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Vol 22 No 10 Oct/Nov 2017

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Lindley & Banks on Partnership

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The Handbook of the Law of Visiting Forces 2nd ed

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ISBN13: 9780198808404
Previous Edition ISBN: 0198268947
To be Published: April 2018
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £125.00



The legal position of visiting forces transcends domestic and international law and is of growing importance in our increasingly globalized and insecure world. 'In area' and 'out of area' operations, both for the purpose of establishing and maintaining peace and in connection with the conduct of other military operations and training, are likely to become more frequent for a variety of reasons. Finding where the applicable law places the balance between the interests, sensitivities and needs of the host state and the requirements, often practical in nature, of the visiting force is a key objective in ensuring that the relationship between hosts and 'guests' is and remains harmonious. All of this must be achieved in an increasingly complex legal environment.

This fully updated second edition of The Handbook of the Law of Visiting Forces addresses the issues surrounding visiting forces and provides a full overview of the legal framework in which they operate. Through an analysis of jurisprudence and historical developments, it offers a comparative commentary to the UN, NATO, and other SOFA rules. The Handbook then continues its analysis through cases studies of visiting forces in key countries, including a fully updated chapter on Iraq that considers the various stages of the conflict with withdrawal and then reintroduction of forces, before offering conclusions on the current state of the law and its likely future development.

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Subjects:
International Criminal Law
Contents:
PART I GENERAL
1: Introduction, Dieter Fleck
2: Historical Developments Influencing the Present Law of Visiting Forces, Peter Rowe
3: Multinational Military Operations, Dieter Fleck, Katarina Grenfell, and Michael A. Newton
4: UN Peace Operations, Michael Bothe
5: The Immunity of Visiting Forces and their Headquarters, Dieter Fleck

PART II COMMENTARIES TO TYPICAL SOFA RULES
6: General Observations, Dieter Fleck
7: Respect for the Law of the Receiving State, Andrés Muñoz-Mosquera
8: Members of Visiting Forces, Mette Prassé Hartov
9: Civilian Components, Andrés Muñoz-Mosquera and Nikoleta Chalanouli
10: Contractor Personnel, Joop Voetelink
11: Dependents, Mette Prassé Hartov
12: Entry and Departure, Dieter Fleck
13: Permits and Licenses, Paul J. Conderman
14: Vehicles, Paul J. Conderman
15: Uniform, Dieter Fleck
16: Communications, Vladimir Atanasov and Paul J Conderman
17: Premises, Jonathan L. Black-Branch
18: Travel and Transport, Jonathan L. Black-Branch
19: Arms, Jarin Nijhof
20: Jurisdiction, Paul J. Conderman and Aurel Sari
21: Military Law Enforcement, Joop Voetelink
22: Claims, Jody M. Prescott
23: Logistic Support, Eduardo Martinez Llarena
24: Deceased Members, Katarina Grenfell
25: Tax and Customs Exemptions, Nikoleta Chalanouli and Paul J Conderman
26: Foreign Exchange Regulations, Nikoleta Chalanouli
27: Financing Operations, Nikoleta Chalanouli
28: The 'Joint Commission' Liaison Mechanism, Donald A. Timm
29: Supplemental Arrangements, Donald A. Timm
30: Settlement of Disputes, Frank Burkhardt
31: Territorial Applicability, Frank Burkhardt
32: Revision, Frank Burkhardt
33: Termination, Frank Burkhardt
34: Applicability During Crisis and War, Dieter Fleck

PART III HEADQUARTERS AGREEMENTS
35: Legal Issues Related to International Military Headquarters, Steven Hill and Federica Favuzza
36: UN Military Headquarters, Ben F. Klappe
37: NATO Military Headquarters, Andrés Muñoz-Mosquera and Mette Prassé Hartov
38: Other Military Headquarters
38.I: African Union, Daniel Rezene Mekonnen
38.II: Military Headquarters for EU Operations, Thierry Tardy
38.III: From the Commonwealth of Independent States to the Collective Security Treaty Organization, Bakhtiyar Tuzmukhamedov

PART IV THE INTERNATIONAL RED CROSS AND RED CRESCENT MOVEMENT
39: The International Committee of the Red Cross: Legal Status, Privileges and Immunities, Jean-Philippe Lavoyer and Sylvain Vité
40: Rights and Obligations of Foreign National Red Cross and Red Crecent Societies, Heike Spieker

PART V CASE STUDIES
41: The Law of Stationing Forces in Germany: Six Decades of Multilateral Cooperation, Dieter Fleck
42: United States Forces in Japan, Junya Kawai, Dale Sonnenberg and Donald A. Timm
43: Visiting Forces in Korea, Hyun Kim and Donald A. Timm
44: Afghanistan, Jody M. Prescott and Jane M. Male
45: Russian Forces in the Former USSR and Beyond, Bakhtiyar Tuzmukhamedov
46: Alternative Approaches to Certain Deployments: Agreements Conferring Status Similar to the Status of Administrative and Technical Staff of Embassies (A&T Agreements), Gunter Filippucci

PART VI CONCLUSIONS
47: Visiting Forces in an Operational Context, Charles A. Allen, Gregory R. Bart and Ben F. Klappe