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Vol 23 No 5 May/June 2018

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The Peacetime Use of Foreign Military Installations Under Modern International Law

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John WoodliffeSenior Lecturer in Law, University of Leicester

ISBN13: 9780792318798
ISBN: 079231879X
Published: March 1993
Publisher: Brill Academic Publishers
Format: Hardback
Price: Out of print

The stationing of foreign armed forces abroad in peacetime has been a constant and distinctive feature of the post-1945 bipolar world. This book is a systematic study of the subject looking beyond the areas of criminal and civil jurisdiction to broader issues of international law arising out of the establishment and use of foreign military installations in time of peace.;Implementation of basing agreements between states sending and states hosting foreign armed forces has resulted in a large body of state practice that includes such major international incidents as the US air raid on Libya in 1986 and the US intervention in Panama in 1989. The book assesses the future of foreign military installations against the background of the end of the Cold War, the unification of Germany, the dissolution of the Warsaw Pact, and the emerging European security order.

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Part 1 The legal framework in context: the forms and functions of overseas military installations in geopolitical perspective; the legal setting - basic principles; the reality of consent; foreign military installations in colonial or other dependent territories after accession to independence; restrictions on the freedom to establish military installations abroad; the juridical nature of rights created under base agreement.
Part 2 Legal relations inter partes: the legal frame of reference applicable to relations between the sending and receiving state; criminal jurisdiction; responsibility for the security of installations; the settlement of civil claims.
Part 3 The nexus of legal relations between the contracting parties and third states: the application of the principle of state responsibility - the theoretical framework; state practice.
Part 4 Termination of military base agreements and the management of change: the termination of base agreements - theory and practice; the future of foreign military installations in a changing world.