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The Handbook of the Law of Visiting Forces Second Edition Edited by Dieter Fleck
The Handbook of the Law of Visiting Forces Second Edition Edited by Dieter Fleck

The Handbook of the Law of Visiting Forces

The Handbook of the Law of Visiting Forces

9780198808404
Author: Edited by Dieter Fleck
ISBN: 9780198808404
Binding: Hardcover
Publication Date: 15 June 2018
Price: $165.00

The Handbook of the Law of Visiting Forces

Second Edition

Edited by Dieter Fleck

  • Comprehensively and authoritatively sets out the legal framework governing all aspects of visiting forces
  • Contains contributions from experts in the field of international and military law
  • Provides relevant and practical information and analysis for military and policy lawyers, as well as scholars
  • Features cases studies on Germany, Japan, South Korea, and Afghanistan

New to this Edition:

  • Fully updated covering new developments, including extensive coverage of new status-of-force agreements (SOFA)
  • Features four new chapters on immunity of visiting forces under international law; requirements for and existing practice of multinational units; the law of UN peace operations; and agreements conferring status similar to the status of administrative and technical staff of embassies (A&T Agreements)

Description

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 Afghanistan that considers the various stages of the conflict, before offering conclusions on the current state of the law and its likely future development.

Table of 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 Overview, Dieter Fleck
7. Respect for the Law of the Receiving State, Andrés Muños-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, Paul J. Conderman and Nikoleta Chalanouli
26. Foreign Exchange Regulations, Nikoleta Chalanouli
27. Financing Operations, Nikoleta Chalanouli
28. The 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. United Nations Headquarters in the Field, 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 Crescent Societies, Heike Spieker
PART V. CASE STUDIES
41. The Law of Stationing Forces in Germany: Six Decades of Multilateral Cooperation, Dieter Fleck
42. The Japan Experience with Visiting Forces: An Evolving Perspective, 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 FOR THE PLANNING OF MILITARY DEPLOYMENTS
47. 39 Visiting Forces in an Operational Context, Dieter Fleck and Ben F. Klappe
INDEX

Author Information

Edited by Dieter Fleck, Honorary President, International Society for Military Law and the Law of War, Member of the Advisory Board, Amsterdam Center of International Law, Former Director International Agreements & Policy, German Ministry of Defence

Contributors:

Vladimir Atanasov, Legal Assistant, Office of Legal Affairs, North Atlantic Treaty Organization (NATO), Brussels, Belgium (Chapter 16)

Jonathan L. Black-Branch, Dean of Law and Professor of International and Comparative Law at Robson Hall, Faculty of Law, University of Manitoba (Chapters 17, and 18)

Michael Bothe, Professor (em.) of public law, Johann Wolfgang Goethe University Frankfurt/Main, Germany (Chapter 4)

Frank Burkhardt, formerly Legal Advisor, Commander International Security Assistance Force (ISAF); Deputy Director, International Agreements and Policy, German Ministry of Defence, Bonn, Germany (Chapters 30, 31, 32 and 33)

Nikoleta P. Chalanouli, Staff Legal Advisor, North Atlantic Treaty Organization, Allied Command Operations, SHAPE, Mons, Belgium (Chapters 9, 25, 26, 27)

Paul J. Conderman, Attorney-Advisor, Special Advisor to the Judge Advocate, United States Army Europe, Wiesbaden (Chapters 13, 14, 16, 20 and 25)

Federica Favuzza, PhD, Postdoctoral Fellow in International Law, Adjunct Professor of International Organizations, University of Milan ‘La Statale’, Italy; formerly at the Office of Legal Affairs, North Atlantic Treaty Organization (Chapter 35 III, IV 1-2, IV 5-6 and V)

Dieter Fleck (Chapters 1, 3 I, 3 II, 3 V, 3 VI, 5, 6, 12, 13, 14, 15, 34, 41 and 47 I-III)

Gunter Filippucci, Chief of International Law, United States European Command (EUCOM), Stuttgart (Chapter 46)

Katarina Grenfell, Legal Officer, Office of the Legal Counsel, United Nations Secretariat, New York (Chapters 3 IV, 24)

Steven Hill, Legal Adviser and Director, Office of Legal Affairs, North Atlantic Treaty Organization (NATO), Brussels, Belgium (Chapter 35)

Junya Kawai, Deputy Director, Chief of Cyber Policy Group, Strategic Planning Division, Bureau of Defense Policy, Ministry of Defense Tokyo (Chapter 42 I, III-V)

Hyun Kim, Office of the Judge Advocate for the United Nations Command / United States Forces Korea (Chapter 43)

Colonel Ben F. Klappe, Senior Military Expert, United Nations Secretariat, New York; formerly National Liaison Representative & Senior National Representative of the Netherlands, North Atlantic Treaty Organization, Supreme Allied Commander Transformation, Norfolk, Va., U.S.A. (Chapters 36, 47 IV)

Jean-Philippe Lavoyer, formerly Head of the Legal Division, International Committee of the Red Cross (Chapter 39)

Major Jane M. Male, International Operations Officer, Defense Institute of International Legal Studies, Newport R.I., formerly?Provincial Team Chief, NATO Rule of Law Field Support Mission, Kunduz, Afghanistan (2011-2012) (Chapter 44)

Eduardo Martinez Llarena, North Atlantic Treaty Organization, Supreme Headquarters Allied Powers Europe, Logistics Division (Chapter 23)

Daniel R. Mekonnen, Executive Director of the Eritrean Law Society; formerly Senior Legal Advisor, International Law and Policy Institute (ILPI), Oslo, Norway (Chapter 38 I)

Andrés Muñoz-Mosquera, North Atlantic Treaty Organization, Legal Advisor, Director, Legal Office, Allied Command Operations, SHAPE, Mons, Belgium (Chapters 7, 9, 37)

Michael A. Newton, Professor of the Practice of Law, Vanderbilt University Law School (Chapter 3 III)

Jarin Nijhof, Director of the Expertise Centre on Military Criminal Law of the Netherlands Prosecution Service; former host nation attorney-advisor for the US Army 21st Theater Sustainment Command’s Netherland Law Center (Chapter 19)

Mette Prassé Hartov, Deputy Legal Advisor, North Atlantic Treaty Organization, Supreme Allied Command Transformation, Norfolk, Va. U.S.A. (Chapters 8, 11, and 37)

Jody M. Prescott, Associate Legal Advisor, Office of the Principal Legal Advisor, U.S. Immigration and Customs Enforcement, U.S. Department of Homeland Security; Adjunct Professor, Department of Political Science and School of Environmental Studies, University of Vermont; Senior Fellow, West Point Center for the Rule of Law; formerly Chief, International and Operational Claims, US Army Claims Service, Europe; Chief Legal Advisor ISAF, Kabul; and part of the Specialist Team 007, which received the NATO Research and Technical Office award for scientific excellence in 2012 for its work on the NATO operations assessment supporting the transition from ISAF to the Resolute Support mission (Chapters 22 and 44)

Peter Rowe, Professor of Law (em), University of Lancaster, U.K. (Chapter 2)

Aurel Sari, Senior Lecturer in Law, Fellow, Allied Rapid Reaction Corps, Law School, University of Exeter, U.K. (Chapter 20)

Dale L. Sonnenberg, Deputy Staff Judge Advocate, United States Forces Japan (Chapter 42 I, II, V)

Heike Spieker,?Deputy Director, International Services / National Relief Division, German Red Cross, Berlin (Chapter 40)

Thierry Tardy, Senior Analyst, European Institute for Security Studies, Paris (Chapter 38 II)

Donald A. Timm, Former Special Advisor to the Judge Advocate, United Nations Command/United States Forces Korea and former Special Assistant to the Judge Advocate, United States European Command (Chapters 29, 42 I, II, V and 43)

Bakhtiyar Tuzmukhamedov, Senior Research Fellow, Diplomatic Academy of the Ministry of Foreign Affairs of the Russian Federation; Judge (ret.) International Criminal Tribunals for Rwanda and for the Former Yugoslavia; Vice-President of the Russian Association of International Law (Chapters 38 III and 45)

Sylvain Vité, Legal Adviser, Legal Division, International Committee of the Red Cross, Geneva (Chapter 39)

Joop Voetelink, Associate Professor, Faculty of Military Science, Netherlands Defence Academy, Breda (Chapters 10, 21)

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