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Part II Commentaries to Typical Sofa Rules, 17 Premises

Jonathan L. Black-Branch

From: The Handbook of the Law of Visiting Forces (2nd Edition)

Edited By: Dieter Fleck

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 30 September 2023

Military assistance — Sovereignty — Military matters — Peace keeping

This chapter discusses the right to premises. The provisions dealing with premises in the UN and NATO SOFAs are both aimed at ensuring the Host State actually provides, or does its best to assist, the Sending State in acquiring the services and property necessary for carrying out the specific mission of the Visiting Forces. The models differ on the specific rights, powers, and duties of the Host State and the Sending State or organization as well as the jurisdiction of the Host State over the premises. The original purpose of NATO SOFA Art. IX was to make the services and property required to a force. On the other hand, the UN SOFA seems to lean more toward protecting the rights, safety, and operations of visiting UN forces.

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