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Part I General Framework, 1 Introduction

Dieter Fleck

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: 20 March 2023

Military assistance — Customary international law — Host state law — Relationship of international law & host state law — Military matters

This introductory chapter briefly explores the nature and development of the laws regarding Visiting Forces. The relevant rules of international law need to be implemented at national level, a task that makes close cooperation and international exchange essential. This requires a good perception of the objectives of the law of Visiting Forces based on historic developments and current treaties. Moreover, the chapter examines the relationship between international law and national law, which is of particular interest for any activity of foreign armed forces in a Host State. Out-of-area deployments, i.e. deployments in third countries not belonging to the same regional organization or military alliance, also require specific considerations insofar as specific Status-of-Forces Agreements (SOFAs) will be necessary. Finally, existing international law and practice is evaluated with a view to the question whether rules of customary law are evolving in this respect.

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