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Part II Commentaries to Typical Sofa Rules, 30 Settlement of Disputes

Frank Burkhardt

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 May 2023

Military assistance — Settlement of disputes — Military matters — Peace keeping

This chapter looks at dispute settlement for multinational operations both within the United Nations and the North Atlantic Alliance. There is a strong common interest of participating parties to settle any possible dispute on the interpretation or application of status-of-forces agreements (SOFAs) at the lowest possible level. As no serious dispute on the interpretation or application of the UN Model SOFA and the NATO SOFA has occurred so far, it appears that negotiations between the UN and the Host State or Sending States and the Receiving State have been able to cope with any difficulties concerning SOFA application. SOFAs for UN peace operations are negotiated and concluded between the UN and the Host State without direct involvement of Troop-Contributing States. Any dispute concerning the interpretation or application of relevant SOFA provisions would not be one between States, but between the Host State and the world organization.

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