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Part II Commentaries to Typical Sofa Rules, 31 Territorial Applicability

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: 28 January 2023

Military assistance — Military matters — Peace keeping

This chapter deals with territorial applicability of status-of-forces agreements (SOFAs). The territorial applicability of the UN Model SOFA is limited to the area of operation. NATO SOFA applies only in ‘the metropolitan territory’ of any Party which may, however, extend its applicability by unilateral declaration to ‘any of the territories for whose international relations it is responsible in the North Atlantic Treaty area’. While the territorial applicability of the UN Model SOFA does not raise any particular problems, the limitation of the territorial applicability of NATO SOFA appears to be more complex. Yet it does not create impediments to the solution of legal problems resulting from the Alliance’s enlargement and its operations. It can be summarized that as a general rule NATO SOFA applies on the territories of the Parties of the North Atlantic Treaty and to NATO operations in the North Atlantic region north of the Tropic of Cancer.

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