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The Handbook of the Law of Visiting Forces, 2nd Edition edited by Fleck, Dieter (12th April 2018)

Part II Commentaries to Typical Sofa Rules, 7 Respect for the Law of the Receiving State

Andrés Muñoz-Mosquera

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, 2015. All Rights Reserved.date: 14 December 2019

Subject(s):
Host state law

This chapter examines the duty to respect the law of the Receiving State, as laid out in the UN Model SOFA and the NATO SOFA. Despite, or perhaps because of, its importance, the duty to respect the law of the Receiving State has been the subject of much discussion and controversy over the years. Views have ranged from the position that the Visiting Forces are not bound by the law of the Receiving State and its procedural requirements but are only required to respect the purposes and aims of the law, to the position that Receiving State law applies to the Visiting Forces which must accordingly respect it. Art. II NATO SOFA does not contain any statement about the application or non-application of Receiving State law. For this reason it is necessary to take a 360-degree look at the question of the respect of the law of the Receiving State.

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