Naslov
The (Un)Sustainability of the Concept of International Servitude with Respect to Military Bases

Autori
Kinder, Ivica

Izvornik
Miscellanea Iuris Gentium - The Yearbook of the Jagiellonian University, Cracow (0867-6062) 3-4 (2001); 29-52

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, znanstveni

Ključne riječi
Military base, international servitude, foreign military forces

Sažetak
The establishment of military bases on foreign territory is a crucial element in states' defence and foreign policy strategies and a hallmark of contemporary international relations. The concept itself implies the use of part of the territory of another state which nominally retains jurisdiction over the area. However, that state's authority is to some extent restricted by the presence and activity of the foreign armed forces (the most powerful expression of state authority). The essential indicator of the international legal status of foreign military bases is the attitude of the sending state towards the sovereignty of the receiving state, and the central legal issues is the role of international treaties and their continued authority where sovereignty over the military base area is transferred. Provisions of international treaties on military bases lead some legal commentators to classify such treaties as international military servitudes, which significantly restrict the territorial authority of the receiving authority, and to view related problems in that light ; others prefer to see them more as a matter of the interstate relations in personam. In this article the author analyses the provisions of a number of international treaties, referring to numerous legal writings and accessible documents. His analysis suggests that international treaties may function as the basis for establishing interstate relations in personam.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

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