Review article
International organization as a user of foreign military base
Ivica Kinder
; Ured Predsjednika RH
Abstract
When judging what is and what is not a military base, the terminology used (base, object, installation, camp, training range, etc.) is of secondary importance in comparison to the substance of a relationship established between a host state and a user state. Key elements of the phrase "military base" include a consensual regulation of foreign forces' residence on a precisely determined part of a host state's territory, a relatively long habitation of the base area, conduct of military activities, and foreign forces' exclusive control over the base.
Different from earlier practices, after the World War Two, residence of one state's military forces on another state's territory became significantly more related to the activities of international organizations. With regard to founding military bases under the auspices of international organizations, it has been traditionally considered in legal theory that an international organization, although a subject of international law, has no military forces of its own, but relies upon its member states for military forces. In particular, it has also been stated that the requirement for a relatively long habitation on a host state's territory is not being fulfilled.
Based on analysis of NATO's and UN's practices, the author states that under certain circumstances an international organization can appear as a user of a foreign military base, too. The author finds that the UN only, albeit to a limited extent, has emerged in such a capacity, while NATO's practices are different in the way that bases always belong to member states, but not to NATO as a subject of international law.
Keywords
Military base; international agreement international organisation; NATO; UN
Hrčak ID:
109169
URI
Publication date:
10.10.2013.
Visits: 1.860 *