The Military Agreement In Ukited States Law And Practice

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The Military Agreement In Ukited States Law And Practice

I. INTRODUCTION

In recent times a distinct type of agreement has attained a nrominent place in the much debated field of international compacts between the United States and foreign countries. These types af agreements can suitably be referred to as "military agreements" or "military arrangementa." They probably exceed in numbers any other sort of intergoiernmental accords con-cluded by the United States with foreigns nations. Although the military agreement shares some of Its principal features with other International or intergovernmental agreements, it retains its awn characteristics. Hauwer, because of it8 rather incanSP~CUOUS nature it has not yet generated the general interest of the legal community which it deserves. One of the most controversial agreements of this type, the Status of Forces Agreement, has aroused public interest from time to time. Otherwise, the military agreement has remained principally within the cognizance of the military legal practitioners, m, Judge advocate officers and civilian attorney-advisers in the Department of Defense, Army, Navy and Air Force. Upon occasion, State Department lawyen participate in those military agreements which are of a high level type. Possibly for them reasons no serious effort Seems ti) have been made to examine the nature of the military agreement as B legal instrument sui geneits so at to put it in its proper place in the law of treaties and international agreements. Consequently, the military agreement lacks a suitable classification of its own:

* The opinionn and emeldons presented herein are those of the author and do not necessarily represent the ~ i e w s of The Judge Advocate General's School or any other governmental B P ~ ~ C Y

*" Senior Civilian Attorney, Direetorste of International Law, Office of the Staff Judge Advocate, HeadQuarteri, United States Air Forcer m Europe: LL.6.. University of Ssn Francisco Law School (1945) : J.D , Oniuermty of Vienna. Austria (1929) Member of the Marsachusetts Bar, the Bar af the United States Supreme Covrr and the Bar of the Court of Military Appeals

1 The Dmj! Convention on the La% o i Treaties (Haruard Law School Rerearch in International Law), in 28 Am. J. Int'l L. (Supp. 1836) falls to refer IO this ~i~rndeanlarea of interrovernmenfal agreements. Borehard, Shofl the Exeoutivr Agr*enirn! Rtpiaoe !he Treaty, 53 Yale L. J. 664 (1944).

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11. CONCEPT OF THE MILITARY AGREEXENT

An examination of the military agreement, aa a distinct type of international agreem...

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