Short V. The Kingdom of the Netherlands Is It Time to Renegotiate the NATO Status of Forces Agreement?
Abstract
Partial contents: Short and Soering- -The background to the NATO SOFA problem; (Short vs. The Kingdom of the Netherlands and The Soering Case); The United States position- -Reliance on 'Black Letter' International Law (A brief history of the NATO SOFA; The Netherlands violated the NATO SOFA's Text: Some 'jurisdictional' arguments; The NATO SOFA after Soering; The Short decision as a violation of international law, and United States policy); The Dutch position- - The role of human rights in international law; Human rights generally: A background; Is the right not to face the death penalty normatively superior to the SOFA's duty to surrender? Is the right not to Face the death penalty superior to the SOFA's duty to surrender as a matter of intertemporal law? The relationship between domestic and international law, Arguments in international treaty law: The Vienna Convention on Treaties and Customary International Treaty Law); Conclusion- -Resolving the Arguments: Is the Short decision valid in international law? Goals and possible solutions, and How the 'case-by-case' solution should work.
Document Details
- Document Type
- Technical Report
- Publication Date
- May 01, 1991
- Accession Number
- ADA239368
Entities
People
- Steven J. Lepper
Organizations
- Air Force Institute of Technology