International Legal Status Of Overseas Military Bases

Overseas military bases are the products of special military relations between two countries or amongst countries,many legal issues are worth studying and clarifying at the legal level.Taking the international legal status of overseas military bases as the entry point of the study will help more intuitively solve the legal issues involved in overseas military bases.Focusing on the theme of the international legal status of overseas military bases,this paper focuses on the following issues: the legal characterization of overseas military bases,the issue of the jurisdiction and immunity of overseas military bases,and the international legal responsibility of overseas military bases.The first issue: The legal characterization of overseas military bases mainly focuses on the territoriality occupied by overseas military bases,the legitimacy of overseas military bases and the rights and obligations of overseas military bases.The second issue: The issue of the jurisdiction and immunity of overseas military bases is mainly studied in terms of the sovereignty and jurisdiction of overseas military bases,the privileges and immunities of the overseas military bases and military personnel.The third issue: The issue of international legal responsibility of overseas military bases is mainly studied from two aspects: state responsibility and international liability for damage.Therefore,this paper is divided into the following three parts:The first chapter of the thesis elaborates the legal characterization of overseas military bases.The article first reviewed the evolution of overseas military bases.Overseas military bases have evolved from the symbol of colonialism,through the phases of World War II and the Cold War,in the context of today's multi-polarization;its connotation and extension have undergone certain changes.Based on the understanding of this change,the author gave a comprehensive analysis of the domestic and foreign literature on the interpretation of overseas military bases and defined the overseas military bases scientifically.The second section studies the territoriality and the legality of overseas military bases.In the framework of today's international law,the territoriality of "rental land" and "international affirmative servitude" for overseas military bases are briefly discussed and the legality of overseas military bases is analyzed.The third section of this chapter analyzes the rights and obligations of overseas military bases,and mainly elaborates on the rights and obligations of the two main bodies of sending and host countries.The second chapter of the paper studies the international legal regulation of overseas military bases from the perspective of international law.First of all,from the perspective of the basic principles of international law concerning overseas military bases,the legal application of the principle of state sovereignty in overseas military bases is analyzed.The jurisdiction of overseas military bases should belong to the host country,but there are exceptions in reality.At the same time,the jurisdiction of overseas military bases in host countries is facing challenges.Secondly,the second section of this chapter analyzes the regulation of overseas military bases by international conventions from the perspective of international conventions.It mainly analyzes the constraints of the United Nations Charter and the Vienna Convention on the Law of Treaties on the establishment of overseas military bases.The legal bindings of international conventions on the jurisdiction of the host country,the overseas military bases and their military personnel's privilege and immunity are studied.They are mainly focus on a comparative analysis of the privileges and immunities of diplomatic activities.Moreover,the paper discusses the possibility and existing obstacles of establishing exclusive treaties for overseas military bases.Finally,in the third section of this chapter,from the perspective of bilateral or multilateral treaties,a legal analysis of the treaty itself concerningoverseas military bases is given and the need for complying with the relevant provisions of international law and domestic law when conducting the contract are discussed.At the same time,bilateral or multilateral treaties are the legal basis for the mutual rights and obligations of military bases between nations.The host country's jurisdiction,the privileges and immunities of overseas military bases and military personnel should be based on bilateral or multilateral treaties.The third chapter of the thesis mainly studies the international legal responsibility which may be triggered by the state practice.The first two sections of this chapter have briefly described the state practice of the United States and Britain on overseas military bases,and then gave a legal analysis of their specific overseas military bases.The third section of this chapter examines the international legal responsibilities which may arise from the conduct of a country that establishes overseas military bases,and discusses it from the perspective of the state responsibility of overseas military bases and the international damage liability of overseas military bases.Finally,proceeding from China's practice of overseas military bases,the author analyzes the implications of other country's practices on China,mainly including following aspects such as the domestic law of sending countries and host countries,observing the regulations of international law,and evading the risks of international legal liability.