STATUS WOJSK OBCYCH NA TERYTORIUM RZECZYPOSPOLITEJ POLSKIEJ
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Date
2000
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Wydział Prawa i Administracji UAM
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STATUS OF FOREIGN MILITARY FORCES ON THE TERRITORY OF THE REPUBLIC OF POLAND
Abstract
The author’s main objective was to present principles concerning the status of foreign military
forces on the territory of the Republic of Poland which constitute, in its shape, realization (materialization)
of the provision (resolution) included in article 117 of the Republic of Poland’s Constitution
dated 2nd April, 1997. Complex formulation of solutions in this matter created a need to indicate
principles included in an Agreement of a significant priority between the Countries-Parties of the
North Atlantic Treaty Organization concerning the status of their military forces, signed on 19 June,
1951 (NATO-SOFA). Besides the principles decreed in NATO-SOFA, the author also discussed the
principles concerning foreign military forces stay and translocations on the territory of the Republic
of Poland. The scope of regulations in the said legal acts is very vast and the subject matter differentiated.
Principles (rules) concerning performance of jurisdiction and rules regarding claims of civil
charactrer are of the greatest importance. Moreover, the regulations refer, among other things, to
border crossing principles, uniforms, weapons, customs and taxation issues.
The state’s participation in structures of the community involves the neccessity to respect
rules and principles constituted for its members. The importance of these rules acceptance as
legally binding on the basis of the international agreements ratification should also be emphasized.
Vast spectrum of the rules regulation means considerable changes in national law to which
they have been „incorporated”. Expanding memberships in alliances and executing international
treaties denotes univocally the intensive impact of the international law that exerts direct influence
on internal, legal order of states. The natural consequence of these proceses is expressed in
the acquisition of particular rights by the state, and also in undertaking obligations, the realization
of which leads to more or less severe restrictions of the state’s sovereignty. Taking into consideration
the above situation the article concentrates on the idea of sovereignty which being the
value protected by the international law, in the presence of integrational proceses and intensified
activity o f states, assumes a completely new meaning.
Priorities of the international policy are changable whereas passiveness and isolation are not
to be tolerated. The process of establishing the state’s security requires creativity of the Polish
diplomacy, adoption of international standards, and approval of complementary procedures as
stable and firm components of the internal law and respect „in concreto” o f the supremation of the
international law standards.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 62, 2000, z. 3, s. 87-104
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0035-9629