Legal status of warships in foreign ports

Abstract

This study presents a general overview of the legal status of warships in foreign ports. Its main aspects are discussed, focusing, primarily on the position adopted by NATO countries in the Status of Forces Agreement, the U.K. visiting Forces Act 1952 and Malta Visiting Forces Act 1966. The writer also examines Treaty Law, considering the 1958-1982 Law of the Sea Conventions and highlighting customary international law in State practice. Finally, the Maltese position is inquired into through the relevant Constitutional provisions, case-law and House of Representatives’ resolution. A concluding remark explains the jurisdictional difference under the Malta Visiting Forces Act (1966) and present conditions.