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Encyclopedia > Extraterritoriality

Extraterritoriality is the state of being exempt from the jurisdiction of local law, usually as the result of diplomatic negotiations. Extraterritoriality can also be applied to physical places, such as embassies, consulates, or military bases of foreign countries. These places remain the sovereign territories of the host countries, and although they are not subject to local law, local law enforcement agencies do have the duties of protecting them from outside disturbances and can in some cases arrest them for crimes committed on the host states' soil. In law, jurisdiction refers to the aspect of a any unique legal authority as being localized within boundaries. ... A diplomatic mission is a group of people from one nation state present in another nation state to represent the sending state in the receiving State. ... The term Consulate can refer to: the office or the period in office of a consul a diplomatic consulate the French Consulate which governed between 1799 and 1804 a brand of menthol cigarettes Consulate This is a disambiguation page — a navigational aid which lists other pages that might otherwise share... A military base is an isolated facility, settlement, or installation that shelters military equipment and personnel. ...

The three most common cases recognized today internationally relate to the persons and belongings of foreign sovereigns, the persons and belongings of ambassadors and certain other diplomatic agents, and public ships in foreign waters.

Extraterritoriality is often extended to friendly or allied militaries, particularly for the purposes of allowing that military to simply pass through one's territory.

Extraterritoriality can also refer to the extension of the power of a nation's laws to its citizens abroad. For example, if a person commits homicide abroad and goes back to his country of citizenship, the latter can still try him under its own laws, although this is likely to involve transfer of evidence and other judicial information. Evidence has several meanings as indicated below. ...


Historical Cases

During the 13th and 14th centuries, the Italian sea republics of Genoa and Venice managed to wrestle extraterritoriality for their quarters (Pera and Galata) in the Byzantine capital, Constantinople. They even battled among themselves for further control of the weakened empire. A thalassocracy is a Greek expression for a state whose realms are primarily marine – an empire at sea, such as the Phoenician network of merchant cities. ... The Republic of Genoa, in full the Most Serene Republic of Genoa (known as the Ligurian Republic from 1798 to 1805) was an independent state in Liguria on the northwestern Italian coast from ca. ... The Most Serene Republic of Venice was a city-state in Venetia in Northeastern Italy, based around the city of Venice. ... Pera was a suburb of Constantinople, located north of the Golden Horn, and is now part of the Istanbul district of Galata. ... Galata or Galatae is a district in Istanbul, the largest city of Turkey. ... Map of Constantinople. ...

A historic case of extraterritoriality was the seizure of the railways of Nicaragua by Brown Brothers Harriman, a U.S. banking firm. Under the Knox-Castrillo Treaty of 1911 these railroads became legally part of the State of Maine, according to former president of Guatemala, Juan José Arévalo, in his book The Shark and the Sardines (Lyle Stuart, New York, 1961). Categories: Possible copyright violations ... Juan José Arévalo Bermejo (1904 – 1990) was the first of the reformist presidents of Guatemala after the rule of dictators in 1944. ...

Perhaps the most well-known cases of historical extraterritoriality concerned European nationals in 19th century China and Japan under the so-called unequal treaties. Extraterritoriality was imposed upon China in the Treaty of Nanking, resulting from the First Opium War. Shanghai in particular became a major center of foreign activity, as it contained two extraterritorial zones, the International Settlement and the French Concession; these extraterritorialities officially ended only after the end of World War II. A satellite composite image of Europe // Etymology Picture of Europa, carried away by bull-shaped Zeus. ... Alternative meaning: Nineteenth Century (periodical) (18th century — 19th century — 20th century — more centuries) As a means of recording the passage of time, the 19th century was that century which lasted from 1801-1900 in the sense of the Gregorian calendar. ... The Unequal Treaties (Chinese: 不平等條約 Korean:불평등조약) is the name in the English language used by modern China for a series of treaties signed by several Asian states, including the Qing Empire in China, late Tokugawa Japan, and late Joseon Korea, and foreign powers (Chinese: 列強 Korean:ì—´ê°•) during the 19th and early 20th... Nanking, August 29, 1842, Peace Treaty between the Queen of Great Britain and the Emperor of China The Treaty of Nanking (南京條約, pinyin: NánjÄ«ng TiáoyuÄ“) is the agreement which marked the end of the First Opium War between the United Kingdom and China. ... The First Opium War was a trade-inspired war between the Great Britain and the Qing Empire in China from 1839 to 1842. ... Shanghai (Chinese: 上海; Pinyin: ; Shanghainese IPA: ; Lumazi: Zanhe) , situated on the banks of the Yangtze River Delta, is Chinas largest city. ... Combatants Allied Powers Axis Powers Commanders {{{commander1}}} {{{commander2}}} Strength {{{strength1}}} {{{strength2}}} Casualties 17 million military deaths 7 million military deaths World War II, also known as the Second World War, was a mid-20th century conflict that engulfed much of the globe and is accepted as the largest and deadliest...

Japan recognized extraterritoriality in the treaties concluded with the United States, the United Kingdom, France, Netherlands, and Russia in 1858, in connection with the concept of "Most Favored Nation." However, Japan succeeded in reforming her unequal status with Western countries through the Anglo-Japanese Treaty of Commerce and Navigation signed on July 16, 1894 in London. 1858 is a common year starting on Friday. ... Most favoured nation (or most favored nation, MFN) is a term used in international trade. ... The Treaty of Commerce and Navigation (Nichi-Ei Tsuushou Koukai Jouyaku) signed between Britain and Japan on July 16, 1894 was a major landmark treaty which heralded the end of the system of extraterritoriality in Japan exactly five years later. ... July 16 is the 197th day (198th in leap years) of the year in the Gregorian Calendar, with 168 days remaining. ... 1894 was a common year starting on Monday (see link for calendar). ...

Traditional cases of extraterritoriality

Diplomatic immunity is a form of legal immunity and a policy held between governments, which ensures that diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host countrys laws (although they can be expelled). ... The President of the United States visits the President of the Philippines. ...

See also

The Supreme Court Building, Washington, D.C. Rasul v. ... Western imperialism in Asia traces its roots back to the late 15th century with a series of voyages that sought a sea passage to South Asia in the hope of establishing direct trade between Europe and Asia in spices. ... The Treaty of Peace and Commerce between the United States and Japan was signed July 29, 1858. ... Most favoured nation (or most favored nation, MFN) is a term used in international trade. ... The Unequal Treaties (Chinese: 不平等條約 Korean:불평등조약) is the name in the English language used by modern China for a series of treaties signed by several Asian states, including the Qing Empire in China, late Tokugawa Japan, and late Joseon Korea, and foreign powers (Chinese: 列強 Korean:열강) during the 19th and early 20th...

External links

  • Columbia Encyclopedia – Extraterritoriality
  • The Knox-Castrillo Treaty
  • Supreme Court Guantanamo Decision

  Results from FactBites:
AllRefer.com - extraterritoriality (Political Science: Terms And Concepts) - Encyclopedia (565 words)
While extraterritoriality insures that a diplomat will not be prosecuted for illegal behavior, it is emphasized that he is expected to adhere to the laws of the land in which he is serving.
Extraterritoriality was in the past often granted to aliens not occupying diplomatic positions.
Extraterritoriality of this type was strongly resented as an infringement of sovereignty and was abolished in Japan in 1899, in Turkey in 1923, and in Egypt in 1949.
» Extraterritoriality (4525 words)
While many details of the extraterritorial application of the US antitrust laws are still very much subject to debate, the basics are relatively straightforward, if one strips away a number of potentially confusing concepts.
Thus, the stage is set for the question of extraterritorial application of the Sherman Act under Empagran, for which we need three elements: conduct, foreign harm, and domestic harm.
The Supreme Court agreed to hear the case and, vacating the Court of Appeal’s decision, held that antitrust claims that are based entirely on “independent foreign harm” are not recognizable under the Sherman Act.
  More results at FactBites »



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