Extraterritoriality

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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 military bases of foreign countries, or offices of the United Nations. The three most common cases recognized today internationally relate to the persons and belongings of foreign heads of state, the persons and belongings of ambassadors and certain other diplomatic agents, and 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.

It is distinguished from personal jurisdiction in the sense that extraterritoriality operates to the prejudice of local jurisdiction.

Historical cases

During the thirteenth and fourteenth centuries, the Italian sea republics of Genoa and Venice managed to wrestle extraterritoriality for their quarters (Pera and Galata) in the Byzantine capital, Constantinople.^{[citation needed]} They even battled among themselves for further control of the weakened empire.

Perhaps the most well-known cases of historical extraterritoriality concerned European nationals in 19th century China and Japan under the 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. Chinese and non-treaty nationals in these settlements were subject to Chinese law but, until 1927, were tried by a hybrid Mixed Court which had a Chinese judge and foreign assessor sitting on it. Foreign Nationals of treaty powers were tried by consular courts. Great Britain established the British Supreme Court for China and Japan in Shanghai in 1865 and America the United States Court for China in the early 20th Century.

Extraterritorial rights were not limited to Western nations; Japan and China granted each other reciprocal extraterritorial rights when both opened to trade. Later, in 1895, under the Treaty of Shimonoseki China gave up its extraterritorial rights in Japan and Japan obtained further rights in China. Japan later claimed extraterritorial privileges elsewhere in Asia.

These extraterritorialities officially ended only during or after the end of World War II. The last example of extraterritorial jurisdiction maintained by the United States was in Morocco, which ended in 1957.

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 the "most favoured nation". However, Japan succeeded in reforming its unequal status with Britain through the Anglo-Japanese Treaty of Commerce and Navigation signed on 16 July 1894 in London. Similar treaties were signed with other extraterritorial powers at the same time. These treaties all came into effect in 1899.

Extraterritoriality in China for non-diplomatic personnel ended at various times in the twentieth century. Germany and Austria-Hungary lost their rights in China in 1917 after China joined the allies in World War I; the Soviet Union gave up its rights in China in 1924; the United States and United Kingdom gave up their rights in 1943; Italy and Japan gave up their rights by virtue of being at war with China in World War II; and France was the last country to give up its rights, in 1946.

Siam signed a treaty granting extraterritorial rights to Britain in 1855 during the reign of King Rama IV. Unequal treaties were later signed with 13 other European powers, as well as Japan. After the absolute monarchy was overthrown in 1932, the constitutional government promulgated a set of legal codes, setting the stage for new treaties signed between 1937 and 1938 which canceled extraterritorial rights.

The Treaty Ports in Ireland, which were sovereign bases created by the United Kingdom in 1922, did not enjoy extraterritoriality from the Irish Free State.^{[citation needed]} They were instead pieces of sovereign territory retained by the United Kingdom, until they were finally ceded to the Free State's successor, the Republic of Ireland, in 1938.

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), pp. 210–220, though the Knox-Castrillo Treaty contains no mention of Maine or railroads.

In American Indian contact with EuroAmericans, extraterritoriality once denoted the same idea that beyond given points/lines—e. g., the Indian Southern Boundary in colonial times—Indian tribes were beyond white jurisdiction and non-Indians were not to trespass or occupy any lands. With the establishment of reservations, extraterritoriality soon lost this meaning or became a moot designation.

Current examples

• Official visits of heads of state
• Extraterritorial Properties of the Holy See such as the papal summer residence, Castel Gandolfo
• Headquarters of the Sovereign Military Order of Malta in Rome.
• United Nations headquarters in New York, United Nations offices in Geneva, Vienna, Nairobi, The Hague (International Court of Justice), Hamburg (International Tribunal for the Law of the Sea), Copenhagen and elsewhere.
• The International Bureau of Weights and Measures at the Pavillon de Breteuil in Sèvres.
• The NATO (political) headquarters in Brussels and the headquarters of Allied Command Operations, SHAPE near Mons, Belgium.
• CERN (European Organization for Nuclear Research)
• Santa Maria di Galeria Vatican Radio transmitter
• Guantanamo Bay Naval Base (This example is disputed by the government of Cuba, which claims that the treaty establishing U.S. jurisdiction over the base is not valid.)
• Port of Trieste
• European Central Bank in Frankfurt
• European Patent Office in Munich, Berlin and The Hague
• Moldauhafen (Vltava port), a lot in the port of Hamburg, Germany, leased to the Czech Republic until 2028
• International Maritime Organisation Headquarters in London

See also

• Extraterritorial jurisdiction
• Enclave and exclave
• Status of Forces Agreement
• Diplomatic Immunity
• Antarctic Treaty System
• Demilitarized zone
• EuroAirport Basel-Mulhouse-Freiburg
• Harris Treaty
• Imperialism in Asia
• International waters
• International zone
• Law of the Sea
• Moon Treaty
• Neutral territory
• Outer Space Treaty
• Prerogative
• Rasul v. Bush
• Akmal Shaikh

External links

• Columbia Encyclopedia—"Extraterritoriality"
• Shih Shun Liu, Extraterritoriality, Its Rise and Its Decline (1925)