extraterritoriality

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extraterritoriality

or

exterritoriality,

privilege of immunity from local law enforcement enjoyed by certain aliens. Although physically present upon the territory of a foreign nation, those aliens possessing extraterritoriality are considered by customary international law or treaty to be under the legal jurisdiction of their home country. This immunity from law enforcement is reciprocal between countries and is generally provided for visiting heads of state, those in the diplomatic services of foreign nations and their families, and officials of the United Nations. Generally such persons are exempt from both civil and criminal action; they may not be sued or arrested. Their property and residences are inviolable, and they are usually exempt from both personal and property taxes. 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. Any major transgressions may result not only in a formal complaint to his government but possibly in a demand for his expulsion. Extraterritoriality also extends to public (i.e., state-owned) vessels in foreign territorial waterways and ports. With the exception of the right of a state to regulate navigation within its own waters, a foreign public ship is entirely exempt from local jurisdiction. A private ship, on the other hand, is subject to local laws. With the growth of air transportation, air space over national territory has also become a question of extraterritoriality. There is little agreement, however, concerning the adoption of uniform standards of jurisdiction. Consequently all air agreements are currently bilateral. Extraterritoriality was in the past often granted to aliens not occupying diplomatic positions. After the conquest (1453) of Constantinople by the Turks, for example, extraterritoriality was bestowed as a courtesy upon several European states, notably Venice and Genoa. In the 19th cent. Western powers, often through coercion, secured unilateral extraterritorial rights for their citizens in China, Egypt, Japan, Morocco, Persia, Siam, and Turkey in the belief that these "uncivilized" states were incapable of establishing justice. Consequently the Western consul was assigned to handle all civil and criminal cases involving his countrymen. 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. In China opposition to extraterritoriality was but one phase of resistance to foreign control, which included the treaty porttreaty port,
port opened to foreign trade by a treaty. The term is usually confined to ports in those countries that formerly strongly objected to foreign trade or attempted altogether to exclude it. Thus it is used especially in reference to Japan and China.
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 system and territorial concessions in the major cities. In 1924 the USSR voluntarily abandoned its privileges in China, as did the United States and Great Britain in 1943. Italy and Japan lost their special status during World War II because they were enemies of China. In 1946, when France abandoned its privileges, nondiplomatic extraterritoriality in China came to an end.
References in periodicals archive ?
The simplest approach to dealing with the extraterritorial application of the patent regime would be to strictly limit patent infringement to acts committed within the United States; therefore, if any part of a patented invention exists or is performed outside of the United States, then there would be no infringement.
Although there is no dispute regarding Congress's constitutional competence to legislate beyond the nation's borders, (14) there are serious consequences to such extraterritorial prescription, prompting judicial inquiry into whether Congress intended a law to have far-reaching geographical scope.
In fact, the US extraterritorial sanctions are not a credible long-term threat.
The move to expand extraterritorial scope is a critical step to align the law with how foreign threat actors target U.S.
He said his country was ready to help Iran with extraterritorial farming in the face of the constraints of worsening land and water resources in Iran.
Extraterritorial sanctions are the second way the U.S.
However, unlike the DTSA, the EEA is specific on its extraterritorial reach.
And if we can avoid long term extraterritorial measures, focus on global standards, share information and develop technology efficiently, our hand is strengthened even further."
This Article turns to the issue of the extraterritorial reach of patent damages.
"Because execution of a warrant seeking data stored abroad constitutes an improper extraterritorial application of the SCA, the magistrate judge's ruling should be set aside," the companies said.
Hallatt, (3) the United States Court of Appeals for the Ninth Circuit was confronted with whether a competitor, selling Trader Joe's products in Canada under the name Pirate Joe's, generated a connection to American commerce strong enough to warrant extraterritorial application of the Lanham Act.

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