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 ?
(30.) See Neuman, Extraterritoriality, supra note 7, at 1444, 1469.
extraterritoriality has been rebutted by "a clear, affirmative
In elaborating on the application of the presumption against extraterritoriality to the statute, the Court stated:
First, parties will likely debate whether the extraterritoriality provisions in the EEAs Section 1837 apply to the DTSA.
'This analysis suggests that damages for infringement under various aspects of the Patent Act can be treated differently with respect to extraterritoriality. This Article goes on to suggest that the Federal Circuit's approach lacks nuance to account for the particular economic and legal circumstances that differentiate the different infringement provisions at stake.
I explores how the presumption against extraterritoriality relates to
(14) Within the Kiobel decision, the Court decreed that the presumption against extraterritoriality should be applied to all ATS claims, holding that "even where the claims touch and concern the territory of the United States, they must do so with sufficient force to displace the presumption against extraterritorial application." (15) Since the Kiobel decision, two general lines of interpretation have emerged among the lower federal courts.
If the 9/11 Bill was to become law, it would remove the benefits of centuries old laws and international norms that promote the comity of nations, and plunge the world, one nation or region at a time, into chaos as each nation could pass reciprocal laws in retaliation that would weaken the protections that sovereignty and presumption against extraterritoriality legally provides to all people, of all nations.
The Economist blasted the law as "extraterritoriality stunning even by Washington's standardsa[bar] using threats to outsource its financial policing."
Then the court said it would follow the presumption against extraterritoriality, emphasised by the Supreme Court strongly in recent years including in a racketeering decision this term.