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Extraterritoriality

In international law, extraterritoriality is the state of being exempted from the jurisdiction of local law, usually as the result of diplomatic negotiations.

Historically, this primarily applied to individuals, as jurisdiction was usually claimed on peoples rather than on lands.[1] Extraterritoriality can also be partly applied to physical places, such as the immunity granted to diplomatic missions, 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 and government, the persons and belongings of ambassadors and other diplomats, and ships in international waters.

Forms

In the past, pre-modern states generally claimed sovereignty over persons, creating something known as personal jurisdiction.[1] As people move between borders, this led, in the framework of a territorial jurisdiction, to certain persons being under the laws of countries in which they did not reside. Extraterritoriality, in this sense, emerges from the interaction of these two conceptions of jurisdiction, personal and territorial, when laws are applied based on who a person is rather than where they are.

Extraterritoriality can now take various forms. Most famous are examples of diplomatic extraterritoriality, where diplomats and their belongings do not operate under the laws of their host nations, but rather, under the laws of the diplomat's nation.

Similarly, many nations claim the right to prosecute foreign combatants and violators of human rights under doctrines of universal jurisdiction, irrespective of the nationality of those persons or the place in which the alleged crimes occurred.[2] This extends to domestic criminal codes as well: for example, the People's Republic of China claims the right to prosecute Chinese citizens for crimes committed abroad[3] and Canada will prosecute sexual abuse of minors by a Canadian anywhere in the world.[4]

In some military and commercial agreements, nations cede legal jurisdiction for foreign bases or ports to other countries. For example, Japan cedes jurisdiction over American military bases on its soil in Okinawa to US military tribunals pursuant to a bilateral status of forces agreement.[5]

In maritime law, a ship in international waters is governed by the laws of the jurisdiction in which that ship is registered. This can be conceived of as a form of extraterritoriality, where a nation's jurisdiction extends beyond its border.

Historical cases

14th century

During the 13th and 14th centuries, the Italian sea republics of Genoa, Venice and Pisa obtained extraterritoriality for their merchants who operated in designated quarters (Pera and Galata) in the Byzantine capital, Constantinople, as well as in Egypt and the Barbary states.[6]

Ottoman Empire

A series of capitulations were made in the form of treaties between the Sublime Porte and Western nations, from the sixteenth through the early nineteenth centuries.[7] The legal impenetrability of the Ottoman legal code created during the Tanzimat era began to weaken continuously through the spread of European empires and the prevalence of legal positivism.

The laws and regulations created for Ottoman subjects to abide by often did not apply to European nationals conducting business and trade in the provinces of the empire, and thus various capitulations were brought into effect with respect to many foreign powers. The various overlapping governmental laws led to legal pluralism in which jurisdiction often was left up to the great powers to institute and organize their own legal structures to represent their citizens abroad.[8]

The capitulations ceased to have effect in Turkey in 1923, by virtue of the Treaty of Lausanne, and in Egypt they were abolished by the Montreux Convention in 1949.

British India

During the Second World War, the military personnel of the Allied forces within the British Raj were governed by their own military codes by the Allied Forces Ordinance, 1942[9] and the members of the United States Armed Forces were entirely governed by their own laws, even in criminal cases.[10]

United States

Historically, the United States has had extraterritoriality agreements with 15 nations with non-Western legal systems: Algeria, Borneo, China, Egypt, Iran, Japan, Korea, Libya, Madagascar, Morocco, Samoa, Tanzania, Thailand, Tunisia, and the Ottoman Empire.[11] Americans in the military or civilians working on American military bases overseas generally have extraterritoriality, so they can only be tried by the U.S. military. This is regulated by a status of forces agreement.[12][13]

East Asia

The most famous cases of extraterritoriality in East Asia are those of 19th century China, Japan, and Siam, emerging from what is termed the "unequal treaties". The practice of extraterritoriality, however, was not confined to the 19th century or these nations,[14] as the monarchs and governments of pre-modern East Asia primarily claimed sovereignty over people rather than tracts of land.[15]

China

 
A hearing of the International Mixed Court at Shanghai, c. 1905

The creation of extraterritoriality for treaty nations "was not introduced into East Asia ex novo, but built atop a long-standing legal edifice".[16] Jurisdiction in Qing China, with differential treatment for Han and Manchu subjects, was not determined by geography, but rather, by the identity of the subjects.[16] For example, the ruling Manchu elite possessed legal privileges which placed them outside the jurisdiction of local ethnically Chinese administrators.[7]

Before the 1842 Treaty of Nanking, which ended the First Opium War, foreign merchants were not satisfied with the state of the Qing legal system. British merchants were "suspicious of what they regarded as a tendency in the Qing legal order to impose collective responsibility; they were also resentful of the Qing practice of meting out capital punishment in cases of accidental manslaughter".[17] After the Lady Hughes Affair – a controversial 1784 case where a British gunner was executed for killing two Chinese subjects – East India Company officials generally spirited away Britons before Qing officials could react.[17]

Grants of extraterritoriality were regular in China. In the 1830s, when the Qing government concluded a treaty with the Uzbek khanate of Khoqand, it granted extraterritorial privileges to its traders. And in dealing with foreign merchants through the centuries, the Qing government rarely attempted to impose jurisdiction based on territorial sovereignty, instead entrusting the punishment of foreigners to the respective authority in practically all cases except homicide.[18]

At the negotiations of the Treaty of Nanjing, Qing negotiators readily extended a grant of extraterritoriality. Cassel writes "the imperial commissioner and Manchu nobleman Qiying readily conceded extraterritorial privileges to the British in an exchange of notes with Pottinger [the British plenipotentiary] at the time of the conclusion of the treaty".[19] This was in line with Qing practices at the time, where sovereignty was held by peoples rather than imposed on lands.[20]

A more formal declaration of extraterritoriality was concluded in the 1843 Supplementary Treaty of the Bogue, which established that "Britons were to be punished according to English law and Chinese were to be 'tried and punished by their own laws'".[20] These provisions only applied to the treaty ports, since foreigners were barred from entering the Chinese interior.[21]

Under imperial edict earlier in the year, these privileges were extended to most western countries. Other nations wanted reassurances and guarantees. For example, the United States negotiated the 1844 Treaty of Wanghia, which stated in article 21:

Subjects of China who may be guilty of any criminal act towards citizens of the United States shall be arrested and punished by the Chinese authorities according to the laws of China, and citizens of the United states who may commit any crime in China shall be subject to be tried and punished only by the Consul or other public functionary of the United States thereto authorised according to the laws of the United States.[22]

The Wanghia treaty included an exception for American trading in opium and also subjected American ships trading outside treaty ports to confiscation by the Chinese government in articles 33 and 3.[22] Similarly, the French also pursued protections in the Treaty of Huangpu, which further introduced a distinction between criminal and civil jurisdiction (non-existent in Qing dynasty law) and gave Frenchmen the full protections of Chinese law outside concessionary areas.[23]

The 1858 Sino-British Treaty of Tientsin, which ended the Second Opium War, expanded the rights of western visitors. They were permitted to enter the Chinese interior after passporting. However, extraterritorial rights were not extended outside the treaty ports.[24] Similar rights were granted to the interested western powers due to the "most-favoured-nation" clause: all privileges the Qing empire granted to one power were automatically granted to the others. In 1868, when the Tientsin treaties were renegotiated, British merchants clamoured to lift the travel restrictions on the Chinese interior. The Qing position was adamantly opposed, unless extraterritoriality was also abolished. No compromise was reached; and the Qing government was successful in preventing foreigners from visiting the Chinese interior with extraterritorial privileges.[25]

Extraterritorial rights were not limited to Western nations. Under the 1871 Sino-Japanese Treaty of Tientsin, Japan and China granted each other reciprocal extraterritorial rights.[26] China itself imposed reciprocal extraterritoriality rights for its own citizens in Joseon Korea.[27][26] However, in 1895, under the Treaty of Shimonoseki after the First Sino-Japanese War, China gave up its extraterritorial rights in Japan, without reciprocity.[28]

International Mixed Court

By far the most important of the treaty ports established after 1842 was Shanghai, where the vague extraterritoriality provisions of the various treaties were most sophisticatedly implemented. The two main courts judging extraterritorial cases were the Shanghai Mixed Court and the British Supreme Court for China.[29] Similar courts were established for treaty countries, e.g. the United States Court for China.[30] These had jurisdiction over the concession areas, which formally remained under Qing sovereignty.[31] Initially, Chinese people who committed crimes in, say, the British zone, were remanded to Chinese authorities.[32]

End of extraterritoriality in China

By the early 20th century, some Western powers were willing to relinquish extraterritorial rights given Chinese legal reform.[33] For example, the 1902 Sino-British "Mackay treaty"'s article 12 read:

China having expressed a strong desire to reform her judicial system ... [Great Britain] will ... be pretreated to relinquish her extra-territorial rights when she is satisfied that the state of the Chinese laws, the arrangement for her administration, and other considerations warrant her in so doing.[33]

Qing law did not make a formal distinction between criminal and civil law.[22] While efforts at legal reform were pursued in earnest in the last decade of the Qing dynasty,[33] what was actually enacted failed to meaningfully address this lack of law regarding contracts, trade, or commerce.[34]

After the collapse of the Chinese government in 1911 and the ensuing administrative vacuum, the Chinese members of the Mixed Court were subsequently appointed by the Western powers, placing all inhabitants of the international settlement under de facto foreign jurisdiction.[35][36] The success of the Northern Expedition in increasing the authority of the Chinese republic in the mid-1920s led to many governments giving up their more minor treaty ports without a fight.[37] However, the treaty powers were unwilling to give up Shanghai, or their privileges within it, which remained the most prominent economic centre and treaty port, even as the others were disestablished. It was only after a confrontation between Shanghai police and Nationalist demonstrators in 1925 that Chinese authorities refused to enforce the verdicts of the Mixed Court; this led to its disestablishment in 1927 and replacement with a Chinese-run local court.[37]

In 1921, at the Conference on the Limitation of Armament in Washington, an international treaty called the Nine-Power Treaty was signed expressing the willingness of the parties to end extraterritoriality in China once a satisfactory legal system was established by China.[38][39] As a result, a commission was established in 1926 that published a detailed report containing its findings and recommendations for the Chinese legal system.[40]

Extraterritoriality in China for non-diplomatic personnel ended at various times in the 20th century. Germany and Austria-Hungary lost their rights in China in 1917 after China declared war on them.[35] The Soviet Union Russia made secret agreements that kept its rights until 1960, although publicity falsely stated that it gave them up in 1924.[41]

In 1937, the status of the various foreign powers was thus:[42]

Status of extraterritoriality with respect to China (1937)
Ceased to have effect No extraterritorial rights Will surrender privileges "when all other powers do so" Rights continued to have effect
  Germany
  Austria-Hungary
  Hungary
  Spain
  Mexico (lapsed in 1928)
  Bolivia
  Chile
  Czechoslovakia
  Finland
  Greece
  Iran
  Poland
  Turkey
  Cuba
  Uruguay
  Panama
  Bulgaria
  Belgium
  Italy
  Denmark
  Portugal
  Norway
  Sweden
  Switzerland
  Brazil
  France
  United Kingdom
  Japan
  Netherlands
  United States
  Soviet Union

In 1929 the Nationalist government announced its goal of ending extraterritoriality. Negotiations with Britain, the main holder of such rights, went slowly. They ended with the Japanese invasion of 1937, as Japan seized Shanghai and the main treaty ports where extraterritoriality was in operation.[43] When Britain and the United States went to war with Japan in late 1941, they became formal allies of China and made ending extraterritoriality an urgent goal. The United States focused on protecting its immigration restrictions. Britain sought and failed to secure guarantees for the freedom of its commerce. Both the U.S. and Britain relinquished extraterritorial rights with new treaties in 1943: the Sino-American Treaty for the Relinquishment of Extraterritorial Rights in China and the Sino-British Treaty for the Relinquishment of Extra-Territorial Rights in China. Other countries quickly followed.[44][45]

Legacy

The legacy of this for jurisdictional control continues to the modern day. Cassel writes, "extraterritoriality has left many policy-makers in mainland China with a legacy of deeply felt suspicions toward international law, international organisations, and more recently, human rights".[2] With part of its legitimacy resting on claims to strengthening national sovereignty and territorial integrity, the Constitution of the People's Republic of China explicitly states that foreigners must abide by PRC law.[2] And the PRC government claims the right, under article 10 of its criminal code, to prosecute Chinese citizens for crimes against the criminal code which are committed abroad, even if already punished for the crime.[5] These emerge from significant claims of the importance of national sovereignty, a reaction to its abridgement in the past, where almost no nations emphasise the importance of their sovereignty more than China does today.[2]

Japan

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".[46] Various commercial treaties extended extraterritorial protections in Japan with various parties, including with Peru, in 1873.[47] Most countries exercised extraterritorial jurisdiction through consular courts. Britain established the British Court for Japan in 1879.[citation needed]

In 1887, only 2,389 non-Chinese foreigners lived in Japan, with strict limitations on freedom of movement.[48] These limitations meant that foreigners in Japan were not able to commit crime with impunity, in contrast with China, where foreigners were granted the ability to travel to the interior after passporting.[48] Rather, it was in the context of the Japanese state's desire to eliminate all competing jurisdictions and calls for legal reform based on the models of those jurisdictions that Japan's government desired to abolish foreign courts.[49]

Having convinced the Western powers that its legal system was "sufficiently modern",[28] Japan succeeded in reforming its unequal status with Britain through the 1894 Anglo-Japanese Treaty of Commerce and Navigation, in which London would relinquish its Japanese extraterritorial rights within five years.[50] Similar treaties were signed with other extraterritorial powers around the same time. These treaties all came into effect in 1899, ending extraterritoriality in Japan.[51][50]

After the Allied victory in 1945, the Mutual Security Assistance Pact, and its successor treaties, between the United States, to the modern day, grant US military personnel on American bases in Okinawa extraterritorial privileges.[5]

Siam

King Mongkut (Rama IV) of Siam signed the Bowring Treaty granting extraterritorial rights to Britain in 1855. Sir Robert Hermann Schomburgk, British Consul-General from 1859 to 1864, gives an account of his judicial training and responsibilities in a letter to his cousin dated 6 September 1860.[52] Unequal treaties were later signed with 12 other European powers and with Japan. Extraterritoriality came to end in 1917 with respect to the German Empire and Austria-Hungary.[citation needed]

In 1925–1926, the treaties were revised to provide for consular jurisdiction to be terminated, and nationals of the parties to the treaty were to come under the jurisdiction of Thai courts after the introduction of all Thai legal codes and a period of 5 years thereafter.[53] By 1930, extraterritoriality was in effect no longer in force.[54] After absolute monarchy was replaced by constitutional monarchy in the bloodless Siamese revolution of 1932, the constitutional government promulgated a set of legal codes, setting the stage for new treaties signed in 1937–1938 which canceled extraterritorial rights completely.[55]

Elimination of extraterritoriality with respect to Siam
Abolished in 1909 Abolished in 1917 Abolished in 1937–38
  United Kingdom   Germany
  Austria-Hungary
  Switzerland
  Belgium
  Luxembourg
  Denmark
  Sweden
  United States
  Norway
  Italy
  France
  Japan
  Netherlands
  Portugal

Current examples

Contrary to popular belief, diplomatic missions do not generally enjoy full extraterritorial status and are not sovereign territory of the represented state.[56]

Countries ceding some control but not sovereignty

Countries which have ceded some control over their territory (for example, the right to enter at will for law enforcement purposes) without ceding sovereignty include:

Transfers of ownership of land

Special concessions are sometimes made for cemeteries and memorials. National governments can also own property or special concessions in other host countries without gaining any sort of legal jurisdiction or sovereignty, in which case they are treated similarly to other private property owners. For example, ownership of land under the John F. Kennedy Memorial at Runnymede, England, was given to the United States by the United Kingdom, but required an Act of Parliament (the John F. Kennedy Memorial Act 1964) to do so, because the land was part of the Crown Estate, which cannot otherwise be given away for free.[64] Another example of these types of special concessions are the numerous cemeteries and monuments administered by the American Battle Monuments Commission. These are located in Belgium, Cuba, France, Gibraltar, Italy, Luxembourg, Mexico, Morocco, the Netherlands, Panama, Papua New Guinea, the Philippines, the Solomon Islands, Tunisia, and the United Kingdom.[65] The most popular site among these is the Normandy American Cemetery and Memorial in France. Land under the Canadian National Vimy Memorial and surrounding 100 hectares was gifted by France to Canada.

A similar case is the French domains of St Helena: the Government of France bought land property on St. Helena island to commemorate the exile of Napoleon Bonaparte there.

Internal cases

Internal cases (both parties are part of the same unitary sovereign state but have different border control and legal systems):

See also

References

  1. ^ a b Cassel 2012, p. 9.
  2. ^ a b c d Cassel 2012, p. 182.
  3. ^ Cassel 2012, pp. 182–183.
  4. ^ Government of Canada, Foreign Affairs (16 November 2012). "Child Sex Tourism : It's a Crime". Travel.gc.ca.
  5. ^ a b c Cassel 2012, p. 183.
  6. ^ Jules Davids, and Jonathan M. Nielson, "Extraterritoriality." in Encyclopedia of American Foreign Policy ed. by Alexander DeConde et al. (2002) 2:81.
  7. ^ a b Cassel 2012, p. 12.
  8. ^ Curley, T. M. (2011). "Legal Imperialism: Sovereignty and Extraterritoriality in Japan, the Ottoman Empire, and China". Journal of Politics. 73 (2): 622–624. doi:10.1017/S0022381611000235.
  9. ^ "Allied Forces Ordinance, 1942". Ordinance No. LVI of 26 October 1942 (PDF). (PDF). Archived from the original (PDF) on 4 March 2016. Retrieved 28 February 2015.{{cite web}}: CS1 maint: archived copy as title (link)
  10. ^ "Allied Forces (United States of America) Ordinance, 1942". Ordinance No. LVII of 26 October 1942 (PDF). (PDF). Archived from the original (PDF) on 4 March 2016. Retrieved 28 February 2015.{{cite web}}: CS1 maint: archived copy as title (link)
  11. ^ Jules Davids, and Jonathan M. Nielson, "Extraterritoriality." in Encyclopedia of American Foreign Policy ed. by Alexander DeConde et al. (2002) 2:81–92.
  12. ^ Glenn R. Schmitt, "Closing the Gap in Criminal Jurisdiction over Civilians Accompanying the Armed Forces Abroad-A First Person Account of the Creation of the Military Extraterritorial Jurisdiction Act of 2000." Catholic University Law Review 51 (2001): 55–134 online.
  13. ^ R. Chuck Mason, Status of Forces Agreement: What Is It, and How Has it Been Utilized? (Congressional Research Service, 2009) online.
  14. ^ Cassel, Pär (2004). "Excavating Extraterritoriality: The "Judicial Sub-Prefect" as a Prototype for the Mixed Court in Shanghai". Late Imperial China. 24 (2): 156–82. doi:10.1353/late.2004.0003. S2CID 144313731.
  15. ^ Cassel 2012, p. 8.
  16. ^ a b Thai, Philip (May 2015). "Grounds of Judgment: Extraterritoriality and Imperial Power in Nineteenth-Century China and Japan. By Pär Kristoffer Cassel. Oxford: Oxford University Press, 2012. xi, 260 pp. $41.95 (cloth)". The Journal of Asian Studies. 74 (2): 459–460. doi:10.1017/S0021911815000133. ISSN 0021-9118.
  17. ^ a b Cassel 2012, p. 43.
  18. ^ Cassel 2012, p. 47.
  19. ^ Cassel 2012, p. 51.
  20. ^ a b Cassel 2012, p. 52.
  21. ^ Cassel 2012, p. 60.
  22. ^ a b c Cassel 2012, p. 53.
  23. ^ Cassel 2012, p. 54.
  24. ^ Cassel 2012, pp. 60–61.
  25. ^ Cassel 2012, pp. 61–62.
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  27. ^ Kim, Marie Seong-Hak (29 November 2013). "Grounds of Judgment: Extraterritoriality and Imperial Power in Nineteenth-Century China and Japan by Pär Kristoffer Cassel (review)". Harvard Journal of Asiatic Studies. 73 (2): 382–392. doi:10.1353/jas.2013.0022. ISSN 1944-6454. S2CID 191484811.
  28. ^ a b Cassel 2012, p. 13.
  29. ^ Cassel 2012, p. 63.
  30. ^ Helmick, Milton J. (12 September 1945). "United States Court for China". Far Eastern Survey. Institute of Pacific Relations. 14 (18): 252–255. doi:10.2307/3021415. JSTOR 3021415.
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  32. ^ Cassel 2012, p. 65.
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  34. ^ Cassel 2012, p. 162.
  35. ^ a b Cassel 2012, p. 177.
  36. ^ Stephens, Thomas B. (1992). Order and Discipline in China: The Shanghai Mixed Court, 1911-27. University of Washington Press. ISBN 0-295-97123-1. Retrieved 23 January 2014.
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  38. ^ C. G. Fenwick, "The Nine Power Treaty and the Present Crisis in China." American Journal of International Law 31.4 (1937): 671-674. online
  39. ^ "Resolution Regarding Extraterritoriality in China" (PDF). Library of Congress. US Government Printing Office. Retrieved 12 February 2018.
  40. ^ "Report of the Commission on Extraterritoriality in China, Peking, September 16, 1926". Hathi Trust Digital Library. Commission on Extraterritoriality in China. Retrieved 12 February 2018.
  41. ^ Bruce A. Elleman, "The End of Extraterritoriality in China: The Case of the Soviet Union, 1917-1960." Republican China 21.2 (1996): 65-89.
  42. ^ Wan, Ching-Chun (July 1937). "China Still Waits the End of Extraterritoriality". Foreign Affairs. Council on Foreign Relations.
  43. ^ Clyde Eagleton, and Frederick S. Dunn, “Responsibility for Damages to Persons and Property of Aliens in Undeclared War.” Proceedings of the American Society of International Law at Its Annual Meeting vol. 32, 1938, pp. 127–146. online
  44. ^ K. Chan Chan, "The Abrogation of British Extraterritoriality in China 1942-43: A Study of Anglo-American-Chinese Relations." Modern Asian Studies 11.2 (1977): 257-291 online.
  45. ^ Cassel 2012, p. 179.
  46. ^ Duus, Peter (1998). Modern Japan, Second Ed. New York: Houghton Mifflin Company.
  47. ^ Cassel 2012, p. 157.
  48. ^ a b Cassel 2012, p. 150.
  49. ^ Cassel 2012, pp. 150–151.
  50. ^ a b Cassel 2012, p. 160.
  51. ^ Jones, F.C. (1931). Extraterritoriality in Japan. Yale University Press. p. 158.
  52. ^ Guehler, Ulrich (1949). "A Letter Written by Sir Robert H. Schomburgk H.B.M.'s Consul in Bangkok in 1860" (PDF). Journal of the Siam Society. Siam Society. 37.2f (digital): images 3–4. Retrieved 30 November 2013. Translation of a letter written in German by Sir Robert H. Schomburgk ... sheds a light on living conditions in Siam at the time, especially so on the life at the British Consulate.
  53. ^ "The Elimination of Extraterritoriality". Ministry of Foreign Affairs (Thailand). Retrieved 25 January 2014.
  54. ^ Eric Lawson (former Commissioner of Police, Bangkok), "Extra-Territoriality as viewed by a police officer", The Police Journal, 3:1, 1930
  55. ^ "Complete Independence". Ministry of Foreign Affairs (Thailand). Retrieved 25 January 2014.
  56. ^ "Laws and Rules Regarding Extraterritoriality". Integrity Legal Blog. Integrity Legal. 14 July 2009. Retrieved 6 July 2016.
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  59. ^ "自衛隊派遣支える「地位協定」 ジブチの法令適用されず". 日本経済新聞 (in Japanese). 29 January 2020. Retrieved 9 March 2022.
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  61. ^ "Agreement between the Russian Federation and the Syrian Arab Republic on the deployment of an aviation group of the Armed Forces of the Russian Federation on the territory of the Syrian Arab Republic (Russian)". docs.cntd.ru.
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  63. ^ "Il Giornale dell'Arte". www.ilgiornaledellarte.com. Retrieved 16 September 2020.
  64. ^ Evans, D. M. Emrys (1965). "John F. Kennedy Memorial Act, 1964". The Modern Law Review. 28 (6): 703–706. http://hansard.millbanksystems.com/lords/1964/jul/28/john-f-kennedy-memorial-bill
  65. ^ "American Battle Monuments Commission". Retrieved 13 March 2013.
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  68. ^ "New Hengqin border checkpoint opens for public use | Macau Business". 18 August 2020.

Further reading

  • Bickers, Robert, and Isabella Jackson, eds. Treaty Ports in Modern China: Law, Land and Power (Routledge, 2016).
  • Cassel, Pär (2012). Grounds of Judgment. New York: Oxford UP. ISBN 978-0-19-979205-4.
  • Chan, K. Chan. "The Abrogation of British Extraterritoriality in China 1942-43: A Study of Anglo-American-Chinese Relations." Modern Asian Studies 11.2 (1977): 257-291 online.
  • Clark, Douglas (2015). Gunboat Justice: British and American Law Courts in China and Japan (1842-1943). Hong Kong: Earnshaw Books., Vol. 1: ISBN 978-988-82730-8-9; Vol. 2: ISBN 978-988-82730-9-6; Vol. 3: ISBN 978-988-82731-9-5
  • Davids, Jules, and Jonathan M. Nielson. "Extraterritoriality." in Encyclopedia of American Foreign Policy ed. by Alexander DeConde et al. (2002) 2:81–92.
  • “Developments in the Law: Extraterritoriality.” Harvard Law Review, vol. 124, no. 5, 2011, pp. 1226–1304. www.jstor.org/stable/25800158 online
  • Fenwick, C. G. "The Nine Power Treaty and the Present Crisis in China." American Journal of International Law 31.4 (1937): 671-674. online
  • Kayaoglu, Turan. Legal imperialism: sovereignty and extraterritoriality in Japan, the Ottoman Empire, and China (Cambridge UP, 2010).
  • Keeton, George W. The development of extraterritoriality in China (2 vol 1928). comprehensive on China and briefer coverage across the world in vol 2 pp 155–172. vol 2 online
  • Liu, Shih Shun. Extraterritoriality, Its Rise and Its Decline (1925) online; comprehensive scholarly history in global history perspective.
  • Scully, Eileen P. "Historical Wrongs and Human Rights in Sino-Foreign Relations: The Legacy of Extraterritoriality." Journal of American-East Asian Relations 9.1-2 (2000): 129-146.
  • Thomson, Janice E. Mercenaries, Pirates, and Sovereigns: State-Building and Extraterritorial Violence in Early Modern Europe (Princeton UP, 1994) online

External links

  • The Extraterritorial Voting Rights and Restrictions Dataset (1950–2020)
  • Columbia Encyclopedia
  • Report of the Extraterritoriality Commission in China (1926)
  • Frelinghuysen, Frederick T. (29 April 1882). Extraterritoriality: A Letter from the Secretary of State to the Chairman of the Senate Committee on Foreign Relations concerning the judicial exercise of extraterritorial rights conferred upon the United States. Washington, DC: Government Printing Office.
  • Law Ministry of India 4 March 2016 at the Wayback Machine

extraterritoriality, also, extraterritorial, jurisdiction, international, zone, international, extraterritoriality, state, being, exempted, from, jurisdiction, local, usually, result, diplomatic, negotiations, historically, this, primarily, applied, individual. See also Extraterritorial jurisdiction and International zone In international law extraterritoriality is the state of being exempted from the jurisdiction of local law usually as the result of diplomatic negotiations Historically this primarily applied to individuals as jurisdiction was usually claimed on peoples rather than on lands 1 Extraterritoriality can also be partly applied to physical places such as the immunity granted to diplomatic missions 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 and government the persons and belongings of ambassadors and other diplomats and ships in international waters Contents 1 Forms 2 Historical cases 2 1 14th century 2 2 Ottoman Empire 2 3 British India 2 4 United States 2 5 East Asia 2 5 1 China 2 5 1 1 International Mixed Court 2 5 1 2 End of extraterritoriality in China 2 5 1 3 Legacy 2 5 2 Japan 2 5 3 Siam 3 Current examples 3 1 Countries ceding some control but not sovereignty 3 2 Transfers of ownership of land 3 3 Internal cases 4 See also 5 References 6 Further reading 7 External linksForms EditIn the past pre modern states generally claimed sovereignty over persons creating something known as personal jurisdiction 1 As people move between borders this led in the framework of a territorial jurisdiction to certain persons being under the laws of countries in which they did not reside Extraterritoriality in this sense emerges from the interaction of these two conceptions of jurisdiction personal and territorial when laws are applied based on who a person is rather than where they are Extraterritoriality can now take various forms Most famous are examples of diplomatic extraterritoriality where diplomats and their belongings do not operate under the laws of their host nations but rather under the laws of the diplomat s nation Similarly many nations claim the right to prosecute foreign combatants and violators of human rights under doctrines of universal jurisdiction irrespective of the nationality of those persons or the place in which the alleged crimes occurred 2 This extends to domestic criminal codes as well for example the People s Republic of China claims the right to prosecute Chinese citizens for crimes committed abroad 3 and Canada will prosecute sexual abuse of minors by a Canadian anywhere in the world 4 In some military and commercial agreements nations cede legal jurisdiction for foreign bases or ports to other countries For example Japan cedes jurisdiction over American military bases on its soil in Okinawa to US military tribunals pursuant to a bilateral status of forces agreement 5 In maritime law a ship in international waters is governed by the laws of the jurisdiction in which that ship is registered This can be conceived of as a form of extraterritoriality where a nation s jurisdiction extends beyond its border Historical cases Edit14th century Edit During the 13th and 14th centuries the Italian sea republics of Genoa Venice and Pisa obtained extraterritoriality for their merchants who operated in designated quarters Pera and Galata in the Byzantine capital Constantinople as well as in Egypt and the Barbary states 6 Ottoman Empire Edit A series of capitulations were made in the form of treaties between the Sublime Porte and Western nations from the sixteenth through the early nineteenth centuries 7 The legal impenetrability of the Ottoman legal code created during the Tanzimat era began to weaken continuously through the spread of European empires and the prevalence of legal positivism The laws and regulations created for Ottoman subjects to abide by often did not apply to European nationals conducting business and trade in the provinces of the empire and thus various capitulations were brought into effect with respect to many foreign powers The various overlapping governmental laws led to legal pluralism in which jurisdiction often was left up to the great powers to institute and organize their own legal structures to represent their citizens abroad 8 The capitulations ceased to have effect in Turkey in 1923 by virtue of the Treaty of Lausanne and in Egypt they were abolished by the Montreux Convention in 1949 British India Edit During the Second World War the military personnel of the Allied forces within the British Raj were governed by their own military codes by the Allied Forces Ordinance 1942 9 and the members of the United States Armed Forces were entirely governed by their own laws even in criminal cases 10 United States Edit Historically the United States has had extraterritoriality agreements with 15 nations with non Western legal systems Algeria Borneo China Egypt Iran Japan Korea Libya Madagascar Morocco Samoa Tanzania Thailand Tunisia and the Ottoman Empire 11 Americans in the military or civilians working on American military bases overseas generally have extraterritoriality so they can only be tried by the U S military This is regulated by a status of forces agreement 12 13 East Asia Edit The most famous cases of extraterritoriality in East Asia are those of 19th century China Japan and Siam emerging from what is termed the unequal treaties The practice of extraterritoriality however was not confined to the 19th century or these nations 14 as the monarchs and governments of pre modern East Asia primarily claimed sovereignty over people rather than tracts of land 15 China Edit A hearing of the International Mixed Court at Shanghai c 1905 The creation of extraterritoriality for treaty nations was not introduced into East Asia ex novo but built atop a long standing legal edifice 16 Jurisdiction in Qing China with differential treatment for Han and Manchu subjects was not determined by geography but rather by the identity of the subjects 16 For example the ruling Manchu elite possessed legal privileges which placed them outside the jurisdiction of local ethnically Chinese administrators 7 Before the 1842 Treaty of Nanking which ended the First Opium War foreign merchants were not satisfied with the state of the Qing legal system British merchants were suspicious of what they regarded as a tendency in the Qing legal order to impose collective responsibility they were also resentful of the Qing practice of meting out capital punishment in cases of accidental manslaughter 17 After the Lady Hughes Affair a controversial 1784 case where a British gunner was executed for killing two Chinese subjects East India Company officials generally spirited away Britons before Qing officials could react 17 Grants of extraterritoriality were regular in China In the 1830s when the Qing government concluded a treaty with the Uzbek khanate of Khoqand it granted extraterritorial privileges to its traders And in dealing with foreign merchants through the centuries the Qing government rarely attempted to impose jurisdiction based on territorial sovereignty instead entrusting the punishment of foreigners to the respective authority in practically all cases except homicide 18 At the negotiations of the Treaty of Nanjing Qing negotiators readily extended a grant of extraterritoriality Cassel writes the imperial commissioner and Manchu nobleman Qiying readily conceded extraterritorial privileges to the British in an exchange of notes with Pottinger the British plenipotentiary at the time of the conclusion of the treaty 19 This was in line with Qing practices at the time where sovereignty was held by peoples rather than imposed on lands 20 A more formal declaration of extraterritoriality was concluded in the 1843 Supplementary Treaty of the Bogue which established that Britons were to be punished according to English law and Chinese were to be tried and punished by their own laws 20 These provisions only applied to the treaty ports since foreigners were barred from entering the Chinese interior 21 Under imperial edict earlier in the year these privileges were extended to most western countries Other nations wanted reassurances and guarantees For example the United States negotiated the 1844 Treaty of Wanghia which stated in article 21 Subjects of China who may be guilty of any criminal act towards citizens of the United States shall be arrested and punished by the Chinese authorities according to the laws of China and citizens of the United states who may commit any crime in China shall be subject to be tried and punished only by the Consul or other public functionary of the United States thereto authorised according to the laws of the United States 22 The Wanghia treaty included an exception for American trading in opium and also subjected American ships trading outside treaty ports to confiscation by the Chinese government in articles 33 and 3 22 Similarly the French also pursued protections in the Treaty of Huangpu which further introduced a distinction between criminal and civil jurisdiction non existent in Qing dynasty law and gave Frenchmen the full protections of Chinese law outside concessionary areas 23 The 1858 Sino British Treaty of Tientsin which ended the Second Opium War expanded the rights of western visitors They were permitted to enter the Chinese interior after passporting However extraterritorial rights were not extended outside the treaty ports 24 Similar rights were granted to the interested western powers due to the most favoured nation clause all privileges the Qing empire granted to one power were automatically granted to the others In 1868 when the Tientsin treaties were renegotiated British merchants clamoured to lift the travel restrictions on the Chinese interior The Qing position was adamantly opposed unless extraterritoriality was also abolished No compromise was reached and the Qing government was successful in preventing foreigners from visiting the Chinese interior with extraterritorial privileges 25 Extraterritorial rights were not limited to Western nations Under the 1871 Sino Japanese Treaty of Tientsin Japan and China granted each other reciprocal extraterritorial rights 26 China itself imposed reciprocal extraterritoriality rights for its own citizens in Joseon Korea 27 26 However in 1895 under the Treaty of Shimonoseki after the First Sino Japanese War China gave up its extraterritorial rights in Japan without reciprocity 28 International Mixed Court Edit By far the most important of the treaty ports established after 1842 was Shanghai where the vague extraterritoriality provisions of the various treaties were most sophisticatedly implemented The two main courts judging extraterritorial cases were the Shanghai Mixed Court and the British Supreme Court for China 29 Similar courts were established for treaty countries e g the United States Court for China 30 These had jurisdiction over the concession areas which formally remained under Qing sovereignty 31 Initially Chinese people who committed crimes in say the British zone were remanded to Chinese authorities 32 End of extraterritoriality in China Edit By the early 20th century some Western powers were willing to relinquish extraterritorial rights given Chinese legal reform 33 For example the 1902 Sino British Mackay treaty s article 12 read China having expressed a strong desire to reform her judicial system Great Britain will be pretreated to relinquish her extra territorial rights when she is satisfied that the state of the Chinese laws the arrangement for her administration and other considerations warrant her in so doing 33 Qing law did not make a formal distinction between criminal and civil law 22 While efforts at legal reform were pursued in earnest in the last decade of the Qing dynasty 33 what was actually enacted failed to meaningfully address this lack of law regarding contracts trade or commerce 34 After the collapse of the Chinese government in 1911 and the ensuing administrative vacuum the Chinese members of the Mixed Court were subsequently appointed by the Western powers placing all inhabitants of the international settlement under de facto foreign jurisdiction 35 36 The success of the Northern Expedition in increasing the authority of the Chinese republic in the mid 1920s led to many governments giving up their more minor treaty ports without a fight 37 However the treaty powers were unwilling to give up Shanghai or their privileges within it which remained the most prominent economic centre and treaty port even as the others were disestablished It was only after a confrontation between Shanghai police and Nationalist demonstrators in 1925 that Chinese authorities refused to enforce the verdicts of the Mixed Court this led to its disestablishment in 1927 and replacement with a Chinese run local court 37 In 1921 at the Conference on the Limitation of Armament in Washington an international treaty called the Nine Power Treaty was signed expressing the willingness of the parties to end extraterritoriality in China once a satisfactory legal system was established by China 38 39 As a result a commission was established in 1926 that published a detailed report containing its findings and recommendations for the Chinese legal system 40 Extraterritoriality in China for non diplomatic personnel ended at various times in the 20th century Germany and Austria Hungary lost their rights in China in 1917 after China declared war on them 35 The Soviet Union Russia made secret agreements that kept its rights until 1960 although publicity falsely stated that it gave them up in 1924 41 In 1937 the status of the various foreign powers was thus 42 Status of extraterritoriality with respect to China 1937 Ceased to have effect No extraterritorial rights Will surrender privileges when all other powers do so Rights continued to have effect Germany Austria Hungary Hungary Spain Mexico lapsed in 1928 Bolivia Chile Czechoslovakia Finland Greece Iran Poland Turkey Cuba Uruguay Panama Bulgaria Belgium Italy Denmark Portugal Norway Sweden Switzerland Brazil France United Kingdom Japan Netherlands United States Soviet UnionIn 1929 the Nationalist government announced its goal of ending extraterritoriality Negotiations with Britain the main holder of such rights went slowly They ended with the Japanese invasion of 1937 as Japan seized Shanghai and the main treaty ports where extraterritoriality was in operation 43 When Britain and the United States went to war with Japan in late 1941 they became formal allies of China and made ending extraterritoriality an urgent goal The United States focused on protecting its immigration restrictions Britain sought and failed to secure guarantees for the freedom of its commerce Both the U S and Britain relinquished extraterritorial rights with new treaties in 1943 the Sino American Treaty for the Relinquishment of Extraterritorial Rights in China and the Sino British Treaty for the Relinquishment of Extra Territorial Rights in China Other countries quickly followed 44 45 Legacy Edit The legacy of this for jurisdictional control continues to the modern day Cassel writes extraterritoriality has left many policy makers in mainland China with a legacy of deeply felt suspicions toward international law international organisations and more recently human rights 2 With part of its legitimacy resting on claims to strengthening national sovereignty and territorial integrity the Constitution of the People s Republic of China explicitly states that foreigners must abide by PRC law 2 And the PRC government claims the right under article 10 of its criminal code to prosecute Chinese citizens for crimes against the criminal code which are committed abroad even if already punished for the crime 5 These emerge from significant claims of the importance of national sovereignty a reaction to its abridgement in the past where almost no nations emphasise the importance of their sovereignty more than China does today 2 Japan Edit 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 46 Various commercial treaties extended extraterritorial protections in Japan with various parties including with Peru in 1873 47 Most countries exercised extraterritorial jurisdiction through consular courts Britain established the British Court for Japan in 1879 citation needed In 1887 only 2 389 non Chinese foreigners lived in Japan with strict limitations on freedom of movement 48 These limitations meant that foreigners in Japan were not able to commit crime with impunity in contrast with China where foreigners were granted the ability to travel to the interior after passporting 48 Rather it was in the context of the Japanese state s desire to eliminate all competing jurisdictions and calls for legal reform based on the models of those jurisdictions that Japan s government desired to abolish foreign courts 49 Having convinced the Western powers that its legal system was sufficiently modern 28 Japan succeeded in reforming its unequal status with Britain through the 1894 Anglo Japanese Treaty of Commerce and Navigation in which London would relinquish its Japanese extraterritorial rights within five years 50 Similar treaties were signed with other extraterritorial powers around the same time These treaties all came into effect in 1899 ending extraterritoriality in Japan 51 50 After the Allied victory in 1945 the Mutual Security Assistance Pact and its successor treaties between the United States to the modern day grant US military personnel on American bases in Okinawa extraterritorial privileges 5 Siam Edit King Mongkut Rama IV of Siam signed the Bowring Treaty granting extraterritorial rights to Britain in 1855 Sir Robert Hermann Schomburgk British Consul General from 1859 to 1864 gives an account of his judicial training and responsibilities in a letter to his cousin dated 6 September 1860 52 Unequal treaties were later signed with 12 other European powers and with Japan Extraterritoriality came to end in 1917 with respect to the German Empire and Austria Hungary citation needed In 1925 1926 the treaties were revised to provide for consular jurisdiction to be terminated and nationals of the parties to the treaty were to come under the jurisdiction of Thai courts after the introduction of all Thai legal codes and a period of 5 years thereafter 53 By 1930 extraterritoriality was in effect no longer in force 54 After absolute monarchy was replaced by constitutional monarchy in the bloodless Siamese revolution of 1932 the constitutional government promulgated a set of legal codes setting the stage for new treaties signed in 1937 1938 which canceled extraterritorial rights completely 55 Elimination of extraterritoriality with respect to Siam Abolished in 1909 Abolished in 1917 Abolished in 1937 38 United Kingdom Germany Austria Hungary Switzerland Belgium Luxembourg Denmark Sweden United States Norway Italy France Japan Netherlands PortugalCurrent examples EditContrary to popular belief diplomatic missions do not generally enjoy full extraterritorial status and are not sovereign territory of the represented state 56 Countries ceding some control but not sovereignty Edit Countries which have ceded some control over their territory for example the right to enter at will for law enforcement purposes without ceding sovereignty include Extraterritorial properties of the Holy See in Italy Headquarters of the Sovereign Military Order of Malta in Rome Fort St Angelo in Malta 57 only partial the headquarters of the European Commission in Brussels Belgium as well as the building of the European Parliament there the seat of the European Parliament in Strasbourg France United Nations headquarters in New York United Nations offices in Geneva Vienna Bonn Nairobi The Hague International Court of Justice Hamburg International Tribunal for the Law of the Sea Copenhagen and elsewhere CERN European Organization for Nuclear Research for convenience some facilities that cross into France are under Swiss jurisdiction European Patent Office in Munich Berlin and The Hague International Maritime Organization Headquarters in London 58 Saimaa Canal is partly located in Russia but the Russian part is rented by Finland the Pays Quint is located on Spain soil but rented by France since a 1856 treaty U S Japan Status of Forces Agreement Japan Djibouti Status of Forces Agreement 59 60 SHAPE in Belgium Khmeimim Air Base in Syria is leased to the Russian Air Force for a period of 49 years with the Russian Federation having extraterritorial jurisdiction over the air base and its personnel 61 62 Tomb of Suleyman Shah of Turkey in Syria Various free ports exist outside the main customs territory of their host country The countries pavilions of Venice Biennale 63 Transfers of ownership of land Edit Special concessions are sometimes made for cemeteries and memorials National governments can also own property or special concessions in other host countries without gaining any sort of legal jurisdiction or sovereignty in which case they are treated similarly to other private property owners For example ownership of land under the John F Kennedy Memorial at Runnymede England was given to the United States by the United Kingdom but required an Act of Parliament the John F Kennedy Memorial Act 1964 to do so because the land was part of the Crown Estate which cannot otherwise be given away for free 64 Another example of these types of special concessions are the numerous cemeteries and monuments administered by the American Battle Monuments Commission These are located in Belgium Cuba France Gibraltar Italy Luxembourg Mexico Morocco the Netherlands Panama Papua New Guinea the Philippines the Solomon Islands Tunisia and the United Kingdom 65 The most popular site among these is the Normandy American Cemetery and Memorial in France Land under the Canadian National Vimy Memorial and surrounding 100 hectares was gifted by France to Canada A similar case is the French domains of St Helena the Government of France bought land property on St Helena island to commemorate the exile of Napoleon Bonaparte there Internal cases Edit Internal cases both parties are part of the same unitary sovereign state but have different border control and legal systems Shenzhen Bay Port in Shenzhen Guangdong where an area in a port is leased by Shenzhen to the Hong Kong Special Administrative Region and Hong Kong law applies Although both jurisdictions Shenzhen and Hong Kong are in the same country Hong Kong maintains a common law legal system different from the civil law system in Mainland China Hong Kong law now applies in the port area 66 Hengqin Campus of University of Macau in Zhuhai Guangdong administered by Macau SAR in a situation similar to above 67 Macau half of Hengqin Border Crossing adjacent to above 68 See also EditAkmal Shaikh Antarctic Treaty System Basilica Major British Supreme Court for China and Japan British Court for Japan Demilitarized zone Diplomatic immunity Embassy church Enclave and exclave EuroAirport Basel Mulhouse Freiburg Extraterritorial jurisdiction Extraterritorial operation Harris Treaty Imperialism in Asia International waters International zone Law of the Sea Moon Treaty Neutral territory Outer Space Treaty Prerogative Rasul v Bush Status of forces agreement Terra nullius U S Japan Status of Forces Agreement United Nations Headquarters List of territories governed by the United NationsReferences Edit a b Cassel 2012 p 9 a b c d Cassel 2012 p 182 Cassel 2012 pp 182 183 Government of Canada Foreign Affairs 16 November 2012 Child Sex Tourism It s a Crime Travel gc ca a b c Cassel 2012 p 183 Jules Davids and Jonathan M Nielson Extraterritoriality in Encyclopedia of American Foreign Policy ed by Alexander DeConde et al 2002 2 81 a b Cassel 2012 p 12 Curley T M 2011 Legal Imperialism Sovereignty and Extraterritoriality in Japan the Ottoman Empire and China Journal of Politics 73 2 622 624 doi 10 1017 S0022381611000235 Allied Forces Ordinance 1942 Ordinance No LVI of 26 October 1942 PDF Archived copy PDF Archived from the original PDF on 4 March 2016 Retrieved 28 February 2015 a href Template Cite web html title Template Cite web cite web a CS1 maint archived copy as title link Allied Forces United States of America Ordinance 1942 Ordinance No LVII of 26 October 1942 PDF Archived copy PDF Archived from the original PDF on 4 March 2016 Retrieved 28 February 2015 a href Template Cite web html title Template Cite web cite web a CS1 maint archived copy as title link Jules Davids and Jonathan M Nielson Extraterritoriality in Encyclopedia of American Foreign Policy ed by Alexander DeConde et al 2002 2 81 92 Glenn R Schmitt Closing the Gap in Criminal Jurisdiction over Civilians Accompanying the Armed Forces Abroad A First Person Account of the Creation of the Military Extraterritorial Jurisdiction Act of 2000 Catholic University Law Review 51 2001 55 134 online R Chuck Mason Status of Forces Agreement What Is It and How Has it Been Utilized Congressional Research Service 2009 online Cassel Par 2004 Excavating Extraterritoriality The Judicial Sub Prefect as a Prototype for the Mixed Court in Shanghai Late Imperial China 24 2 156 82 doi 10 1353 late 2004 0003 S2CID 144313731 Cassel 2012 p 8 a b Thai Philip May 2015 Grounds of Judgment Extraterritoriality and Imperial Power in Nineteenth Century China and Japan By Par Kristoffer Cassel Oxford Oxford University Press 2012 xi 260 pp 41 95 cloth The Journal of Asian Studies 74 2 459 460 doi 10 1017 S0021911815000133 ISSN 0021 9118 a b Cassel 2012 p 43 Cassel 2012 p 47 Cassel 2012 p 51 a b Cassel 2012 p 52 Cassel 2012 p 60 a b c Cassel 2012 p 53 Cassel 2012 p 54 Cassel 2012 pp 60 61 Cassel 2012 pp 61 62 a b Cassel 2012 p 84 Kim Marie Seong Hak 29 November 2013 Grounds of Judgment Extraterritoriality and Imperial Power in Nineteenth Century China and Japan by Par Kristoffer Cassel review Harvard Journal of Asiatic Studies 73 2 382 392 doi 10 1353 jas 2013 0022 ISSN 1944 6454 S2CID 191484811 a b Cassel 2012 p 13 Cassel 2012 p 63 Helmick Milton J 12 September 1945 United States Court for China Far Eastern Survey Institute of Pacific Relations 14 18 252 255 doi 10 2307 3021415 JSTOR 3021415 Cassel 2012 p 64 Cassel 2012 p 65 a b c Cassel 2012 p 175 Cassel 2012 p 162 a b Cassel 2012 p 177 Stephens Thomas B 1992 Order and Discipline in China The Shanghai Mixed Court 1911 27 University of Washington Press ISBN 0 295 97123 1 Retrieved 23 January 2014 a b Cassel 2012 p 178 C G Fenwick The Nine Power Treaty and the Present Crisis in China American Journal of International Law 31 4 1937 671 674 online Resolution Regarding Extraterritoriality in China PDF Library of Congress US Government Printing Office Retrieved 12 February 2018 Report of the Commission on Extraterritoriality in China Peking September 16 1926 Hathi Trust Digital Library Commission on Extraterritoriality in China Retrieved 12 February 2018 Bruce A Elleman The End of Extraterritoriality in China The Case of the Soviet Union 1917 1960 Republican China 21 2 1996 65 89 Wan Ching Chun July 1937 China Still Waits the End of Extraterritoriality Foreign Affairs Council on Foreign Relations Clyde Eagleton and Frederick S Dunn Responsibility for Damages to Persons and Property of Aliens in Undeclared War Proceedings of the American Society of International Law at Its Annual Meeting vol 32 1938 pp 127 146 online K Chan Chan The Abrogation of British Extraterritoriality in China 1942 43 A Study of Anglo American Chinese Relations Modern Asian Studies 11 2 1977 257 291 online Cassel 2012 p 179 Duus Peter 1998 Modern Japan Second Ed New York Houghton Mifflin Company Cassel 2012 p 157 a b Cassel 2012 p 150 Cassel 2012 pp 150 151 a b Cassel 2012 p 160 Jones F C 1931 Extraterritoriality in Japan Yale University Press p 158 Guehler Ulrich 1949 A Letter Written by Sir Robert H Schomburgk H B M s Consul in Bangkok in 1860 PDF Journal of the Siam Society Siam Society 37 2f digital images 3 4 Retrieved 30 November 2013 Translation of a letter written in German by Sir Robert H Schomburgk sheds a light on living conditions in Siam at the time especially so on the life at the British Consulate The Elimination of Extraterritoriality Ministry of Foreign Affairs Thailand Retrieved 25 January 2014 Eric Lawson former Commissioner of Police Bangkok Extra Territoriality as viewed by a police officer The Police Journal 3 1 1930 Complete Independence Ministry of Foreign Affairs Thailand Retrieved 25 January 2014 Laws and Rules Regarding Extraterritoriality Integrity Legal Blog Integrity Legal 14 July 2009 Retrieved 6 July 2016 After Two Centuries The Order of Malta Flag Flies Over Fort St Angelo Beside The Maltese Flag Archived from the original on 20 October 2013 Retrieved 19 July 2015 Statutory Instrument 2002 1826 The International Maritime Organisation Immunities and Privileges Order 2002 PDF The Stationery Office Limited 16 July 2002 Retrieved 10 December 2010 自衛隊派遣支える 地位協定 ジブチの法令適用されず 日本経済新聞 in Japanese 29 January 2020 Retrieved 9 March 2022 志葉玲 6 March 2019 日本は 自衛隊が駐留するジブチに 占領軍 のような不平等協定を強いている 日刊SPA in Japanese Retrieved 9 March 2022 Agreement between the Russian Federation and the Syrian Arab Republic on the deployment of an aviation group of the Armed Forces of the Russian Federation on the territory of the Syrian Arab Republic Russian docs cntd ru Alexey Vasiliev 19 March 2018 Russia s Middle East Policy Taylor amp Francis pp 511 ISBN 978 1 351 34886 7 Il Giornale dell Arte www ilgiornaledellarte com Retrieved 16 September 2020 Evans D M Emrys 1965 John F Kennedy Memorial Act 1964 The Modern Law Review 28 6 703 706 http hansard millbanksystems com lords 1964 jul 28 john f kennedy memorial bill American Battle Monuments Commission Retrieved 13 March 2013 Shenzhen Bay Port Hong Kong Port Area Ordinance www hklii hk University of Macau webpage Archived from the original on 15 August 2020 Retrieved 15 December 2020 New Hengqin border checkpoint opens for public use Macau Business 18 August 2020 Further reading EditBickers Robert and Isabella Jackson eds Treaty Ports in Modern China Law Land and Power Routledge 2016 Cassel Par 2012 Grounds of Judgment New York Oxford UP ISBN 978 0 19 979205 4 Chan K Chan The Abrogation of British Extraterritoriality in China 1942 43 A Study of Anglo American Chinese Relations Modern Asian Studies 11 2 1977 257 291 online Clark Douglas 2015 Gunboat Justice British and American Law Courts in China and Japan 1842 1943 Hong Kong Earnshaw Books Vol 1 ISBN 978 988 82730 8 9 Vol 2 ISBN 978 988 82730 9 6 Vol 3 ISBN 978 988 82731 9 5 Davids Jules and Jonathan M Nielson Extraterritoriality in Encyclopedia of American Foreign Policy ed by Alexander DeConde et al 2002 2 81 92 Developments in the Law Extraterritoriality Harvard Law Review vol 124 no 5 2011 pp 1226 1304 www jstor org stable 25800158 online Fenwick C G The Nine Power Treaty and the Present Crisis in China American Journal of International Law 31 4 1937 671 674 online Kayaoglu Turan Legal imperialism sovereignty and extraterritoriality in Japan the Ottoman Empire and China Cambridge UP 2010 Keeton George W The development of extraterritoriality in China 2 vol 1928 comprehensive on China and briefer coverage across the world in vol 2 pp 155 172 vol 2 online Liu Shih Shun Extraterritoriality Its Rise and Its Decline 1925 online comprehensive scholarly history in global history perspective Scully Eileen P Historical Wrongs and Human Rights in Sino Foreign Relations The Legacy of Extraterritoriality Journal of American East Asian Relations 9 1 2 2000 129 146 Thomson Janice E Mercenaries Pirates and Sovereigns State Building and Extraterritorial Violence in Early Modern Europe Princeton UP 1994 onlineExternal links Edit Wikisource has the text of the 1905 New International Encyclopedia article Extraterritoriality Wikisource has the text of the 1911 Encyclopaedia Britannica article Exterritoriality The Extraterritorial Voting Rights and Restrictions Dataset 1950 2020 Columbia Encyclopedia Extraterritoriality Report of the Extraterritoriality Commission in China 1926 Frelinghuysen Frederick T 29 April 1882 Extraterritoriality A Letter from the Secretary of State to the Chairman of the Senate Committee on Foreign Relations concerning the judicial exercise of extraterritorial rights conferred upon the United States Washington DC Government Printing Office Law Ministry of India Archived 4 March 2016 at the Wayback Machine Retrieved from https en wikipedia org w index php title Extraterritoriality amp oldid 1122312976, wikipedia, wiki, book, books, library,

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