extraterritoriality

ex·tra·ter·ri·to·ri·al·i·ty

E0302700 (ĕk′strə-tĕr′ĭ-tôr′ē-ăl′ĭ-tē)n.1. The operation of the law of a state or country outside of its physical boundaries.2. Exemption from local legal jurisdiction, such as that granted to foreign diplomats.

extraterritoriality

(ˌɛkstrəˌtɛrɪˌtɔːrɪˈælɪtɪ) or

extrality

n1. (Government, Politics & Diplomacy) the privilege granted to some aliens, esp diplomats, of being exempt from the jurisdiction of the state in which they reside2. (Government, Politics & Diplomacy) the right or privilege of a state to exercise authority in certain circumstances beyond the limits of its territory

ex•tra•ter•ri•to•ri•al•i•ty

(ˈɛk strəˌtɛr ɪˌtɔr iˈæl ɪ ti, -ˌtoʊr-)

n. immunity from the jurisdiction of a nation, as granted to foreign diplomats.

Translations

exterritorialitéextraterritorialité

extraterritoriality

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.
..... Click the link for more information. 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.

Extraterritoriality

The operation of laws upon persons existing beyond the limits of the enacting state or nation but who are still amenable to its laws. Jurisdiction exercised by a nation in other countries by treaty, or by its own ministers or consuls in foreign lands.

In International Law, extraterritoriality exempts certain diplomatic agencies and persons operating in a foreign country from the jurisdiction of the host country. Instead, the agency or individual remains accountable to the laws of the native country. The effects of extraterritoriality extend to troops in passage, passengers on war vessels, individuals on mission premises, and other agencies and persons.

The concept of extraterritoriality stems from the writings of French legal theorist and jurist Pierre Ayraut (1536–1601), who proposed the theory that certain persons and things, while within the territory of a foreign sovereign, remained outside the reach of local judicial process. Classical writers such as Hugo Grotius (1583–1645) and Samuel von Pufendorf (1632–94) gave Ayraut's ideas greater circulation. In 1788, the multilingual translation of Georg Friederich von Martens's Summary of the Law of Nations put the actual word extraterritoriality into the international vocabulary.

Extraterritoriality for ambassadors and other diplomatic representatives gained widespread acceptance during the reign of Queen Anne of Great Britain (1665–1714). In this period, British officials arrested a Russian ambassador who had run up substantial debt to the British government. An international incident ensued as Russian officials and others throughout the world objected to Britain's disregard for the diplomat's Immunity. Because of the outcry, Britain passed the Act Preserving the Privileges of Ambassadors in 1708. Other nations followed Britain's example, and the United States enacted an essentially identical statute in 1790.

In the modern world, the United Nations has held a key position in upholding extraterritorial law. In a 1961 agreement made in Vienna, the U.N. Conference on Diplomatic Intercourse and Immunities extended exemption from the laws of host countries to the staff and family of Diplomatic Agents. In addition, officials of the United Nations and the members of the delegations of its member states receive extensive procedural, fiscal, and other immunities from the jurisdiction of the host country. Separate and special arrangements govern the United States and Switzerland because the United States hosts the U.N. headquarters and Switzerland has U.N. offices in Geneva.

The general laws binding nations to extraterritorial agreements still rest on principle more than established order. The modern, global marketplace has put an additional dimension into extraterritoriality. The United States has consistently held that unless international jurisdiction conflicts are managed or mitigated, they have the potential to interfere seriously with the smooth functioning of international economic relations. The United States has therefore declared that it cannot disclaim its authority to act where needed in defense of its national security, foreign policy, or law enforcement interests.

The policies of the United States with respect to extraterritoriality have caused crises in other nations. In 2002, two U.S. servicemen allegedly killed two young girls in a traffic accident in South Korea. Despite protests from South Koreans to have the servicemen tried in a Korean court, the soldiers were tried—and acquitted—by a U.S. military court. The treatment of the men caused anti-American protests throughout South Korea.

Cross-references

Ambassadors and Consuls; Diplomatic Agents; Diplomatic Immunity.

Extraterritoriality

The state of being exempt from a country or region's law. This may occur in an embassy, for example, which legally is not part of the territory in which it resides. Historically, extraterritoriality referred to the colonial right to be tried only by one's own justice system, even if one was in a foreign country.

单词	extraterritoriality
释义	extraterritoriality ex·tra·ter·ri·to·ri·al·i·ty E0302700 (ĕk′strə-tĕr′ĭ-tôr′ē-ăl′ĭ-tē)n.1. The operation of the law of a state or country outside of its physical boundaries.2. Exemption from local legal jurisdiction, such as that granted to foreign diplomats. extraterritoriality (ˌɛkstrəˌtɛrɪˌtɔːrɪˈælɪtɪ) or extrality n1. (Government, Politics & Diplomacy) the privilege granted to some aliens, esp diplomats, of being exempt from the jurisdiction of the state in which they reside2. (Government, Politics & Diplomacy) the right or privilege of a state to exercise authority in certain circumstances beyond the limits of its territory ex•tra•ter•ri•to•ri•al•i•ty (ˈɛk strəˌtɛr ɪˌtɔr iˈæl ɪ ti, -ˌtoʊr-) n. immunity from the jurisdiction of a nation, as granted to foreign diplomats. Translations exterritorialitéextraterritorialité extraterritoriality 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. ..... Click the link for more information. 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. Extraterritoriality Extraterritoriality The operation of laws upon persons existing beyond the limits of the enacting state or nation but who are still amenable to its laws. Jurisdiction exercised by a nation in other countries by treaty, or by its own ministers or consuls in foreign lands. In International Law, extraterritoriality exempts certain diplomatic agencies and persons operating in a foreign country from the jurisdiction of the host country. Instead, the agency or individual remains accountable to the laws of the native country. The effects of extraterritoriality extend to troops in passage, passengers on war vessels, individuals on mission premises, and other agencies and persons. The concept of extraterritoriality stems from the writings of French legal theorist and jurist Pierre Ayraut (1536–1601), who proposed the theory that certain persons and things, while within the territory of a foreign sovereign, remained outside the reach of local judicial process. Classical writers such as Hugo Grotius (1583–1645) and Samuel von Pufendorf (1632–94) gave Ayraut's ideas greater circulation. In 1788, the multilingual translation of Georg Friederich von Martens's Summary of the Law of Nations put the actual word extraterritoriality into the international vocabulary. Extraterritoriality for ambassadors and other diplomatic representatives gained widespread acceptance during the reign of Queen Anne of Great Britain (1665–1714). In this period, British officials arrested a Russian ambassador who had run up substantial debt to the British government. An international incident ensued as Russian officials and others throughout the world objected to Britain's disregard for the diplomat's Immunity. Because of the outcry, Britain passed the Act Preserving the Privileges of Ambassadors in 1708. Other nations followed Britain's example, and the United States enacted an essentially identical statute in 1790. In the modern world, the United Nations has held a key position in upholding extraterritorial law. In a 1961 agreement made in Vienna, the U.N. Conference on Diplomatic Intercourse and Immunities extended exemption from the laws of host countries to the staff and family of Diplomatic Agents. In addition, officials of the United Nations and the members of the delegations of its member states receive extensive procedural, fiscal, and other immunities from the jurisdiction of the host country. Separate and special arrangements govern the United States and Switzerland because the United States hosts the U.N. headquarters and Switzerland has U.N. offices in Geneva. The general laws binding nations to extraterritorial agreements still rest on principle more than established order. The modern, global marketplace has put an additional dimension into extraterritoriality. The United States has consistently held that unless international jurisdiction conflicts are managed or mitigated, they have the potential to interfere seriously with the smooth functioning of international economic relations. The United States has therefore declared that it cannot disclaim its authority to act where needed in defense of its national security, foreign policy, or law enforcement interests. The policies of the United States with respect to extraterritoriality have caused crises in other nations. In 2002, two U.S. servicemen allegedly killed two young girls in a traffic accident in South Korea. Despite protests from South Koreans to have the servicemen tried in a Korean court, the soldiers were tried—and acquitted—by a U.S. military court. The treatment of the men caused anti-American protests throughout South Korea. Further readings Castel, J. G. 1988. Extraterritoriality in International Trade. Toronto, Canada: Butterworths. Hermann, A. H. 1982. Conflicts of National Laws with International Business Activities: Issue of Extraterritoriality. London: British-North American Committee. Cross-references Ambassadors and Consuls; Diplomatic Agents; Diplomatic Immunity. Extraterritoriality Extraterritoriality The state of being exempt from a country or region's law. This may occur in an embassy, for example, which legally is not part of the territory in which it resides. Historically, extraterritoriality referred to the colonial right to be tried only by one's own justice system, even if one was in a foreign country.
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extraterritoriality

ex·tra·ter·ri·to·ri·al·i·ty

extraterritoriality

extrality

ex•tra•ter•ri•to•ri•al•i•ty

extraterritoriality

extraterritoriality

exterritoriality,

Extraterritoriality

Extraterritoriality

Further readings

Cross-references

Extraterritoriality

Extraterritoriality