What is the meaning of extraterritoriality?
extraterritoriality, also called exterritoriality, or diplomatic immunity, in international law, the immunities enjoyed by foreign states or international organizations and their official representatives from the jurisdiction of the country in which they are present.
Which of the following is an example of extraterritoriality?
Extraterritoriality definition When a diplomat cannot be prosecuted in the courts where he is living, this is an example of extraterritoriality. Exemption from local legal jurisdiction, such as that granted to foreign diplomats.
What is the meaning of extraterritorial rights?
extraterritoriality. / (ˌɛkstrəˌtɛrɪˌtɔːrɪˈælɪtɪ) / noun international law. the privilege granted to some aliens, esp diplomats, of being exempt from the jurisdiction of the state in which they reside. the right or privilege of a state to exercise authority in certain circumstances beyond the limits of its territory.
What is extraterritorial jurisdiction quizlet?
Extraterritorial Jurisdiction. 1) The State’s legal capacity to prohibit or regulate conduct outside of its national borders. 2) State’s illegal excercise of of power beyond internationally recognized limits. Nationality Principle. State can regulate conduct of its citizens, even outside of the State’s territory.
What is the difference between extraterritoriality and Exterritoriality?
Therefore, exterritoriality is excluding a territory from territorial govern- ment, whereas extraterritoriality means either a process taking place beyond, regardless of a territory or determines a subject or object located outside a territory.
Why is the extraterritoriality important?
A vital function of American diplomacy is the protection of persons, property, and trade interests of U.S. citizens, both native-born and naturalized, in foreign countries.
What is extraterritoriality quizlet?
Extraterritoriality. Living in a section of a country set aside for foreigners but not subject to the host country’s laws.
What is considered extraterritorial jurisdiction ETJ )?
Extraterritorial jurisdiction (ETJ) is the legal ability of a government to exercise authority beyond its normal boundaries. Any authority can claim ETJ over any external territory they wish.
When did extraterritoriality end in China?
In 1929 the National Government of China negotiated treaties for relinquishment of extraterritoriality with Belgium, Italy, Denmark, Portugal and Spain, and on December 30 of that year the Chinese Government declared that “the year 1930 is the decisive time, and the actual process of reestablishing Chi- nese …
When did the extraterritoriality start?
The practice of granting extraterritorial rights to foreigners began immediately after the conclusion of the so-called Opium War, 1839–42, between Great Britain and China.
Why was the extraterritoriality created?
In 1858, after Commodore Matthew Perry’s fleet forced Japan to open several ports to ships from the United States, western powers rushed to established “most favored nation” status with Japan, which included extraterritoriality.
What is extraterritoriality?
Updated July 16, 2017. Extraterritoriality, also known as extraterritorial rights, is an exemption from local laws. That means that an individual with extraterritoriality who commits a crime in a particular country cannot be tried by the authorities of that country, although often she or he will still be subject to trial in his or her own country.
What are some examples of extraterritorial jurisdiction in the US?
75Some federal code provisions explicitly authorize extraterritorial jurisdiction, such as the prohibition on unlawful importation. See, e.g., 21 U.S.C. § 959(c) (2012) (“This section is intended to reach acts . . . committed outside the territorial jurisdiction of the
Is the extraterritorial application of US laws an exercise of prescriptive jurisdiction?
So when it comes to conduct-regulating rules, it is fairly safe to say that the extraterritorial application of U.S. statutes is an exercise of prescriptive jurisdiction. The answer is less clear, however, when it comes to non-conduct- regulating aspects of the law like the viability of common law causes of
Are extraterritorial agreements still relevant today?
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.