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In international law, extraterritoriality or exterritoriality 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 ]
In a 1909 Supreme Court case, Justice Oliver Wendell Holmes introduced what came to be known as the "presumption against extraterritoriality," making explicit this judicial preference that U.S. laws not be applied to other countries. American thought about extraterritoriality has changed over the years, however.
In countries outside of its borders, a foreign power often has extraterritorial rights over its official representation (such as a consulate).If such concessions are obtained, they are often justified as protection of the foreign religion (especially in the case of Christians in a Muslim state) such as the ahdname or capitulations granted by the Ottoman Sultan to commercial Diasporas residing ...
The image of gangsters and Triad societies connected with the major cities and concessions of the period is often due to extraterritoriality within the cities. [23] Underdeveloped economies under a foreign government led many laborers without opportunities to be recruited by triads, who developed a subculture inspired by other eras that China ...
Some countries establishing diplomatic relations such as the United States have recognized the Cook Islands as a fully sovereign state, while some such as France have not. [ 72 ] [ 73 ] The Cook Islands are a member of nine United Nations specialized agencies , and the United Nations currently classifies the Cook Islands as a "non-member state ...
The term 'extraterritoriality' is often applied to diplomatic missions, but normally only in this broader sense. As the host country's authorities may not enter the representing country's embassy without permission, embassies are sometimes used by refugees escaping from either the host country
Serbia (2007), a state provided high levels of military and economic assistance to paramilitary forces located in another country that carried out genocide. [10] In its 2007 judgment on Bosnia v. Serbia, the International Court of Justice found that states parties to the Genocide Convention of 1948 have an obligation to prevent genocide also ...
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