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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.
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 ...
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
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 ...
In international relations, a concession is a "synallagmatic act by which a State transfers the exercise of rights or functions proper to itself to a foreign private test which, in turn, participates in the performance of public functions and thus gains a privileged position vis-a-vis other private law subjects within the jurisdiction of the State concerned."
Non-recognition is often a result of conflicts with other countries that claim those entities as integral parts of their territory. [3] In other cases, two or more partially recognised states may claim the same territorial area, with each of them de facto in control of a portion of it (for example, North Korea and South Korea , or the Republic ...
In Japan extraterritoriality came to an end on 4 August 1899 and the British Court for Japan and other consular courts closed soon after that after finalising pending cases. There was a right of appeal to the Judicial Committee of the Privy Council in London from the British consular courts .