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Extraterritorial rights were not limited to Western nations. Under the 1871 Sino-Japanese Friendship and Trade Treaty, Japan and China granted each other reciprocal extraterritorial rights. [29] China itself imposed reciprocal extraterritoriality rights for its own citizens in Joseon Korea.
Human rights are universal rights. When a state limits its human rights obligations as being applicable only within its own borders, this can lead to gaps in the protection of human rights in international political processes. Extraterritorial Obligations (ETOs) are a missing link in the universal human rights protection system. [2]
Article I: The U.S. relinquished all rights to extraterritoriality in China, including such rights previously established under the Treaty of Wanghia and the Treaty of Tientsin. As a result, the United States Court for China and the U.S. Consular Courts in China, which exercised extraterritorial jurisdiction in China, were abolished.
The policing of transnational and international crimes is a challenge to state-based law enforcement agencies, as jurisdiction restricts the direct intervention a state's agencies can legally take in another state's jurisdiction, with even basic law enforcement activities such as arrest and detention "tantamount to abduction" when carried out extraterritorially. [3]
In February 1943, the International Settlement was de jure returned to the Chinese as part of the British–Chinese Treaty for the Relinquishment of Extra-Territorial Rights in China and American–Chinese Treaty for Relinquishment of Extraterritorial Rights in China with the Nationalist Government of the Republic of China under Chiang Kai-shek ...
Extraterritorial jurisdiction plays a significant role in regulation of transnational anti-competitive practices. In the U.S., extraterritorial impacts in this field first arose from Standard Oil Co. of New Jersey v. United States, [7] where Imperial Oil in Canada was ordered to be divested from Standard Oil.
It was, however, only in 1943 during World War II that Britain gave up extraterritorial rights in China under the British-Chinese Treaty for the Relinquishment of Extra-Territorial Rights in China [17] signed on 11 January 1943 and which came into force on 20 May 1943. [18] The United States gave up its extraterritorial rights at the same time.
Britain acquired extraterritorial rights in Japan under the Anglo-Japanese Treaty of Amity and Commerce of 1858. British Consular officials sat as judges consular courts in all treaty ports in Japan. Until 1865 appeals from decisions of consular officials were made to the Supreme Court of Hong Kong.