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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 ]
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.
Extraterritoriality was thus ended, making citizens of the United States and United Kingdom in China subject to Chinese law, as well as the existence of treaty ports and their autonomous foreign settlements, legation quarters, and the right to station foreign warships in Chinese waters and foreign troops on Chinese territory. [3]
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 Shanghai International Settlement (Chinese: 上海公共租界) originated from the 1863 merger of the British and American enclaves in Shanghai, in which British and American citizens would enjoy extraterritoriality and consular jurisdiction under the terms of unequal treaties agreed by both parties. These treaties were abrogated in 1943.
The Chinese side first indicated its desire to abolish extraterritoriality in August 1942, in a conversation between Wang Beng-shen, advisor to Chiang Kai-shek on Japanese affairs, and member of the British embassy in Chongqing. The Chinese adviser stated that the Chinese government desired to abolish extra-territorial rights in Shanghai, and ...
The Military Extraterritorial Jurisdiction Act (Pub. L. 106–523 (text), 18 U.S.C. §§ 3261–3267) (MEJA) is a law intended to place military contractors under U.S. law. [1] [2] The law was used to prosecute former Marine Corps Sgt. Jose Luis Nazario, Jr. for the killing of unarmed Iraqi detainees, though he was ultimately acquitted.
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 or a third country.