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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 political geography, an enclave is a piece of land belonging to one country (or region etc.) that is totally surrounded by another country (or region). An exclave is a piece of land that is politically attached to a larger piece but not physically contiguous with it (connected to it) because they are completely separated by a surrounding foreign territory or territories.
A pene-exclave is a part of the territory of one country that can be conveniently approached – in particular, by wheeled traffic – only through the territory of another country. [6]: 283 Pene-exclaves are also called functional exclaves or practical exclaves.
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
An extraterritorial operation in international law is a law enforcement or military operation that takes place outside the territory or jurisdiction of the state whose forces are conducting the operation, generally within the territory of another sovereign state.
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 ...
In the 1922 debates on the draft Constitution of the Irish Free State, Darrell Figgis' proposal to have universal jurisdiction over Free State citizens was rejected by Kevin O'Higgins, who said "to set down here in our Constitution a principle of that kind, with no guarantee whatever that it will be honoured or accepted by any single country on the face of the earth is simply inviting ridicule ...