Extraterritoriality

Extraterritoriality is the state of being exempt from the jurisdiction of local law, usually as the result of diplomatic negotiations. For instance, a citizen of country A may enjoy extraterritoriality while visiting country B. In that case, this person cannot legally be tried by the courts of country B for some alleged crime. Extraterritoriality can also be applied to physical places, such as embassies, consulates, or military bases of foreign countries.

A historic case of extraterritoriality was the seizure of the railways of Nicaragua by Brown Brothers and Harriman, a U.S. banking firm. Under the Knox-Castrillo Treaty of 1911 these railroads became legally part of the State of Maine, according to former president of Guatemala, Juan José Arévalo, in his book The Shark and the Sardines (Lyle Stuart, New York, 1961).

The old legalism is noted for its usage concerning European nationals in 19th century China and Japan. Extraterritoriality in modern China was clearly etablished by the Nanking Treaty resulting from the First Opium War. Japan recognized extraterritoriality in the treaties concluded with the United States, Britain, France, Netherlands, and Russia in 1858, though Japan succeeded in reforming her unequal status with Western countries through the Anglo-Japanese Treaty of Commerce and Navigation signed on July 16, 1894 in London. This abolished extraterritoriality in Japan for British subjects with effect from July 17, 1899.

See also: Imperialism in Asia

Traditional cases of extraterritoriality

• Diplomatic immunity
• Official visits of heads of state

See also

• Rasul v. Bush

External links

• Extraterritoriality at allrefer.com
• The Knox-Castrillo Treaty
• Supreme Court Guantanamo Decision

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