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'''Extraterritoriality''' is the state of being exempt from the [[jurisdiction]] of local law, usually as the result of diplomatic negotiations. Extraterritoriality can also be applied to physical places, such as foreign [[embassies]], [[military base]]s of foreign countries, or offices of the United Nations. The three most common cases recognized today internationally relate to the persons and belongings of foreign [[heads of state]], the persons and belongings of [[ambassador]]s and certain other [[diplomatic agent]]s, and ships in foreign waters.

Extraterritoriality is often extended to friendly or allied militaries, particularly for the purposes of allowing that military to simply pass through one's territory.

It is distinguished from [[personal jurisdiction]] in the sense that extraterritoriality operates to the prejudice of local jurisdiction.

==Historical cases==

During  the thirteenth and fourteenth centuries, the [[Italy|Italian]] [[Thalassocracy|sea republics]] of [[Republic of Genoa|Genoa]] and [[Republic of Venice|Venice]] managed to wrestle extraterritoriality for their quarters ([[Beyoğlu|Pera]] and [[Galata]]) in the Byzantine capital, [[Constantinople]].{{Citation needed|date=February 2007}}
They even battled among themselves for further control of the weakened empire.

Perhaps the most well-known cases of historical extraterritoriality concerned European nationals in 19th century China and Japan under the [[unequal treaties]]. Extraterritoriality was imposed upon China in the [[Treaty of Nanking]], resulting from the [[First Opium War]]. Shanghai in particular became a major center of foreign activity, as it contained two extraterritorial zones, the ''[[Shanghai International Settlement|International Settlement]]'' and the ''[[French Concession]]''.  Chinese and non-treaty nationals in these settlements were subject to Chinese law but, until 1927, were tried by a hybrid [[Mixed Court]] which had a Chinese judge and foreign assessor sitting on it.  Foreign Nationals of treaty powers were tried by consular courts.  Great Britain established the [[British Supreme Court for China and Japan]] in Shanghai in 1865 and America the [[United States Court for China]] in the early 20th Century. 

Extraterritorial rights were not limited to Western nations; Japan and China granted each other reciprocal extraterritorial rights when both opened to trade.  Later, in 1895, under the [[Treaty of Shimonoseki]] China gave up its extraterritorial rights in Japan and Japan obtained further rights in China. Japan later claimed extraterritorial privileges elsewhere in Asia. 

These extraterritorialities officially ended only during or after the end of World War II. The last example of extraterritorial jurisdiction maintained by the United States was in Morocco, which ended in 1957.

Japan recognized extraterritoriality in the treaties concluded with the United States, the United Kingdom, France, [[Netherlands]], and [[Russia]] in 1858, in connection with the concept of the "[[most favoured nation]]".<ref name="Duus">Duus, Peter (1998). ''Modern Japan'', Second Ed. New York: Houghton Mifflin Company.</ref> However, Japan succeeded in reforming its unequal status with Britain through the [[Anglo-Japanese Treaty of Commerce and Navigation]] signed on 16 July 1894 in London.  Similar  treaties were signed with other extraterritorial powers at the same time.  These treaties all came into effect in 1899. 

Extraterritoriality in China for non-diplomatic personnel ended at various times in the twentieth century. Germany and [[Austria-Hungary]] lost their rights in China in 1917 after China joined the allies in World War I; the [[Soviet Union]] gave up its rights in China in 1924; the United States and United Kingdom gave up their rights in 1943; [[Italy]] and Japan gave up their rights by virtue of being at war with China in World War II; and France was the last country to give up its rights, in 1946.

[[Rattanakosin Kingdom|Siam]] signed a treaty granting extraterritorial rights to Britain in 1855 during the reign of King [[Mongkut|Rama IV]].<ref>[http://www.mfa.go.th/web/119.php Thai Ministry of Foreign Affairs, "Extraterritoriality"]</ref>  Unequal treaties were later signed with 13 other European powers, as well as Japan.  After the [[absolute monarchy]] was [[Siamese revolution of 1932|overthrown in 1932]], the constitutional government promulgated a set of legal codes, setting the stage for new treaties signed between 1937 and 1938 which canceled extraterritorial rights.<ref>[http://www.mfa.go.th/web/130.php Thai Ministry of Foreign Affairs, "Complete Independence"]</ref>

The [[Treaty Ports (Ireland)|Treaty Ports]] in [[Ireland]], which were [[Sovereign Base Areas|sovereign bases]] created by the [[United Kingdom of Great Britain and Ireland|United Kingdom]] in 1922, did not enjoy extraterritoriality from the [[Irish Free State]].{{Citation needed|date=February 2007}} They were instead pieces of sovereign territory retained by the United Kingdom, until they were finally ceded to the Free State's successor, the [[Republic of Ireland]], in 1938.

A historic case of extraterritoriality was the seizure of the railways of [[Nicaragua]] by [[Brown Brothers Harriman]], a U.S. banking firm. Under the [[Knox-Castrillo Treaty]] of 1911 these railroads became legally part of the [[Maine|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), pp.&nbsp;210–220, though the Knox-Castrillo Treaty contains no mention of Maine or railroads.{{Dubious|date=August 2009}}

In American Indian contact with [[Euro-American]]s, extraterritoriality once denoted the same idea that beyond given points/lines—e. g., the Indian Southern Boundary in colonial times—Indian tribes were beyond white jurisdiction and non-Indians were not to trespass or occupy any lands. With  the establishment of reservations, extraterritoriality soon lost this meaning or became a moot designation.<ref>DeVorsey, Louis,1966,The Indian Boundaries in the Southern Colonies, 1763–1775 (Chapel Hill: Univ. of North Carolina Press); Sutton, Imre, 1976, "Sovereign States and the Changing Definition of the Indian Reservation," Geographical Review,66(3):281-95.</ref>

===Royal Births===
There are a few examples of extraterritorial agreements concerning the birth of royals:

In January 1943 the maternity ward of [[Ottawa Civic Hospital]] in which [[Princess Margriet of the Netherlands]] was born was temporarily declared to be extraterritorial by the Canadian government.  Making the maternity ward outside of the Canadian domain caused it to be unaffiliated with any jurisdiction and technically international territory. This was done to ensure that the newborn Princess would derive her citizenship from her mother only, thus making her solely Dutch.<ref>[http://www.cbc.ca/archives/categories/war-conflict/second-world-war/netherlands-princess-margriet-born-in-ottawa.html CBC Digital Archives: "Netherlands' Princess Margriet born in Ottawa"]</ref>

Similarly in 1945,  the birth of [[Alexander, Crown Prince of Yugoslavia]] happened in Suite 212 of Claridge's Hotel in London, England, which was temporarily ceded as Yugoslavian territory.<ref>[[Alexander,_Crown_Prince_of_Yugoslavia#Birth_and_childhood]]</ref>

==Current examples==

Examples where countries have ceded some control (for example, the right to enter at will for law enforcement purposes) without ceding sovereignty include the following:

* Official visits of [[head of state|heads of state]]{{fact|date=July 2012}}
* Extraterritorial [[properties of the Holy See]] in Italy
* Headquarters of the [[Sovereign Military Order of Malta]] in Rome
* [[United Nations headquarters]] in New York, United Nations offices in [[Palais des Nations|Geneva]], [[Vienna International Centre|Vienna]], [[Nairobi]], [[The Hague]] ([[International Court of Justice]]), [[Hamburg]] ([[International Tribunal for the Law of the Sea]]), [[Copenhagen]] and elsewhere.
* The [[International Bureau of Weights and Measures]] at the [[Pavillon de Breteuil]] in [[Sèvres]]{{fact|date=July 2012}}
* The [[NATO]] (political) headquarters in [[Brussels]] and the headquarters of Allied Command Operations, [[Supreme Headquarters Allied Powers Europe|SHAPE]] near [[Mons]], Belgium{{fact|date=July 2012}}
* [[CERN]] (European Organization for Nuclear Research) - for convenience, some facilities that cross into France are under Swiss jurisdiction
* [[Guantanamo Bay Naval Base]], leased by the United States from Cuba (disputed by Cuba)
* [[European Central Bank]] in [[Frankfurt am Main|Frankfurt]]{{fact|date=July 2012}}
* [[European Patent Office]] in [[Munich]], Berlin and [[The Hague]]
* [[Moldauhafen]] (Vltava port), a lot in the port of [[Hamburg]], Germany, leased to the [[Czech Republic]] until 2028
* [[International Maritime Organisation]] Headquarters in London<ref name = UK_SI>{{cite web
|url = http://www.legislation.gov.uk/uksi/2002/1826/pdfs/uksi_20021826_en.pdf
|title = Statutory Instrument 2002:1826 – The International Maritime Organisation (Immunities and Privileges) Order 2002 
|publisher = The Stationery Office Limited
|date = 16 July 2002
|accessdate = 10 December 2010}}</ref>

Contrary to popular belief, diplomatic missions do not enjoy full extraterritorial status and are not sovereign territory of the represented state.

Various [[free port]]s exist outside the main [[customs territory]] of their host country.

National governments can also own property or special concessions in other countries without gaining any sort of legal jurisdiction or sovereignty, in which case they are treated similarly to other private property owners.  For example, ownership of land under the [[John F. Kennedy]] Memorial at [[Runnymede]], England, was given to the United States by the United Kingdom in the John F. Kennedy Memorial Act 1964.<ref>{{cite journal
  | last = Evans  | first = D. M. Emrys  | title = John F. Kennedy Memorial Act, 1964
  | journal = The Modern Law Review  | volume = 28  | issue = 6  | pages = 703–706
  | publisher =  | year = 1965  | accessdate =  }}</ref>  

Another example of special concessions granted by host nations for areas or locales of significance are the numerous cemeteries and monuments administered by the [[American Battle Monuments Commission]].  These are located in Belgium, Cuba, France, Gibraltar, Italy, Luxembourg, Mexico, Morocco, the Netherlands, the Northern Mariana Islands, Panama, Papua New Guinea, the Philippines, the Solomon Islands, Tunisia, and the United Kingdom.<ref>{{cite web
|url = http://www.abmc.gov/  | title = American Battle Monuments Commission | publisher = | date = | accessdate = 13 March 2013}}</ref>  The most popular site among these is the [[Normandy American Cemetery and Memorial]] in France.

==See also==
*[[Extraterritorial jurisdiction]]
*[[Enclave and exclave]]
*[[Status of forces agreement]]
*[[Diplomatic Immunity]]
*[[Antarctic Treaty System]]
*[[Demilitarized zone]]
*[[EuroAirport Basel-Mulhouse-Freiburg]]
*[[Harris Treaty]]
*[[Imperialism in Asia]]
*[[International waters]]
*[[International zone]]
*[[Law of the Sea]]
*[[Moon Treaty]]
*[[Neutral territory]]
*[[Outer Space Treaty]]
*[[Prerogative]]
*[[Rasul v. Bush]]
*[[Akmal Shaikh]]

==References==
{{Reflist}}

==External links==
*[[Columbia Encyclopedia]]—[http://www.bartleby.com/65/ex/extrater.html "Extraterritoriality"]
* [http://www.panarchy.org/shihshunliu/presentation.1925.html Shih Shun Liu, Extraterritoriality, Its Rise and Its Decline] (1925)

[[Category:International law]]