SMOM,
to my knowledge and my interpretation, is fiction. It is the representation of a
government that no longer exists since Napoleon has expelled it from Malta. The
fact that it occupies a house in Rome and is "recognized" by a couple of other
international institutions does not help much. It simply has no territory, the
fundamental requirement for a state. By no means it is extraterritoreal to
today's Malta.
And
what about the Principality of Seborga?
What about SMOM in Rome?
regards, Chris
----- Original Message -----
Sent: Tuesday, October 26, 2004 4:42
PM
Subject: [BoundaryPoint] Re:
extraterritoriality
OK, thanks. So what _is_ extraterritoriality exactly,
and where can
it be found (the various Vatican buildings in and around
Rome,
probably - but are there other examples?)
Peter
--- In
BoundaryPoint@yahoogroups.com,
"Joachim Duester"
<jduester@p...> wrote:
>
>
> I beg to differ from Wolfgang's defininition of
eytraterritoriality.
>
> A distinction has to be made
between sovereignty over territory
(which
> is a matter of
international public law or "law of nations") and
> ownership (which
is a matter of private law). A piece of land owned
by
> one
country as a private owner in another country does not
> automatically
enjoy extraterritorial privileges. For a piece of
> territory to enjoy
extraterritoral privileges, it is not necessary
to
> be under the
private ownership of another subject of international
law.
>
> The embassy of one state in another state is NOT
extraterritorial
> territory, and it does not matter in this respect
at all whether the
> embassy plot/building has been purchased or only
rented in the host
> country. The special privileges and immunities
enjoyed by embassy
> premises are not the result of
extraterritoriality but are
privileges
> granted under the Vienna
Convention or other treaties to that
effect.
> These privileges
apply regardless whether the embassy grounds are
> owned by the
sending state or are only rented from a local owner or
> the host
government.
>
> Joachim
>
>
>
> ---
In BoundaryPoint@yahoogroups.com, "Wolfgang Schaub"
>
<Wolfgang.Schaub@c...> wrote:
> > Hello, I am new to the
group. En/exclaves are territories owned by
> another
> >
country in the sense that they form part of the parent state
territory.
> > Otherwise properties owned by a country on the
territory of
another are
> > extra-territorial entities.
Examples: All foreign embassies,
> Castelgandolfo
> > castle
of the Vatican inside Italy, the monument for Latour
> d'Auvergne
owned
> > by France inside Germany, and many others.
>
>
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