Subject: Re: [BoundaryPoint] Re: extraterritoriality
Date: Oct 27, 2004 @ 03:58
Author: chris schulz ("chris schulz" <23568@...>)
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----- Original Message -----From: Wolfgang SchaubSent: Tuesday, October 26, 2004 9:55 PMSubject: AW: [BoundaryPoint] Re: extraterritorialitySMOM, 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?-----Ursprüngliche Nachricht-----
Von: chris schulz [mailto:23568@...]
Gesendet: Dienstag, 26. Oktober 2004 18:44
An: BoundaryPoint@yahoogroups.com
Betreff: Re: [BoundaryPoint] Re: extraterritorialityWhat about SMOM in Rome?regards, Chris----- Original Message -----From: Peter SmaardijkSent: Tuesday, October 26, 2004 4:42 PMSubject: [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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