Subject: Re: servitudes/extraterritoriality.
Date: Oct 28, 2004 @ 00:03
Author: L. A. Nadybal ("L. A. Nadybal" <lnadybal@...>)
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--- In BoundaryPoint@yahoogroups.com, Brendan Whyte <bwhyte@u...> wrote:
>
>
> Any enclave manifests by its very existence a cause of a certain
degree of
> 'extraterritoriality' or rather dilution of sovereignty to the host
state.
> By recognising its existence, the host state is obliged to
provide/allow
> access from the home state to it. This is the same in international
law, as
> in domestic law. If you own a property and sell off a section of the
middle
> of that property, you are obliged, by that sale, to allow access
between
> that sold section and the outer edge of your property/a public road.
> The India/Portugal ICJ case over Dadra & Nagar Haveli had an article
by a
> law professor going trough the legal instances in the domestic laws of
> dozens of countries.
>
> Brendan