Subject: Re: extraterritoriality
Date: Oct 28, 2004 @ 02:16
Author: L. A. Nadybal ("L. A. Nadybal" <lnadybal@...>)
Prev    Post in Topic    Next [All Posts]
Prev    Post in Time    Next


--- In BoundaryPoint@yahoogroups.com, "Peter Smaardijk"
<smaardijk@y...> wrote:
>
"And also (this may be another subject): if some legislation of state
A doesn't apply because of extraterritoriality, and this
isn't "filled in" by the appropriate legislation of state B, isn't
there a vacuum for that particular legislation?"


Not necessarily, although possibly. For instance, the Kleinwalsertal,
for example, is Austrian territory under German customs jurisdiction
(among other things), at least for a little while longer. It is a
"Zollausschlussgebiet" (customs excluded zone) for Austria and a
customs included zone (Zollanschluss) for Germany. It could have just
as easily been made an excluded zone by Austria and not been placed in
German customs territory.

Exactly that situation exists at Livigno, Italy and Sumnaun,
Switzerland, just south of the Kleinwalsertal on the other side of the
Alps - they are outside of the customs territory of the mother
countries but not inside the customs zones of their neighbor
countries. They are truly "duty free" zones. An economic advantage
is the nature of those "vacuums". They are exactly what was desired
by the mother countries for these areas, so isn't really a "hole that
was left". There is no extraterritoriality issue because no sovereign
rights have been devolved to another sovereign solely because the
mother country decided to not exercize its full pallette of rights in
those places.

LN