Subject: Re: French Properties on St Helena
Date: May 02, 2005 @ 12:58
Author: aletheiak ("aletheiak" <aletheiak@...>)
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--- In BoundaryPoint@yahoogroups.com, "L. A. Nadybal" <lnadybal@c...> wrote:
> There is such a thing as extraterritoriality -
>
> Until 1990, there was a fence around a piece of property (I estimate
> about four to five acres/hectares), in Frankfurt, Germany (suburb of
> Niederrad to the SW of downtown). On the fence to the left side of
> the single gate that led inside, there was a sign that was headlined,
> in German - "Extraterritoriales Gebiet". It was a big sign - six feet
> high at least, with lots and lots of other, smaller words explaining
> that the U.S. was the sovereign inside the fence, that U.S. Military
> Community Commander in Frankfurt was the governor, that the U.S. had
> placed the grounds at the disposal of the Soviet Union and that no
> German law applied inside, no German citizen for other third country
> national was permitted to enter, and talking to the Russian gate guard
> was prohibited. There was a American phone number to call at the
> bottom of the sign, in case anyone had questions. The number led
> callers to a villa in NE Frankfurt (not on a base) where the commander
> had a team that governed the operation inside the fence. Two U.S.
> Army regulations regulated the operations - the U.S. supplied the
> Russians stationed there with radios, telephones (not German), gas,
> heating fuels, and special car license plates (not German and not U.S.
> forces plates under the Status of Force treaties - US Forces plates
> are actually German plates inscribed with "USA" that the Germans let
> the Army give out under provisions of the SoFA treaty), etc. German
> authorities were prohibited from approaching the vehicles with those
> plates affixed when they were out on the German roads. The occupants
> could drive over any German roads except those which were marked on an
> American map as off limits to the Russians (generally U. S. military
> training areas and roads near allied bases. The Russian occupants of
> the area (military officials and their family members) were even given
> ID cards so they could shop free of German tax and customs control
> (and without needing Germany money) in the U. S. PXs in Frankfurt and
> Heidelberg.
>
> The status of the place stemmed from the Hubner-Mallanin Agreement in
> the 1940s - it predated the founding the Federal Republic of Germany,
> it was not included as part of the land on which Germany was founded
> and that was under occupation until 1955. It was basically a
> territorial hole in the middle of the Federal Republic. I think (not
> sure)it may have technically been part of Prussia. After the U. S.
> had taken possession of the Frankfurt site, which was during the
> occupation but some years after the war ended (but before the founding
> of the Federal Republic), the allies abolished Prussia. It could
> even be that the sovereign that the Frankfurt site belonged to before
> the Federal Republic came into existence actually went away by U.S.
> and allied edict.
>
> In 1990, upon the fall of the Berlin Wall, the Russians abandoned the
> site and the U.S. closed the gate. It stayed that way until the U.S.
> was able to negotiate an arrangement with the Germans for the transfer
> of sovereignty. Today, it is full of German apartments and the
> American buildings are gone. Some of the old fence is still there,
> but the apartments are new and surrounded by the much older ones that
> were previously outside the fence. When one visits the place now, it
> is obvious that something odd was there before, because the
> architecture is very different from the adjacent old town.
>
> The U.S. never annexed the grounds to make it part of the U.S., but it
> was, nevertheless - extraterritorial - because it was never a part of
> the Federal Republic of Germany that surrounded it.
>
> Regards
> LN
>
>
>
>
>
>
>
>
>
> --- In BoundaryPoint@yahoogroups.com, "Henry Hirose" <silentcity@h...>
> wrote:
> > "aletheiak" <aletheiak@y...> writes:
> >
> > <<good point
> > followed by a deafening silence
> > for i am a little surprised our extraterritoriality mavens havent
> responded
> > nor even gasped out loud yet>>
> >
> > I was wondering the same thing. But I also feel that, if I
> understand you
> > correctly, that the conclusive reply was rather underwhelming.
> > Extraterritoriality after all isn't sovereign territory, which would
> have
> > created bona fide enclaves and got a lot more people fired up.
> >
> > But I would venture to guess that the hon. consul is mistaken in his
> > assumption. It may not be extraterritoriality but mere
> "inviolability of
> > their premises" just as in embassies. Traditional
> extraterritoriality of
> > land, as opposed to persons, seems virtually dead, with all cases of
> > examples dating from the days of Western Imperialism that were all
> given up
> > or seized by the host countries. See here for examples:
> >
> > http://reference.allrefer.com/encyclopedia/E/extrater.html
> >
> > Cheers, HH