----- Original Message -----
From: <jduester@...>
To: <BoundaryPoint@yahoogroups.com>
Sent: Monday, January 27, 2003 11:01 AM
Subject: [BoundaryPoint] Re: SMOM

> I think Jan has made it clear for all of us: the SMOM is recognized by
> many (not all!) other subjects of international law as a subject of
> international law, but is an organization or institution, not a
> country or territory. Sovereign states are ipso facto all subjects of
> international law, but not all subjects of international law are
> necessarily states. The Holy See, for example, is not a sate, but is
> a subject of international law (and doest exist as such quite
> independently of the Vatican City State), and many international
> organizations such as The UN or the League of Arab States are subjects
> of international law and may conlude international treaties, send and
> receive diplomatic representatives, etc.
>
> The privileges and immunities of diplomatic missions are the result of
> international law as embodied in the 1963 Vienna Convention, and are
> NOT the result of "extraterritoriality" as is very often, but wrongly
> claimed in newspaper articles. The territory occupied by a foreign
> embassy, whether owned or rented by the foreign state, is territory of
> the host country. If I remember correctly, the concept of
> "extraterritoriality" as an explanation for the immunities and
> privileges enjoyed by the premises of a foreign mission has already
> been abandoned by legal scholars some twohundred years ago ... and it
> still roams around!

So, does this imply that a person born in the X embassy to country Y, was
not in fact born in X? For example, a person born in the US embassy to
Italy. Could this person become President of the United States? It is
fortunate that all of the Al Qaeda prisoners at Camp X-Ray were men.
Suppose one was a pregnant woman who gave birth. Would the child be
American, Cuban or Afghani?

Also, I recall that Churchill signed a proclamation making a certain
hospital room Yugoslavian territory for a day after the war so that the heir
apparent to the Yugoslavian throne could in fact be born in that country.

http://www.royalfamily.org/family/hrhcpa_bio.htm