An extraterritorial organization is an institution that uses the right of extraterritoriality. What distinguishes the company from the general series is the possession of special advantages. This category includes personal and property immunity, non-jurisdiction on the part of local criminal and civil courts. Most importantly, they are exempt from tax obligations. An extraterritorial organization is a privileged institution equated to representatives of the diplomatic elite.
Extraterritoriality in practice
If the state conducts relations in the international arena independently and independently, does not obey someone else's "advice" and instructions, it can be safely called sovereign. This means that a single country can carry out its functionality within its own borders or in other territories and is not subject to anyone except its Constitution and international law. Then the extraterritorial organization is its status, closely related to the concept of sovereignty.
When a legal entity, institution, object, withdrawn from the influence of local laws, is subject to the jurisdiction of its own state in which it has citizenship. In practice, diplomatic consulates with all due privileges and immunities are widely used as extraterritoriality. Extraterritorial organizations have supplanted this because of more precise designations, in which various forms of immunity are used mainly from foreign laws.
What is special about the concept?
Extraterritoriality should not be understood in an expanded sense. He must be handled with care so as not to use legal fiction with unlimited immunities and privileges. Previously, individuals or institutions were really exempted from the criminal, administrative, economic law of the state where they were located directly, citizens were responsible to the country that gave them citizenship.
The times and acts of international law have changed somewhat. But the Vienna Convention on diplomats and consulates acting on the basis of an international treaty remains unchanged. The Convention exempted mission employees from legal liability to the state, which accepted them under mutual conditions.
What structures are considered special?
An example of the activities of extraterritorial organizations and bodies are:
- UN and its various departments;
- IMF;
- World Bank;
- WTO
Do not exclude from the privileged list enterprises operating in the field of international economic cooperation and development, which include oil exporters from the European Free Trade Association together with the European Community.
Acting factors
Diplomatic immunity is still valid if there are diplomatic and consular relations between countries. Historical facts show that extraterritoriality was imposed and one-sided, when not only diplomatic persons, but all citizens of the country fell under its actions. Moreover, the host state did not use this right due to an unequal agreement. The activities of extraterritorial organizations are presented at military bases located abroad or in institutions occupying buildings for the UN.
International maritime law has truly retained the importance of extraterritoriality. If a warship arrives at a foreign port, it becomes the floating territory of that state under whose flag it goes. Military aircraft are also marked by similar capabilities. Only both ships and aircraft must comply with the only condition: to enter the territory of a foreign state by legal means. Yes, and extraterritoriality itself can be established in the subject by one method, when the country agrees to this. Then on this territory it is possible to place diplomats, embassies and consulates.