Extraterritoriality Theory

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Of recent times, this theoretical approach has not been accepted as a result of several reasons. Firstly, the private abuses of diplomatic agents negates the idea of representative character as it calls for the question- why should a state cover the evils of a person who goes about his personal degenerate habits? Why should a state place a person above the law when he is not actually representing a state? These questions rightly bring the mind to the actual issue of representation; in modern time as now, are diplomatic agents representing a state or the people of a state? If in the position that diplomatic agents are representing the interest of the people of a state then, the immunity for private acts should be that granted the people of …show more content…

Although they have many similarities, the principle of exterritoriality has to be distinguished from the principle of extraterritoriality. While the principle of exterritoriality refers to the immunities vested in an envoy due to international law, extraterritoriality is defined as pertaining to the ‘establishment of an international servitude by elevating the nationality principle of jurisdiction over the territorial principle’. Exterritoriality theory proposes the idea that the diplomatic agents (staff and families), the diplomatic mission (residential and official premises) and their possessions (transportation included) is not of the territory of the receiving state. Though in the receiving state, the diplomatic envoy is considered and to be treated as still domiciling and operating in his own state while the receiving state is seen an extension of the sending state. This theory was used to exempt diplomats from the jurisdiction of a receiving state as a sovereign would demand his subjects pay loyalty to him only . The term stems from the idea that such persons or things are deemed not to be within the territory of the sovereign where they are actually present. Hugo Grotius was of the view that extra territoriality of the diplomatic agent means that in spite of being physically present upon the soil of the country to which they are accredited, they remain for all purposes upon the soil of the country to which they represent.

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