Exterriorality refers to the exemption of individuals from the laws of the country they are in if they are from another country or born abroad. It is similar to extraterritoriality, but exterritoriality specifically applies to non-citizens of the country.
Extraterritoriality, also known as exterritoriality, refers to the condition of being exempt from the jurisdiction of the country in which one is currently located. For instance, diplomats and their families often enjoy exterritoriality, meaning they are not bound by the laws of the host country. To illustrate, if a diplomat from the United States resides in France, they remain subject to U.S. laws rather than French laws. This example demonstrates the practical application of exterritoriality, highlighting that individuals are not subject to the laws of a foreign country even when physically present there, provided they have been granted exterritoriality.
Extraterritoriality refers to the legal principle that allows a country to exercise its jurisdiction beyond its borders.
There are two types of extraterritoriality: prescriptive and enforcement.
Prescriptive extraterritoriality is the power of a country to regulate the conduct of its citizens and entities outside its borders.
Enforcement extraterritoriality is the power of a country to enforce its laws outside its borders.
The limitations of extraterritoriality include the principle of sovereignty, comity, and the territoriality principle.
The principle of sovereignty is the idea that each country has the right to govern itself without interference from other countries.
Comity is the principle of mutual respect and cooperation between countries.
The territoriality principle is the idea that a country’s laws apply only within its borders.
Extraterritoriality can have significant implications for businesses, particularly those that operate in multiple countries.
Businesses can comply with extraterritorial laws by understanding the laws of the countries in which they operate, seeking legal advice, and implementing compliance programs.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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