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Were Your Courts On Foreign Soil Better Or Worse?

For discussion and debate about anything. (Not a roleplay related forum; out-of-character commentary only.)
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Makko Oko
Diplomat
 
Posts: 641
Founded: Jan 20, 2018
Father Knows Best State

Were Your Courts On Foreign Soil Better Or Worse?

Postby Makko Oko » Wed Jun 22, 2022 8:12 am

I'm not sure how many of you know this, but the United States, along with several other countries including the UK, back in around the 1800's and 1900's, until World War 2, had courts on foreign soil. One of these courts was the United States Court For China which was established with the same jurisdiction as embassies get, being considered American soil, and these courts prosecuted and handled cases regarding US citizens and nationals, meaning Chinese citizens and other foreigners could be dealt with through these courts as long as an American national was involved in said case.

Some of what was handled through the court include marriage disputes, civil and criminal trials, etc. and the punishments handed out were somewhat restricted, and according to law scholars at the time, the US Constitution didn't apply to the United States Court For China due to not legally being on American soil (odd but alright) but US laws did apply, and in some cases, Chinese laws as well. Sentencing could be done locally in China, or on actual US territory with extradition and transport.

Now here begs the question, would life be better for foreigners in every country of the world, if they had courts from their homelands to support them? Would justice be fairer and more equitable? I'd love to hear your opinion on this!

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Heloin
Postmaster of the Fleet
 
Posts: 26091
Founded: Mar 30, 2012
Ex-Nation

Postby Heloin » Wed Jun 22, 2022 9:29 am

The initial reason this was done was to delegitimize the authority of countries western imperial powers were colonising.

Assume you’ve implemented this now totally meaning you can only be tried for a crime by the country you are a citizen of then you’ve effectively created perfect immunity for assassins, cartels, human traffickers, and spies.

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Ethel mermania
Post Overlord
 
Posts: 126507
Founded: Aug 20, 2010
Libertarian Police State

Postby Ethel mermania » Wed Jun 22, 2022 10:11 am

For you as an expat, yes its much better. For the concept of national sovereignty, not so much.
The West won the world not by the superiority of its ideas or values or religion … but rather by its superiority in applying organized violence. Westerners often forget this fact; non-Westerners never do.

The most fundamental problem of politics is not the control of wickedness but the limitation of righteousness. 



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Infected Mushroom
Post Czar
 
Posts: 38837
Founded: Apr 15, 2014
Corrupt Dictatorship

Postby Infected Mushroom » Wed Jun 22, 2022 6:28 pm

This would undermine the authority of states in their own rightful territorial domains. I don’t like this so much.

If I’m in China then it should be clear that laws stemming from China control me.

If I’m in the USA, it should be clear it’s US law. And so forth.


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