The jurisdiction that a consul has over his own nationals residing in the country of his posting. In practice, the trial was sometimes conducted by judges other than the consul or by diplomats, or in a mixed court set up by the countries concerned, where judges were provided by each party. In such cases, the application of the laws of the country of residence and the jurisdiction of the country of residence are excluded, so it was also called extraterritoriality. In Islamic countries, law and religion are closely linked, and non-believers are not considered to be entitled to the application of the law, so initially Christian countries had their consuls try their nationals living in Islamic countries according to their own country's laws. Source: Heibonsha World Encyclopedia, 2nd Edition Information |
領事が任地国内に居住する自国民にもつ裁判権。実際には領事以外の裁判官や外交官が裁判したり,関係国が裁判官を出しあって設けた混合裁判所で裁判することもあった。この場合,居住国の法律の適用や裁判権が排除されるため治外法権とも呼ばれた。イスラム国家では法と宗教が密着し,異教徒である外国人は法の適用をうける資格がないとされたため,初めキリスト教国がイスラム国家に住む自国民を,領事が本国法に従って裁判したものであった。
出典 株式会社平凡社世界大百科事典 第2版について 情報 |
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