Chapter 7 Public-Private Colonialism: Extraterritoriality in the Shanghai International Settlement
In: International Law in the Long Nineteenth Century (1776-1914)Search for other papers by Stefan Kroll in
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Abstract
Extraterritoriality was an essential feature of the so-called European expansion in the nineteenth century. The term extraterritoriality is associated with various manifestations of Western dominance in non-European areas. Within a context of semi-colonialism, extraterritoriality implied the exemption of foreigners from local jurisdiction as well as the exercise of political and judicial authority by consular courts in Western settlements. This paper discusses the extraterritoriality within the Shanghai International Settlement (1863–1941). Political and judicial authority were fragmented here between Chinese authorities, the Consular Body and the Shanghai Municipal Council (smc); the latter being a cabinet of elected business representatives which de facto governed the International Settlement. The chapter illustrates the overlap and tensions of these different authorities by the Subao-Case. Altogether the chapter is a contribution to recently reappearing debates on extraterritoriality.