Enclave and exclave

"Enclave" redirects here. For other uses, see Enclave (disambiguation).

An enclave is a territory, or a part of a territory, that is entirely surrounded by the territory of another state.[1] Territorial waters have the same sovereign attributes as land, and enclaves may therefore exist within territorial waters.[2]:60 An exclave is a portion of a state geographically separated from the main part by surrounding alien territory.[3] Many exclaves are also enclaves. Enclave is sometimes used improperly to denote a territory that is only partly surrounded by another state.[1] San Marino and Lesotho are examples of enclaved states. Unlike an enclave, an exclave can be surrounded by several states.[4] Naxçivan is such an exclave.

Semi-enclaves and semi-exclaves are areas that, except for possessing an unsurrounded sea border, would otherwise be enclaves or exclaves.[4]:116[5]:12–14 Enclaves and semi-enclaves can exist as independent states (Monaco, Gambia and Brunei are semi-enclaves), while exclaves always constitute just a part of a sovereign state.[4]

A pene-enclave is a part of the territory of one country that can be approached conveniently — in particular by wheeled traffic — only through the territory of another country.[6]:283 Pene-enclaves are also called functional enclaves or practical enclaves.[5]:31 Many pene-exclaves partially border their own territorial waters (i.e., they are not surrounded by other nations' territorial waters). A pene-enclave can also exist entirely on land, such as when intervening mountains render a territory inaccessible from other parts of a country except through alien territory. A commonly cited example is the Kleinwalsertal, a valley part of Vorarlberg, Austria, that is only accessible from Germany to the north.

Origin and usage

The word enclave is French and first appeared in the mid-15th century as a derivative of the verb enclaver (1283), from the colloquial Latin inclavare (to close with a key).[7] Originally, it was a term of property law that denoted the situation of a land or parcel of land surrounded by land owned by a different owner, and that could not be reached for its exploitation in a practical and sufficient manner without crossing the surrounding land.[7] In law, this created a servitude[8] of passage for the benefit of the owner of the surrounded land. The first diplomatic document to contain the word enclave was the Treaty of Madrid, signed in 1526.[2]:61

Later, the term enclave began to be used also to refer to parcels of countries, counties, fiefs, communes, towns, parishes, etc. that were surrounded by alien territory. This French word eventually entered the English and other languages to denote the same concept although local terms have continued to be used. In India, the word "pocket" is often used as a synonym for enclave (such as "the pockets of Puducherry district").[9] In British administrative history, subnational enclaves were usually called detachments or detached parts, and national enclaves as detached districts or detached dominions.[10] In English ecclesiastic history, subnational enclaves were known as peculiars (see also Royal Peculiar).

The word exclave, modeled on enclave,[11] is a logical extension of the concept of enclave.

Characteristics

Explicative diagram of territorial discontinuities: Enclaves and exclaves
Different territories (countries, states, counties, municipalities, etc.) are represented by different colours and letters; separated parts of the same territory are represented by the same colour and letter, with a different number added to each smaller part of that territory (the main part is identified by the letter only).
  • A (red):
    • possesses 3 exclaves (A1, A2 and A3): it is impossible to go from the main part of A to any of these parts going only through territory of A; however:
      • A1 and A2 are not enclaves: neither of them is surrounded by a single "foreign" territory;
      • A3 is an enclave: it is totally surrounded by B;
    • contains 1 enclave (E): "foreign" territory totally surrounded by territory of A;
    • possesses 2 counter-enclaves, or second-order enclaves (A4 and A5): territories belonging to A which are encroached inside the enclave E;
    • contains 1 counter-counter-enclave, or third-order enclave (E1).
  • B (yellow):
    • contains 2 enclaves (A3 and D).
  • C (green):
    • continuous territory.
  • D (orange):
    • is an enclaved territory: it is territorially continuous, but its territory is totally surrounded by a single "foreign" territory (B).
  • E (purple):
    • is an enclaved territory: it is encroached inside A;
    • contains 2 enclaves (A4 and A5), which are counter-enclaves of A;
    • possesses 1 counter-enclave (E1), which is a counter-counter-enclave as viewed by A and contained within A5.
In topological terms, A and E are non-connected surfaces, and B, C and D are connected surfaces. However, C and D are also simply connected surfaces, while B is not (it has genus 2, the number of "holes" in B).

Enclaves exist for a variety of historical, political and geographical reasons. For example, in the feudal system in Europe, the ownership of feudal domains was often transferred or partitioned, either through purchase and sale or through inheritance, and often such domains were or came to be surrounded by other domains. In particular, this state of affairs persisted into the 19th century in the Holy Roman Empire, and these domains (principalities, etc.) exhibited many of the characteristics of sovereign states. Prior to 1866 Prussia alone consisted of more than 270 discontiguous pieces of territory.[2]:61

Residing in an enclave within another country has often involved difficulties in such areas as passage rights, importing goods, currency, provision of utilities and health services, and host nation cooperation. Thus, over time enclaves have tended to be eliminated. For example, two-thirds of the then-existing national-level enclaves were extinguished on August 1, 2015, when the governments of India and Bangladesh implemented a Land Boundary Agreement that exchanged 162 first-order enclaves (111 Indian and 51 Bangladeshi). This exchange thus effectively de-enclaved another two dozen second-order enclaves and one third-order enclave, eliminating 197 of the Indo-Bangladesh enclaves in all. The residents in these enclaves had complained of being effectively stateless. Only Bangladesh's Dahagram–Angarpota enclave remained.

Enclave versus exclave

For illustration, in the figure (right), A1 is a semi-enclave (attached to C and also bounded by water that only touches C's territorial water). Although A2 is an exclave of A, it cannot be classed as an enclave because it shares borders with B and C. The territory A3 is both an exclave of A and an enclave from the viewpoint of B. The singular territory D, although an enclave, is not an exclave.

True enclaves

Further information: List of enclaves and exclaves

An enclave is a part of the territory of a state that is enclosed within the territory of another state. To distinguish the parts of a state entirely enclosed in a single other state, they are called "true enclaves".[5]:10 A true enclave cannot be reached without passing through the territory of a single other state that surrounds it. Vinokurov (2007) calls this the restrictive definition of "enclave" given by international law, which thus "comprises only so-called 'true enclaves'".[5]:10 Two examples are Büsingen, a true enclave of Germany, and Campione d'Italia, a true enclave of Italy, both surrounded by Switzerland.

The definition of a territory comprises both land territory and territorial waters. In the case of enclaves in territorial waters, they are called maritime (those surrounded by territorial sea) or lacustrine (if in a lake) enclaves.[5]:10 Most of the true national-level enclaves now existing are in Asia and Europe. While subnational enclaves are numerous the world over, there are only a few national-level true enclaves in Africa, Australia and the Americas (each such enclave being surrounded by the territorial waters of another country).

A historical example was West Berlin before the reunification of Germany, which was a de facto West German enclave, being enclaved by East Germany. (Also, 12 small West Berlin enclaves, such as Steinstücken, were separated from the city, some by only a few meters.[12]) All of Berlin was ruled de jure by the four Allied powers; however, the East German government and the Soviet Union treated East Berlin as an integral part of East Germany.

Enclaved countries

Three nations are completely surrounded by another country:

The Principality of Monaco is not an enclave, although it only borders France, because it possesses a coastline and territorial waters. For the same reason, The Gambia and Portugal and Canada are also not enclaves.

Historically, four of the Black homelands or Bantustans of South Africa were granted nominal independence, unrecognized internationally, by the Nationalist government from 1976 until their reabsorption in 1994. Others remained under government rule from 1948 to 1994. Being heavily partitioned, various parts of these Bantustans were true enclaves.

The United States' constitutional principle of tribal sovereignty treats federally-recognized Indian reservations as quasi-independent enclaves.

Temporary enclaves

The Scottish Court in the Netherlands, at Camp Zeist near Utrecht, was temporarily declared as sovereign territory of the United Kingdom under Scots law for the duration of the trial of those accused in the Lockerbie bombing, and was therefore an exclave of the United Kingdom, and of Scotland, and an enclave within the Netherlands. This was also so during the appeal against the conviction. The court was first convened in 1999, and the land returned to the Netherlands in 2002.[13][14]

True exclaves

Nakhichevan Autonomous Republic

True exclave is an extension of the concept of true enclave. Examples include:

Related constructs and terms

Semi-enclaves/exclaves

Semi-enclaves and semi-exclaves are areas that, except for possessing an unsurrounded sea border, would otherwise be enclaves or exclaves.[4]:116[5]:12–14 Semi-enclaves can exist as independent states that border only one other state, such as Monaco, Gambia and Brunei. Vinokurov (2007) declares, "Technically, Portugal, Denmark, and Canada also border only one foreign state, but they are not enclosed in the geographical, political, or economic sense. They have vast access to international waters. At the same time, there are states that, although in possession of sea access, are still enclosed by the territories of a foreign state."[5]:14 Therefore, a quantitative principle applies: the land boundary must be longer than the coastline. Thus a state is classified as a sovereign semi-enclave if it borders on just one state, and its land boundary is longer than its sea coastline.[5]:14, 20–22

Vinokurov affirms that "no similar quantitative criterion is needed to define the scope of non-sovereign semi-enclaves/exclaves."[5]:14, 26[16] Examples include:

Subnational enclaves and exclaves

Sometimes, administrative divisions of a country, for historical or practical reasons, caused some areas to belong to one division while being attached to another.

Kentucky Bend and surrounding area
  Missouri (MO)
  Tennessee (TN)
  Kentucky (KY)

"Practical" enclaves, exclaves and inaccessible districts

The term pene-exclave was defined in Robinson (1959) as "parts of the territory of one country that can be approached conveniently — in particular by wheeled traffic — only through the territory of another country."[6]:283 Thus, a pene-exclave has land borders with other territory but is not completely surrounded by the other's land or territorial waters.[18]:60 Catudal (1974)[19]:113 and Vinokurov (2007)[5]:31–33 further elaborate upon examples, including Point Roberts. "Although physical connections by water with Point Roberts are entirely within the sovereignty of the United States, land access is only possible through Canada."[19]

Pene-enclaves are also called functional enclaves or practical enclaves.[5]:31 They can exhibit continuity of state territory across territorial waters but, nevertheless, a discontinuity on land, such as in the case of Point Roberts.[5]:47 Along rivers that change course, pene-enclaves can be observed as complexes comprising many small pene-enclaves.[5]:50 A pene-enclave can also exist entirely on land, such as when intervening mountains render a territory, although geographically attached, inaccessible from other parts of a country except through alien territory. A commonly cited example is the Kleinwalsertal, a valley part of Vorarlberg, Austria, that is only accessible from Germany to the north, being separated from the rest of Austria by high mountains traversed by no roads. Another example is the Spanish village of Os de Civís accessible from Andorra.

Hence, such areas are enclaves or exclaves for practical purposes, without meeting the strict definition. Many pene-exclaves partially border the sea or another body of water, which comprises their own territorial waters (i.e., they are not surrounded by other nations' territorial waters). Because they border their own territorial waters in addition to a land border with another country, they are not true exclaves. Still, one cannot travel to them on land without going through another country. Attribution of a pene-enclave status to a territory can sometimes be disputed, depending on whether the territory is considered to be practically inaccessible from the mainland or not.[5]:33

Subnational "practical" enclaves, exclaves and inaccessible districts

Enclaves within enclaves

Map showing the non-contiguous Belgian exclaves of Baarle-Hertog in the Netherlands which, in turn, has Dutch enclaves within it.

It is possible for an enclave of one country to be completely surrounded by a part of another country that is itself an enclave of the first country.

Ethnic enclaves

An ethnic enclave is a community of an ethnic group inside an area in which another ethnic group predominates. Ghettos, Little Italys, barrios and Chinatowns are examples. These areas may have a separate language, culture and economic system.

Extraterritoriality

Diplomatic missions, such as embassies and consulates, as well as military bases, are usually exempted from the jurisdiction of the host country, i.e., the laws of the host nation in which an embassy is located do not typically apply to the land of the embassy or base itself. This exemption from the jurisdiction of the host country is defined as extraterritoriality. Areas and buildings enjoying some forms of extraterritoriality are not true enclaves since, in all cases, the host country retains full sovereignty. In addition to embassies, some other areas enjoy a limited form of extraterritoriality.

Examples of this include:

Land owned by a foreign country

Some areas of land in a country are owned by another country and in some cases it has special privileges, such as being exempt from taxes. These lands are not enclaves and do not have extraterritoriality since, in all cases, there is no transfer of sovereignty.

Examples of this include:

Land for the Captain Cook Monument was deeded outright to the British Government by the independent nation of Hawaii in 1877

Unusual cross-border transport channels

National railway passing through another state's territory

Changes in borders can make a railway that was previously located solely within a country traverse the new borders. Since diverting a railway is expensive, this arrangement may last a long time. This may mean that doors on passenger trains are locked and guarded to prevent illicit entry and exit while the train is temporarily in another country. Borders can also be in the "wrong" place, forcing railways into difficult terrain.

Examples include:

The Mauritania Railway. The inset shows the shorter route cutting through Western Sahara and the longer route within Mauritania through difficult terrain.

Highway of one state passing through another state's territory

This arrangement is less common as highways are more easily re-aligned. Examples include:

Subnational highway passing through other internal territory

Border transport infrastructure

See also

Lists:

Notes

  1. 1 2 Raton, Pierre (1958). "Les enclaves". Annuaire français de droit international. p. 186.
  2. 1 2 3 Melamid, Alexander (1968). Sills, David, ed. "Enclaves and Exclaves". International Encyclopedia of the Social Sciences 5 (The Macmillan Company & Free Press).
  3. Exclave. Webster's Encyclopedic Unabridged Dictionary of the English Language, 1989, p. 497
  4. 1 2 3 4 Rozhkov-Yuryevsky, Yuri (2013). "The concepts of enclave and exclave and their use in the political and geographical characteristic of the Kaliningrad region". Baltic Region (2): 113–123. doi:10.5922/2079-8555-2013-2-11.
  5. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Vinokurov, Evgeny (2007). The Theory of Enclaves. Lexington Books, Lanham, MD.
  6. 1 2 Robinson, G. W. S. (September 1959). "Exclaves". Annals of the Association of American Geographers 49 (3, [Part 1]): 283–295. doi:10.1111/j.1467-8306.1959.tb01614.x. JSTOR 2561461.
  7. 1 2 Le Grand Robert, Dictionnaire de la langue française, 2001, vol.III, p. 946.
  8. Servitude: Law. A right possessed by one person with respect to another's property, consisting either of a right to use the other's property, or a power to prevent certain uses of it. Webster's, p. 1304.
  9. "Government Jobs in BSNL : 01 Jobs Opening". jobresultsnic.in. Retrieved 2014-02-24.
  10. As can be seen on 18th. century maps of Germany and other European countries by British cartographers and publishers such as R. Wilkinson.
  11. Exclave. Webster's, p. 497.
  12. "Berlin Exclaves". Retrieved 2013-05-02.
  13. "Uncertain future for Camp Zeist". BBC News. 2002-03-14. Retrieved 2011-01-30. The former military base at Camp Zeist in Holland has been under Scottish jurisdiction for more than three years. The base was converted into a prison and a courtroom to provide the venue for the Lockerbie trial – the largest and most expensive ever conducted under Scots law.
  14. Statutory Instrument 1998 No. 2251 The High Court of Justiciary (Proceedings in the Netherlands) (United Nations) Order 1998
  15. "Assembly of Turkish American Associations". Ataa.org. Retrieved 2014-02-24.
  16. Vinokurov (2007), p. 29, also refers to semi-exclaves as a type of "mere exclave with sea connection to the mainland."
  17. "Map showing the existing police station limits". Retrieved 2013-09-30.
  18. Melamid (1968) states, "Contiguous territories of states which for all regular commercial and administrative purposes can be reached only through the territory of other states are called pene-enclaves (pene-exclaves). These have virtually the same characteristics as complete enclaves (exclaves)."
  19. 1 2 Catudal, Honoré M. (1974). "Exclaves". Cahiers de géographie du Québec 18 (43): 107–136. doi:10.7202/021178ar.
  20. Succession of States and Namibian territories, Y. Makonnen in Recueil Des Cours, 1986: Collected Courses of the Hague Academy of International Law, Academie de Droit International de la Haye, Martinus Nijhoff Publishers, 1987, page 213
  21. The Green and the dry wood: The Roman Catholic Church (Vicariate of Windhoek) and the Namibian socio-political situation, 1971-1981, Oblates of Mary Immaculate, 1983, page 6
  22. No. 203 of 1993: Transfer of Walvis Bay to Namibia Act, 1993.
  23. "Jervis Bay Territory Governance and Administration". Although the Jervis Bay Territory is not part of the Australian Capital Territory, the laws of the ACT apply, in so far as they are applicable and, providing they are not inconsistent with an Ordinance, in the Territory by virtue of the Jervis Bay Acceptance Act 1915. The Department of Regional Australia, Local Government, Arts and Sport. Retrieved 17 January 2013.
  24. "Google Maps route out of the county from one point on the county border to the other here".
  25. Instituto Geográfico do Exército: Territory of Santa Maria (Estremoz)
  26. Arocha, Magaly (May 1999). "La Orden de Malta y su Naturaleza Jurídica (The Order of Malta and Its Legal Nature)". Caracas, Distrito Capital, Venezuela: Analítica.com. Retrieved October 1, 2012.
  27. "Notification of the Ministry of Transport and Communications of the Czech Republic". 20 August 2001. Retrieved 2013-10-26.
  28. Jürgen Siebeck (23 October 2002). "Is Bohemia the sea?". Retrieved 2013-10-26.
  29. Zdeněk Vališ (28 April 2005). "Czech harbor in Hamburg, waiting for resurrection". Retrieved 2013-10-26.
  30. "Czech leased areas in Hamburg and Stettin". Retrieved 2013-10-26.
  31. "The Transport Agreement between the Czechoslovak Republic and the Polish People's Republic of 13 January 1956". Retrieved 2013-10-26.
  32. "domaines français de Sainte-Hélène". Domfrance.helanta.sh. Retrieved 2012-09-02.
  33. "Guernesey : Hauteville House". Paris.fr. 2012-08-28. Retrieved 2012-09-02.
  34. "The American Battle Monuments Commission". "The site, preserved since the war by the French Committee of the Pointe du Hoc, which erected an impressive granite monument at the edge of the cliff, was transferred to American control by formal agreement between the two governments on 11 January 1979 in Paris, with Ambassador Arthur A. Hartman signing for the United States and Secretary of State for Veterans Affairs Maurice Plantier signing for France". Retrieved October 29, 2012.
  35. "Canada And Vimy Ridge – Background Information – Veterans Affairs Canada". Retrieved 2012-04-09.
  36. Hickam, Homer H. (1996). Torpedo Junction: U-Boat War Off America's East Coast, 1942. Naval Institute Press. pp. 202–207. ISBN 1-55750-362-1.
  37. 1 2 "British Cemetery at Ocracoke, North Carolina". Retrieved 2013-02-24.
  38. "Historic Ocracoke Village – A Walking Tour". Retrieved 2013-02-24.
  39. "British Cemeteries". Retrieved 2013-02-24.
  40. Horwitz, Tony. Oct. 2003, Blue Latitudes: Boldly Going Where Captain Cook Has Gone Before, Bloomsbury, ISBN 0-7475-6455-8
  41. Erickson, Lt Clayton, RCN (2012). "Captain Cook Monument at Kealakekua Cleaned and Repaired". Cook's Log 35 (4). p. 38. Retrieved 2013-02-23.
  42. "Canadian Crew Cleans Cook Monument". 30 August 2012. Retrieved 2013-02-23.
  43. Harris, Francis (22 Jul 2006). "Don't mention the murder – how Hawaii forgot Capt. Cook". The Daily Telegraph (London). Retrieved 2013-02-23.
  44. Taylor, Albert P. "HOW HAWAII HONORED CAPTAIN COOK, R.N., IN 1928". p. 29. Retrieved 2013-02-23.
  45. MacFarlane, John M. (2012). "The Captain Cook Memorial at Kealakakua Bay Hawaii". Retrieved 2013-02-23.
  46. "John F. Kennedy Memorial Act". Google docs [unofficial copy]. Retrieved 2012-06-16.
  47. Evans, D. M. Emrys (1965). "John F. Kennedy Memorial Act, 1964". The Modern Law Review 28 (6): 703–706. JSTOR 1092388. (free registration required to read relevant text on page 704)
  48. "Franco-Turkish agreement of Ankara" (PDF) (in French and English). Retrieved 8 August 2014.
  49. 1 2 Railway Gazette International April 2008 p 240
  50. [Railways Africa 2014 issue 5, p29]
  51. 2006 Road Atlas Ireland, AA, pp. 36–37
  52. Jan S. Krogh's Geosite on Sørdalen valley
  53. Google Maps
  54. "Senegal may tunnel under Gambia". BBC News. 2005-09-21.
  55. http://www.afdb.org/fileadmin/uploads/afdb/Documents/Project-and-Operations/Multinational__The_Gambia-Senegal__-_AR_-_Construction_of_the_Trans-Gambia_Bridge_and_Cross_Border_Improvement_.pdf
  56. "Office of The Gambian President: State House Online: Yahya A.J.J. Jammeh". statehouse.gm.
  57. 1 2 Bessert, Christopher J. "Highways 20–29". Wisconsin Highways. Retrieved July 7, 2011.
  58. Riner, Steve. "Details of Routes 1–25". The Unofficial Minnesota Highways Page. Retrieved July 7, 2011.
  59. "Map of Douglas County, Wisconsin" (PDF). Retrieved 2014-09-08.
  60. Railway Gazette: Border bridges rebuilt Archived May 3, 2008, at the Wayback Machine.
  61. The log of the Water Lily, p. 84. Books.google.com. Retrieved 2014-02-24.
  62. "Ihr Bahnhof Basel Bad Bf" (PDF). Archived from the original (PDF) on 2007-09-30. Retrieved 2013-02-26.
  63. 1 2 "From The Straits Times Archives: Malayan Railway land in Singapore". The Straits Times. 31 October 2014. Retrieved 26 February 2015.
  64. "KTM Tg Pagar station will move to Woodlands in S'pore July 1, 2011 (Update)". The Star (Malaysia). 24 May 2010. Retrieved 26 February 2015.

References

External links

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