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An enclave is defined in international law as any portion of a state that is entirely surrounded by the territory of another state.[1] It follows from this definition that for an area to be considered an enclave, it must not be a sovereign state and it must not be entered or exited without the need to enter the territory of another state, either by land, sea or air. Enclaves, which were quite numerous in past centuries, are now very uncommon. The concept of enclave is applicable at both the international and sub-national level.
Somewhat abusively, the word enclave has progressively come into common usage to denote also any non-sovereign or sovereign territory, generally a small coastal territory, that is partly surrounded by one or several larger states. Thus, coastal territories such as Gibraltar, Ceuta, Monaco, Kaliningrad, Cabinda, etc., which can all be easily entered or exited by air or sea without the need to enter the territory of another state, are nevertheless called enclaves.[2] The expression "true enclave" is often used to denote territories that correspond to the strict definition of an enclave.
An exclave is defined as a portion of a country geographically separated from the main part by surrounding alien territory.[3] Basically, an exclave is the enclave seen from the viewpoint of the main part. Thus, in Fig. 1 at right, C is an enclave from the viewpoint of A but an exclave from the viewpoint of B, the main part. The word exclave is much less common than enclave, which tends to be the generic to denote both concepts.
In Fig. 2 at right, C is again an exclave of B, but is not an enclave, because it has boundaries with more than one entity.
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).[4] 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.[5] In law, this created a servitude[6] of passage for the benefit of the owner of the surrounded land.
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 continued and continue[7] to be used. In British administrative history, subnational eclaves were usually called detachments or detached parts, and national enclaves as detached districts or detached dominions.[8] In English ecclesiastic history, subnational enclaves were known as peculiars (see also Royal Peculiar).
The word exclave, modeled on enclave,[9] is a logical extension of the concept of enclave.
Enclaves may be created for a variety of historical, political or geographical reasons. Some areas have been left as enclaves by changes in the course of a river.
Since living in an enclave can be very inconvenient and many agreements have to be found by both countries over mail addresses, power supply or passage rights, enclaves tend to be eliminated and many cases that existed before have now been removed. The governments of India and Bangladesh have been pressed to resolve the complex system of enclaves along their border – persons in these enclaves have complained of being effectively stateless.[10] In 2011, India and Bangladesh signed a leasehold agreement regarding the Tin Bigha Corridor.
Many exclaves today have an independence movement, especially if the exclave is far away from the mainland.
Template:See A true enclave is a territory over which a nation is sovereign, but that cannot be reached without passing through territory of the one and only foreign nation that surrounds it. Two examples include Büsingen, a true enclave of Germany, and Campione d'Italia, a true enclave of Italy, both surrounded by Switzerland.
An 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 enclaves of West Berlin, such as Steinstücken, were separated from the city, some by only a few meters.) 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.
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 enclaves in Africa, Australia and the Americas (each such enclave being surrounded by the territorial waters of another country).
Template:SeeSome enclaves are countries in their own right, completely surrounded by another one, and therefore not exclaves. Three such sovereign countries exist:
The principality of Monaco is not an enclave, although it only borders France, because it also possesses a coastline and territorial waters; thus, it is not completely surrounded by another country. Similarly, The Gambia is not an enclave.
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 re-absorption in 1994. Others remained under government rule from 1948 to 1994. Being heavily partitioned, various parts of these Bantustans were true enclaves.
The USA's constitutional principle of tribal sovereignty treats federally-recognized Indian reservations as quasi-independent enclaves.
The same would apply for Indian Reserves in Canada and Aboriginal reserves in Australia.[dubious – discuss]
Template:See The Scottish Court in the Netherlands, at Camp Zeist near Utrecht, was temporarily declared as sovereign territory of the United Kingdom under Scottish 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. It was also so during the appeal of the man convicted. The court was first convened in 1999, and the land returned to the Netherlands in 2002.
In Fig. 1 above, C is both a true enclave and a true exclave. In Fig. 2 above, C is a true exclave of B, but it is not an enclave, because it has boundaries with more than one entity.
Template:See Sometimes, administrative divisions of a country, for historical or practical reasons, caused some areas to belong to one division while being attached to another.
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.
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.
Template:See Pene-enclaves and pene-exclaves are regions that are not conterminous with the main land region, that are not entirely surrounded by alien land or alien territorial waters, and that have land access only through a second country. Hence, they 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). Alaska is the largest pene-exclave in the world. 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.
Inaccessible districts are regions that are conterminous with the main land region but that are only easily accessible by going through a second country.
Conversely, a territory that is an exclave but does not function as one (instead functioning as an adjacent part of the main nation) is deemed a "quasi-exclave".(Robinson 1959)
Embassies and 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 of extraterritoriality are not true enclaves as they are still part of the host country. In addition to embassies, some other areas have extraterritoriality.
Examples of this include:
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.
Changes in borders can make a railway that was previously located solely within a country traverse the new borders. Since railways are much more expensive than roads to rebuild to avoid this problem, the criss-cross arrangement tends to last a long time. With passenger trains this may mean that doors on carriages 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:
Borders have occasionally been shifted for the purpose of avoiding an inconvenient arrangement. An example is the Gadsden Purchase, in which the United States bought land from Mexico on which it was planned to build a southern route for the transcontinental railroad. Owing to the topography of the area, acquisition of the land was the only feasible way to construct such a railroad through the southern New Mexico Territory.
This arrangement is less common as highways are more easily re-aligned, as noted above. Examples include:
Several bridges cross the rivers Oder and Neisse between Germany and Poland. To avoid needing to coordinate their efforts on a single bridge, the two riparian states assign each bridge to one or the other; thus Poland is responsible for all maintenance on some of the bridges, including the German side, and vice versa.[47]
The Hallein Salt Mine crosses from Austria into Germany. Under an 1829 treaty Austria can dig under the then-Kingdom of Bavaria. In return some salt has to be given to Bavaria, and up to 99 of its citizens can be hired to work in the Austrian mine.[48]
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