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Sovereignty in Flux

An in-depth, scholarly analysis of international concessions and leases, exploring historical and contemporary territorial arrangements and the exercise of sovereign rights across borders.

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Core Definitions

International Concession

In the context of international relations, a concession is defined as a "synallagmatic act by which a State transfers the exercise of rights or functions proper to itself to a foreign private entity which, in turn, participates in the performance of public functions and thus gains a privileged position vis-ร -vis other private law subjects within the jurisdiction of the State concerned."[1] These arrangements are primarily governed by the municipal law of the conceding state, though principles of international law may sometimes apply in cases of state succession.

International Lease

An international lease is an arrangement where territory is leased or pledged by the owner-State to another State. In such cases, sovereignty is transferred to the lessee State for the duration of the lease.[2] While the term can broadly refer to property leasing between states, a true "international lease" or "political lease" involves the transfer of sovereignty for a defined period, with the terminability of such leases now widely accepted.

American Concessions & Leases

Current Arrangements

The United States currently holds several significant concessions and leases:

  • Guantanamo Bay Naval Base: Leased in perpetuity from Cuba under treaties from 1903 and 1934. Cuba currently disputes the validity of this lease. The base operates under military command, without civilian administration.
  • Pituffik Space Base (Greenland): A rent-free concession granted in perpetuity to the United States by Denmark via the 1951 Greenland Defense Agreement, granting exclusive jurisdiction over the area.
  • Zangezur Corridor (Armenia): Designated as the "Trump Route for International Peace and Prosperity," this transport corridor is stipulated to be leased by the United States for 99 years under the 2025 Armeniaโ€“Azerbaijan peace agreement.
  • ABMC Cemeteries & Monuments: Numerous cemeteries and monuments administered by the American Battle Monuments Commission are located across Belgium, Cuba, France, Gibraltar, Italy, Luxembourg, Mexico, Morocco, the Netherlands, Panama, Papua New Guinea, the Philippines, the Solomon Islands, South Korea, Tunisia, and the United Kingdom. Notable sites include the Normandy American Cemetery and Memorial in France and the John F. Kennedy Memorial at Runnymede in the UK.

Austro-Hungarian Concessions

Tianjin Concession

The Austro-Hungarian concession in Tianjin (Tientsin), China, was established in 1901 and officially surrendered by Austria in 1919 and Hungary in 1920, following the terms of the Treaty of Saint-Germain and the Treaty of Trianon, respectively.

Belgian Concessions

Historical Holdings

Belgium has held several concessions historically:

  • Santo Tomรกs (Guatemala): Granted in perpetuity by the Guatemalan parliament in 1843 to the Compagnie belge de colonisation, though Belgian efforts ceased due to financial and climatic challenges.
  • Lado Enclave (Anglo-Egyptian Sudan): Leased to the Congo Free State (in personal union with Belgium under King Leopold II) from 1894 to 1910.
  • Tianjin Concession (China): Held from 1902 to 1931.

British Concessions & Leases

Global Holdings

The United Kingdom has historically held significant concessions and leased territories:

  • New Territories (Hong Kong): Leased from China for 99 years from 1898 under the Convention for the Extension of Hong Kong Territory. All of Hong Kong was restored to China in 1997.
  • Shanghai Concession (China): Established in 1846, later merged with the American concession to form the International Settlement in 1863.
  • North Borneo: Concessionary rights were acquired from the Sultans of Brunei and Sulu starting in 1877, leading to the establishment of British North Borneo.
  • Tianjin Concession (China): Held under a lease in perpetuity, managed similarly to other concessions in China.
  • Shamian Island (Guangzhou, China): A British concession on Shamian Island.
  • Namwan Assigned Tract: Leased from the Mengmao Chiefdom under Qing China to British India.

Canadian Concessions

Vimy Ridge Memorial

Following World War I, France granted Canada perpetual use of a portion of land on Vimy Ridge to establish a battlefield park and memorial, the Canadian National Vimy Memorial.

Chinese Concessions

Korean Concessions

Between 1882 and 1884, the Qing Empire obtained concessions in Korea (Incheon, Busan, Wonsan). These were occupied by Japan in 1894 and formally abolished in 1898 after China's defeat in the First Sino-Japanese War.

Dutch Concessions

Dejima Trading Post

The Dutch East India Company operated a trading post on Hirado, Japan, from 1609. Following the Shimabara Rebellion and subsequent isolation policies, the Dutch were moved to Dejima in Nagasaki in 1641. This post was abolished after Japan's treaty with the United States in 1858.

French Concessions

Holdings in Asia

France historically held several concessions, particularly in China:

  • Shanghai French Concession (China): Established in 1849, relinquished by Vichy France and formally returned to China by France in 1946.
  • Tianjin Concession (China): Held from 1860 to 1946.
  • Guangzhouwan Leased Territory (China): Held from 1898 to 1945.
  • Hankou Concession (China): Held from 1898 to 1946.
  • Shamian Island Concession (Guangzhou, China): Held from 1861 to 1946.

Finnish Leases

Saimaa Canal

The Saimaa Canal, located on the border with Russia, is leased from Russia under treaties from 1963 and 2010 for a period of 50 years, involving civilian and commercial administration.

German Concessions

Concessions in China

Germany held several concessions in China:

  • Qingdao (Kiautschou Bay concession): Leased for 99 years from 1898, occupied by Japan in 1914 and lease canceled by the Republic of China.
  • Tianjin Concession (Tientsin): A German concession in Tianjin.
  • Hankou Concession: One of the concessions in Hankou (now Wuhan).

Italian Concessions

Tianjin Concession

The Italian concession in Tianjin (Tientsin) was conceded by Qing China in 1901. It was occupied by Japan during World War II and formally returned to Nationalist China in 1947 via a peace treaty.

Japanese Concessions

Holdings

Japan held concessions in China and Korea:

  • China:
    • Tianjin Concession (Tientsin).
    • Hankou Concession (now part of Wuhan).
  • Korea (Chosen): Busan and Incheon, prior to the annexation of Korea by Japan in 1910.

Portuguese Concessions

Historical Territories

Portugal's historical concessions and colonial territories include:

  • Macau: Initially permitted as a settlement in the mid-16th century, leased from China from 1670. It became a Portuguese colony and sovereignty was transferred to China in 1999.
  • Portuguese India: Acquired trading rights and established posts along the Malabar Coast from 1498, notably conquering Goa in 1510.
  • Nagasaki and Dejima (Japan): Jurisdiction over Nagasaki was ceded to Jesuits in 1580, later under direct control by Toyotomi Hideyoshi. Portuguese were confined to Dejima and later banished.
  • During the Iberian Union (1580-1640), all Portuguese concessions in Africa and Asia were also Spanish concessions.

Russian & Soviet Concessions/Leases

Strategic Holdings

Russia and the Soviet Union have held various concessions and leases:

  • Tianjin Concession (Tientsin): A Russian concession.
  • Hankou Concession: One of the concessions in Hankou (now Wuhan).
  • Hanko Peninsula (Finland): Leased by the Soviet Union from Finland for 30 years (until 1970) as a naval base under the Moscow Peace Treaty (1940). The lease was renounced early in the Paris Peace Treaty (1947).
  • Porkkalanniemi (Finland): Later leased as a naval base after Hanko. Returned to Finland in 1956.
  • Khmeimim Air Base (Syria): Leased to the Russian government for 49 years, with extraterritorial jurisdiction.
  • Transbaikal Region (Russia): Since 2015, Russia agreed to lease 300,000 hectares to China for 50 years, a move that generated significant controversy and anxiety within Russia due to the potential influx of Chinese workers.

Spanish Concessions

Influence in Asia and Pacific

Spain's historical claims and concessions include:

  • Sultanate of Sulu Possessions: In 1878, Spain forced the Sultan of Sulu to relinquish sovereign rights over his possessions, establishing limited Spanish control in military stations and garrisons. The Madrid Protocol of 1885 cemented Spanish influence over the Philippines while Spain relinquished claims to North Borneo to Britain.
  • Sultanate of Tidore: Spain established alliances and forts in the 16th century.
  • During the Iberian Union (1580-1640), Spain controlled former Portuguese concessions in Africa and Asia.

Jointly Held Concessions

International Settlements

Several locations were administered as international settlements, involving multiple nations:

  • Shanghai International Settlement (China): Formed in 1863 by the union of American and British concessions, it expanded over time and involved numerous countries. Its administration evolved, and it was eventually dissolved.
  • Gulangyu International Settlement (China): Established in 1903 after a charter was signed by consuls from multiple nations, including Great Britain, the United States, Germany, France, and Japan.
  • Beijing Legation Quarter: A de facto concession area in Beijing.
  • Tangier International Zone (Morocco): Established under joint administration by Spain, France, and the UK via the Paris Convention (1923), later expanded to include other nations. Its administration evolved significantly after World War II.
  • Dobruja: Occupied by the Central Powers and established as a joint condominium by Romania and Bulgaria under the Treaty of Bucharest (1918).

United Nations Concessions & Headquarters

Global Presence

The United Nations operates several key facilities under specific jurisdictional arrangements:

  • UN Headquarters (New York City): Operates under U.S. laws in exchange for services like police and fire protection.
  • Palace of Nations (Geneva): UN office.
  • Vienna International Centre: UN complex.
  • UN Office in Nairobi: Headquarters for UNEP and UN-Habitat.
  • UN Offices in Bonn.
  • International Court of Justice (The Hague): UN-owned court.
  • International Tribunal for the Law of the Sea (Hamburg): UN-owned tribunal.
  • Other UN offices globally.

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References

References

  1.  William C. Johnstone, "International Relations: The Status of Foreign Concessions and Settlements in the Treaty Ports of China", The American Political Science Review, no 5, Oct. 1937, p. 942.
  2.  Stuart, Graham Henry (1955) [1931]. The international city of Tangier. Stanford books in world politics (en inglรƒยฉs) (2da ediciรƒยณn). Redwood City, Estados Unidos: Stanford University Press. OCLC 59027016.
A full list of references for this article are available at the Concessions and leases in international relations Wikipedia page

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Important Notice for Scholars

This document has been generated by an Artificial Intelligence, synthesizing information from publicly available academic sources, primarily Wikipedia. It is intended for advanced academic study and informational purposes only.

This is not legal or diplomatic advice. The content presented herein is a scholarly overview and should not be construed as professional legal counsel, diplomatic consultation, or definitive historical interpretation. The complexities of international law, sovereignty, and treaty obligations require consultation with qualified experts in international relations and law. The information provided is based on data that may not be exhaustive, entirely current, or reflect all nuances of these intricate subjects.

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