Capitulation (treaty)

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A capitulation (from Lat. caput [1] ) is a treaty or unilateral contract by which a sovereign state relinquishes jurisdiction within its borders over the subjects of a foreign state.[ citation needed ] As a result, the foreign subjects are immune, for most civil and criminal purposes, from actions by courts and other governmental institutions in the state that makes the capitulation.[ citation needed ]

Treaty express agreement under international law entered into by actors in international law

A treaty is an agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an (international) agreement, protocol, covenant, convention, pact, or exchange of letters, among other terms. Regardless of terminology, all of these forms of agreements are, under international law, equally considered treaties and the rules are the same.

Contract agreement having a lawful object entered into voluntarily by multiple parties

A contract is a legally-binding agreement which recognises and governs the rights and duties of the parties to the agreement. A contract is legally enforceable because it meets the requirements and approval of the law. An agreement typically involves the exchange of goods, services, money, or promises of any of those. In the event of breach of contract, the law awards the injured party access to legal remedies such as damages and cancellation.

Sovereign state political organization with a centralized independent government

In international law, a sovereign state, sovereign country, or simply state, is a nonphysical juridical entity that is represented by one centralized government that has sovereignty over a geographic area. International law defines sovereign states as having a permanent population, defined territory, one government, and the capacity to enter into relations with other sovereign states. It is also normally understood that a sovereign state is neither dependent on nor subjected to any other power or state.

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Historical examples

In Turkey arrangements termed capitulations, and treaties confirmatory of them, have been made between the Porte and other states by which foreigners resident in Turkey are subject to the laws of their respective countries.

Turkey Republic in Western Asia

Turkey, officially the Republic of Turkey, is a transcontinental country located mainly in Western Asia, with a smaller portion on the Balkan Peninsula in Southeast Europe. East Thrace, located in Europe, is separated from Anatolia by the Sea of Marmara, the Bosphorous strait and the Dardanelles. Turkey is bordered by Greece and Bulgaria to its northwest; Georgia to its northeast; Armenia, the Azerbaijani exclave of Nakhchivan and Iran to the east; and Iraq and Syria to the south. Ankara is its capital but Istanbul is the country's largest city. Approximately 70 to 80 per cent of the country's citizens identify as Turkish. Kurds are the largest minority; the size of the Kurdish population is a subject of dispute with estimates placing the figure at anywhere from 12 to 25 per cent of the population.

In the 9th century, the caliph Harun al-Rashid granted guarantees and commercial facilities to such Franks, subjects of the emperor Charlemagne, as should visit the East with the authorization of their emperor. After the break-up of the Frankish empire, similar concessions were made to some of the practically independent Italian city-states that grew up on its ruins. Thus, in 1098, the prince of Antioch granted a charter of this nature to the city of Genoa; the king of Jerusalem extended the same privilege to Venice in 1123 and to Marseille in 1136. Saladin, sultan of Babylon (Cairo), granted a charter to the town of Pisa in 1173. The Byzantine Emperors followed this example, and Genoa, Pisa and Venice all obtained capitulations.

Harun al-Rashid the fifth Abbasid Caliph

Harun al-Rashid was the fifth Abbasid Caliph. His birth date is debated, with various sources giving dates from 763 to 766. His epithet "al-Rashid" translates to "the Orthodox," "the Just," "the Upright," or "the Rightly-Guided." Al-Rashid ruled from 786 to 809, during the peak of the Islamic Golden Age. He established the legendary library Bayt al-Hikma in Baghdad in present-day Iraq, and during his rule Baghdad began to flourish as a center of knowledge, culture and trade. During his rule, the family of Barmakids, which played a deciding role in establishing the Abbasid Caliphate, declined gradually. In 796, he moved his court and government to Raqqa in present-day Syria.

Franks people

The Franks were a collection of Germanic peoples, whose name was first mentioned in 3rd century Roman sources, associated with tribes on the Lower and Middle Rhine, on the edge of the Roman Empire. Later the term was associated with Romanized Germanic dynasties within the collapsing Roman Empire, who eventually commanded the whole region between the rivers Loire and Rhine. They then imposed power over many other post-Roman kingdoms and Germanic peoples, and still later they were given recognition by the Catholic Church as successors to the old rulers of the Western Roman Empire.

Charlemagne King of the Franks, King of Italy, and Holy Roman Emperor

Charlemagne or Charles the Great, numbered Charles I, was King of the Franks from 768, King of the Lombards from 774, and Holy Roman Emperor from 800. He united much of western and central Europe during the Early Middle Ages. He was the first recognised emperor to rule from western Europe since the fall of the Western Roman Empire three centuries earlier. The expanded Frankish state that Charlemagne founded is called the Carolingian Empire. He was later canonized by Antipope Paschal III.

The explanation of the practice is to be found in the fact that the sovereignty of the state was held in those ages to apply only to its subjects; foreigners were excluded from its rights and obligations. The privilege of citizenship was considered too precious to be extended to the alien, who was long practically an outlaw. But when the numbers, wealth, and power of foreigners residing within the state became too great, it was found to be politic to subject them to some law, and it was held that this law should be their own. When the Turkish rule was substituted for that of the Byzantine emperors, the system already in existence was continued; the various non-Muslim peoples were allowed their semi-autonomy in matters affecting their personal status, and the Genoese of Galata were confirmed in their privileges.

Citizenship is the status of a person recognized under the custom or law as being a legal member of a sovereign state or belonging to a nation.

Galata

Galata was a neighbourhood opposite Constantinople, located at the northern shore of the Golden Horn, the inlet which separates it from the historic peninsula of old Constantinople. The Golden Horn is crossed by several bridges, most notably the Galata Bridge. The medieval citadel of Galata was a colony of the Republic of Genoa between 1273 and 1453. The famous Galata Tower was built by the Genoese in 1348 at the northernmost and highest point of the citadel. At present, Galata is a quarter within the borough of Beyoğlu (Pera) in Istanbul, and is known as Karaköy.

The treaty of 1641 between the Netherlands and Portugal contains the first European formula. Cromwell continued the commercial treaty policy partly in order to obtain a formal recognition of the Commonwealth from foreign powers. His treaty of 1654 with Sweden contains the first reciprocal most favored nation clause: Article IV provides that the people, subjects and inhabitants of either confederate shall have and possess in the countries, lands, dominions and kingdoms of the other as full and ample privileges, and as many exemptions, immunities and liberties, as any foreigner doth or shall possess in the dominions and kingdoms of the said confederate. The government of the Restoration replaced and enlarged the Protectorate arrangements by fresh agreements. The general policy of the Commonwealth was maintained, with further provisions on behalf of colonial trade. In the new treaty of 1661 with Sweden the privileges secured were those that any foreigner should enjoy in the dominions and kingdoms on both sides.

Netherlands Constituent country of the Kingdom of the Netherlands in Europe

The Netherlands is a country located mainly in Northwestern Europe. The European portion of the Netherlands consists of twelve separate provinces that border Germany to the east, Belgium to the south, and the North Sea to the northwest, with maritime borders in the North Sea with Belgium, Germany and the United Kingdom. Together with three island territories in the Caribbean Sea—Bonaire, Sint Eustatius and Saba— it forms a constituent country of the Kingdom of the Netherlands. The official language is Dutch, but a secondary official language in the province of Friesland is West Frisian.

Portugal Republic in Southwestern Europe

Portugal, officially the Portuguese Republic, is a country located mostly on the Iberian Peninsula in southwestern Europe. It is the westernmost sovereign state of mainland Europe. It is bordered to the west and south by the Atlantic Ocean and to the north and east by Spain. Its territory also includes the Atlantic archipelagos of the Azores and Madeira, both autonomous regions with their own regional governments.

Oliver Cromwell 17th-century English military and political leader

Oliver Cromwell was an English military and political leader. He served as Lord Protector of the Commonwealth of England, Scotland, and Ireland from 1653 until his death, acting simultaneously as head of state and head of government of the new republic.

The English capitulations date from 1569, and then secured the same treatment as the Venetians, French, Poles and the subjects of the emperor of Germany; they were revised in 1675, and as then settled were confirmed by treaties of subsequent date now and for ever.

England Country in north-west Europe, part of the United Kingdom

England is a country that is part of the United Kingdom. It shares land borders with Wales to the west and Scotland to the north-northwest. The Irish Sea lies west of England and the Celtic Sea lies to the southwest. England is separated from continental Europe by the North Sea to the east and the English Channel to the south. The country covers five-eighths of the island of Great Britain, which lies in the North Atlantic, and includes over 100 smaller islands, such as the Isles of Scilly and the Isle of Wight.

France Republic with mainland in Europe and numerous oversea territories

France, officially the French Republic, is a country whose territory consists of metropolitan France in Western Europe and several overseas regions and territories. The metropolitan area of France extends from the Mediterranean Sea to the English Channel and the North Sea, and from the Rhine to the Atlantic Ocean. It is bordered by Belgium, Luxembourg and Germany to the northeast, Switzerland and Italy to the east, and Andorra and Spain to the south. The overseas territories include French Guiana in South America and several islands in the Atlantic, Pacific and Indian oceans. The country's 18 integral regions span a combined area of 643,801 square kilometres (248,573 sq mi) and a total population of 67.3 million. France, a sovereign state, is a unitary semi-presidential republic with its capital in Paris, the country's largest city and main cultural and commercial centre. Other major urban areas include Lyon, Marseille, Toulouse, Bordeaux, Lille and Nice.

Poland republic in Central Europe

Poland, officially the Republic of Poland, is a country located in Central Europe. It is divided into 16 administrative subdivisions, covering an area of 312,696 square kilometres (120,733 sq mi), and has a largely temperate seasonal climate. With a population of approximately 38.5 million people, Poland is the sixth most populous member state of the European Union. Poland's capital and largest metropolis is Warsaw. Other major cities include Kraków, Łódź, Wrocław, Poznań, Gdańsk, and Szczecin.

Swiss capitulations

The extensive employment of Swiss mercenaries by the French monarchy between 1444 and 1792, was governed by contracts. Concluded between the French monarchy and individual Swiss cantons or noble families, these documents were known as "capitulations", because of a standard format which involved the division of the document into capitula (chapters). While differing in details, the usual agreement covered commitments such as the number of soldiers to be provided, payments or other benefits, and immunity from French law. [2]

See also

Notes and references

  1. The Low-Latin diminutive of caput is capitulum, as indicating the form in which these acts were set down in chapters; the Greek equivalent, cephaleosis, is occasionally used in works of the 17th century.[ citation needed ]
  2. Tozzi, Christopher J. Nationalizing France's Army. p. 20. ISBN   978-0-8139-3833-2.

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An electoral capitulation was a written agreement in parts of mediaeval Europe in which an imperial candidate made commitments about what he would do in the event of his election, but which could also specify how his responsibilities would be regulated and place limitations on his authority to exercise power.