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Asylum

The document discusses two kinds of asylum: territorial asylum which is granted when a state provides asylum to someone within its own territory, and extra-territorial asylum which is granted when a state provides asylum outside its territory such as in its embassies. Territorial asylum is an exception to extradition and is backed by a state's control over its own territory. Extra-territorial asylum is governed by the principle of extraterritorial jurisdiction which grants immunity to a country's diplomats and officials in foreign embassies.

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42 views2 pages

Asylum

The document discusses two kinds of asylum: territorial asylum which is granted when a state provides asylum to someone within its own territory, and extra-territorial asylum which is granted when a state provides asylum outside its territory such as in its embassies. Territorial asylum is an exception to extradition and is backed by a state's control over its own territory. Extra-territorial asylum is governed by the principle of extraterritorial jurisdiction which grants immunity to a country's diplomats and officials in foreign embassies.

Uploaded by

jyothsna perumandla
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ASYLUM

Introduction:
Asylum, in international law, means the protection granted by a state to a foreign Citizen against his own
state.

RIGHT TO ASYLUM
{Universal Declaration of Human Rights, 1948, Article : 14}
1. Everyone has the right to seek and to enjoy in other countries asylum from persecution.
2. This right may not be invoked in the case of prosecutions genuinely arising from non-political
crimes or from acts contrary to the purposes and principles of the United Nations.

Kinds of asylum :
1. Territorial Asylum
(Russia granting asylum to Edward Snowden(American))
It is granted when the state provides asylum to asylee within its territory.
PRINCIPLE :-
The exclusive control of every sovereign state over its territory backs up the right of a state to grant
territorial asylum. It is an exception to the extradition. 
Illustration:
 If an individual, ‘A’ from Syria comes to Turkey and applies for asylum due to the horrifying
condition in Syria and apprehension of danger to his life.
 If the individual is granted by the Turkey government within the country itself, it is an
example of Territorial asylum.

2. Extra-Territorial Asylum (JULIAN ASSANGE CASE)


It is granted when the state provides asylum outside the territory of its state, such as in warships, legation
consular premises, international headquarters, or its Embassy situated in a different country i.e. one of its
public places situated/ lying in foreign territorial borders.

PRINCIPLE :-
THE EXTRA TERRITORIAL ASYLUM IS GOVERNED BY PRINICPLE OF EXTRA -
TERRITORIAL JURISDICTION
The term extra-territorial means beyond the jurisdiction of the authorities of the state where such
establishment is i.e. the local authorities. The immunity is granted to the diplomats and other officials to
protect their country’s interests. The local authorities are not allowed to enter the Embassy of any country
situated in their country without having special orders.
Illustration:

 If ‘A’ from Syria approaches the US Embassy in Syria for grant of Asylum due to imminent
danger to his life.
 If the US Embassy grants the Asylum, it becomes an example of Extra-Territorial Asylum. 

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