Enclave and exclave

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An enclave is any portion of a state that is entirely surrounded by the territory of a single other state.[1] An exclave is a portion of a state geographically separated from the main part by surrounding territory.[2] Many exclaves are also enclaves. Enclave is sometimes used improperly to denote a territory that is only partly surrounded by another state.[1] Examples of enclaved countries include San Marino and Lesotho. Examples of exclaves include Nakhchivan and Campione d'Italia. Campione d'Italia is also an enclave.

A pene‑enclave is any portion of a state that has land borders with a single other state but is not completely surrounded by it or that state's territorial waters. A pene‑exclave is a portion of a state that is geographically separated from the main part by land borders with alien territory but is not completely surrounded by it or alien territorial waters. Examples of pene-enclaved countries include Portugal and Canada. Examples of pene-exclaves include French Guiana, the Kaliningrad Oblast, and Alaska. Alaska is also a pene-enclave.

An inaccessible district, as used here, is a portion of a state not completely separated from the main part by alien territory, but that can only be reached easily by passing through alien territory.

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).[3] 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.[4] In law, this created a servitude[5] 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 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").[6] In British administrative history, subnational enclaves were usually called detachments or detached parts, and national enclaves as detached districts or detached dominions.[7] In English ecclesiastic history, subnational enclaves were known as peculiars (see also Royal Peculiar).

The word exclave, modeled on enclave,[8] 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.

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 pene-enclave (attached to C but also bounded by 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.

In the figure above, A3 is both an enclave and an exclave. A2 is an exclave of A, but it is not an enclave, because it borders both B and C. The singular territory D, although an enclave, is not an exclave.

True enclaves

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A true enclave is a territory over which a nation is sovereign, but which cannot be reached without passing through territory of the single foreign nation that surrounds it. Two examples are Büsingen, a true enclave of Germany, and Campione d'Italia, a true enclave of Italy, both surrounded by Switzerland.

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.[9]) 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).

Enclaved countries

Position of Lesotho within South Africa

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 is also 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 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.

True exclaves

Nakhichevan Autonomous Republic

Related constructs and terms

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)

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.

  • The Dutch municipality of Baarle-Nassau has seven exclaves in two exclaves of the Belgian municipality of Baarle-Hertog.
  • The former complex of enclaves at Cooch Behar district included 24 second-order enclaves and one small third-order enclave called Dahala Khagrabari #51: a piece of India within Bangladesh, within India, within Bangladesh. The Indo-Bangladesh enclaves were exchanged on 31 July 2015 by the ratified Land Boundary Agreement, and Dahala Khagrabari was ceded to Bangladesh.
  • Nahwa of the United Arab Emirates is surrounded by Madha, an exclave of Oman within the U.A.E.
  • The Portuguese town of Estremoz is made up of two civil parishes (freguesias): the small Santo André and the big Santa Maria. Santo André corresponds to the old town (located inside the medieval walls), but excluding the citadel, which is an enclave inside the old town; the citadel belongs to Santa Maria, which also includes the entire new town (outside the walls) and the vast rural area around it. Thus, Santa Maria has an enclave (Santo André, the old town) with a second-order enclave inside it (the citadel).[12]

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.

  • Székely Land is a Hungarian ethnic enclave within Romania, with its people calling themselves Székely. Originally, the name Székely Land denoted an autonomous region within Transylvania. It existed as a legal entity from medieval times until the Austro-Hungarian Compromise of 1867, when the Székely and Saxon seats were dissolved and replaced by the county system. Along with Transylvania, it became a part of Romania in 1920, according with the Treaty of Trianon signed on 4 June 1920 at the Grand Trianon Palace in Versailles, France. In 1938–1940, during World War II, post-Trianon Hungary temporarily expanded its territory and included some additional territories that were formerly part of pre-war Kingdom of Hungary, under Third Reich auspices, the Second Vienna Award. It was later reduced to boundaries approximating those of 1920 by the peace treaties signed after World War II at Paris, in 1947. The area was called Magyar Autonomous Region between September 8, 1952 and February 16, 1968 a Hungarian autonomous region within Romania, and today there are territorial autonomy initiatives to reach a higher level of self-governance for this region within Romania.
  • The 2008 film Silent Light depicts a Mennonite Flemish sect living within the Mexican state of Chihuahua, who speak a dialect called Plautdietsch.
  • There are several Serb enclaves in Kosovo where the institutions of Kosovo are not fully operational due to disputes.

"Practical" enclaves, exclaves and inaccessible districts

A pene-enclave is any portion of a state that has land borders with a single other state, but is not completely surrounded by it or that state's territorial waters.

A pene-exclave is a portion of a state that is geographically separated from the main part by land borders with alien territory, but is not completely surrounded by it or alien territorial waters. 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.

  • The Kleinwalsertal Alpine valley in Vorarlberg, Austria can only be accessed by road from Germany, being separated from the rest of Austria by inaccessible high mountains traversed by no roads.
  • Jungholz is a village, also in Austria (in Tyrol), which is surrounded by German territory except for one single point on the summit of Sorgschrofen, where it touches the rest of Austria. As with Kleinwalsertal, road access is only through Germany.

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)

Subnational "practical" enclaves, exclaves and inaccessible districts

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:

  • Salzburg to Innsbruck (Austria) (passes Rosenheim, Germany). A railway line within Austria exists as well, but trains take about 1.5 hours longer than across German territory.
  • Trains from Neugersdorf, Saxony to Zittau pass Czech territory at Varnsdorf, while Czech trains from Varnsdorf to Chrastava pass through German territory at Zittau, and then a small part of Polish territory near the village of Porajów.
  • Trains from Görlitz to Zittau, Germany, pass the border river Neisse several times (see Oder–Neisse line); the train station for Ostritz, Germany, lies in Krzewina Zgorzelecka, Poland.
  • Belgrade–Bar railway crosses into Bosnia and Herzegovina for 9 kilometres (5.6 mi), between stations Zlatibor and Priboj (both in Serbia). There is one station, Štrpci, but there are no border crossing facilities and trains do not call at the station.
  • The Knin – Bihać railway between Croatia and Bosnia is split by the Croatian–Bosnian border several times. Similarly, the Savski Marof – Imeno railway was split by the Slovenian–Croatian border several times.
  • The local trains on the Burgenlandbahn in Austria cross the area of Hungary at Sopron. During the era of the Iron Curtain, the trains had their doors locked as they traversed Hungarian territory.
  • The line from Ventimiglia to Limone Piemonte, Italy, via Breil-sur-Roya, France.
  • The Hochrheinbahn (Upper Rhine Railway) from Basel via Waldshut to Schaffhausen is part of the Deutsche Bahn network, and is mostly in Germany, but the two ends are in Switzerland and it is only connected with the rest of the German railway network via Switzerland. At both Basel and Schaffhausen the railway has extraterritorial status: one can travel by train to and from the rest of Germany without going through Swiss customs. See Basel Badischer Bahnhof.
  • Similarly, during the Cold War, underground lines in West Berlin ran under parts of East Berlin. Ghost stations (German: Geisterbahnhöfe) were stations on Berlin's U-Bahn and S-Bahn metro networks that were closed during this period of Berlin's division.
  • The Belgian Vennbahn (now closed) lies on a narrow strip of Belgian territory running through Germany, creating five German exclaves.
  • The railway between France and Italy briefly leaves France to enter Monaco in a 150-metre tunnel before entering France once more.
  • The former Soviet Central Asian Republics have numerous examples.[clarification needed]
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

  • 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]
  • The twin town of TornioHaparanda or HaparandaTornio lies at the mouth of river Tornio, Tornio on the Finnish side and Haparanda on the Swedish side. The two towns have a common public transportation, as well as cultural services, fire brigade, sports facilities etc.
  • The Basel Badischer Bahnhof is a railway station in the Swiss city of Basel. Although situated on Swiss soil, because of the 1852 treaty between the Swiss Confederation and the state of Baden (one of the predecessors of today's Germany), the largest part of the station (the platforms and the parts of the passenger tunnel that lead to the German/Swiss checkpoint) is treated administratively as an inner-German railway station operated by the Deutsche Bahn. The shops in the station hall, however, are Swiss, and the Swiss franc is used as the official currency there (although the euro is universally accepted). The Swiss post office, car rental office, restaurant and a cluster of shops are each separately located wholly within a surrounding station area that is administered by the German railway.[49] The customs controls are located in a tunnel between the platforms and the station hall; international trains which continue to Basel SBB usually have on-board border controls.
  • As a legacy of the British colonial period, the Malaysian rail network had its southern terminus at Tanjong Pagar railway station in central Singapore. The land on which the station and the rail tracks stood was leased to Keretapi Tanah Melayu, the Malaysian state railway operator. Consequently, Malaysia had partial sovereignty over the railway land.[50] Passengers had to clear Malaysian customs and immigration checks at Tanjong Pagar before boarding the train to Malaysia, even after Singapore shifted its border control facility to the actual border in 1998 and objected to the continued presence of Malaysian officials at the station. After a 20-year long dispute, the station was closed in 2011 and the railway land reverted to Singapore.[50] A remnant of the rail corridor is still in use; KTM trains now terminate at Woodlands Train Checkpoint in northern Singapore near the border, which houses Malaysian and Singaporean border controls for rail passengers.[51]
  • The Hong Kong–Shenzhen Western Corridor on the Hong Kongmainland China border: the immigration control points for Hong Kong (Shenzhen Bay Control Point) and mainland China (Shenzhen Bay Port) are co-located in the same building on the Shenzhen side of the bridge. The Hong Kong portion of the service building and the adjoining bridge are leased to Hong Kong, and are under Hong Kong's jurisdiction for an initial period until 30 June 2047.

See also

Lists:

Notes

  1. 1.0 1.1 Lua error in package.lua at line 80: module 'strict' not found.
  2. Exclave. Webster's Encyclopedic Unabridged Dictionary of the English Language, 1989, p. 497
  3. Le Grand Robert, Dictionnaire de la langue française, 2001, vol.III, p. 946.
  4. Le Grand Robert, p. 946.
  5. 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.
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  7. As can be seen on 18th. century maps of Germany and other European countries by British cartographers and publishers such as R. Wilkinson.
  8. Exclave. Webster's, p. 497.
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  12. Instituto Geográfico do Exército: Territory of Santa Maria (Estremoz)
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  29. Horwitz, Tony. Oct. 2003, Blue Latitudes: Boldly Going Where Captain Cook Has Gone Before, Bloomsbury, ISBN 0-7475-6455-8
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  36. Lua error in package.lua at line 80: module 'strict' not found. (free registration required to read relevant text on page 704)
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  38. 38.0 38.1 Railway Gazette International April 2008 p 240
  39. [Railways Africa 2014 issue 5, p29]
  40. 2006 Road Atlas Ireland, AA, pp. 36–37
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  42. 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
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  47. Railway Gazette: Border bridges rebuilt[dead link]
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References

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External links