QUOTE (ShadowDragon8685 @ Sep 13 2012, 01:06 AM)
The thing is, though, in Shadowrun, Extraterritoriality actually is sovereignty. The UCAS can't say "Ares, we've decided that your extraterritoriality is becoming burdensome, it's canceled on all facillities on our soil. You have ninety days to bring all operations into compliance with UCAS federal, state, and local laws, and you may file for extensions if need be on a case to case basis."
The word "extraterritoriality" can describe four different things:
- corporate extraterritoriality created by the Shiawase Decision in 2001
- corporate extraterritoriality established by the Business Recognition Accords of 2042
- diplomatic extraterritoriality as depicted in Shadowrun and Hollywood
- extraterritoriality as used IRL in actual law
First, I must stand corrected, since I was using the third one myself in my previous posting. The actual definition of extraterritoriality is positive : it allows a law to applies in a place it shouldn't, not the opposite. Condemning a British company for dealing with Iran in a US court, for example, is extraterritoriality.
There is no such thing as diplomatic extraterritoriality. What they have is
immunity. Contrary to popular belief, the law of the host country does in fact apply within embassies and consulates. But they have immunity against arrest, search, and seizure for their personnels, buildings, pouches, bags and vehicles. It is a practical consequences of those that prevent law enforcement agencies from enforcing local laws.
More important, the law of the hosted country doesn't apply either.
For the US, this has been established by the District of Columbia Circuit Court of Appeals in
Persinger versus Islamic Republic of Iran (1983). To sum it up, the court ruled the US embassy in Tehran is not US territory and is Iranian territory.
QUOTE
if a foreign state's "act[s] or omission[s]" cause tortious injury within the United States, as defined in section 1603©, the foreign state's immunity is abrogated, subject to the exceptions set out in section 1605(a)(5), and there can be both subject matter and personal jurisdiction in United States courts. [...] The issue before this court, then, is whether Congress, in enacting the FSIA, intended to exercise its jurisdiction to give courts in this country competence to hear suits against foreign states for torts committed on United States embassy premises abroad. That issue turns upon the question whether United States embassies are within the definition of "United States" set forth in section 1603©. [...] We do not think that Congress intended to abrogate the immunity generally enjoyed by a foreign sovereign for tortious acts at embassies within its own territory. [...] In addition, since some foreign states base their sovereign immunity decisions on reciprocity, or parity of reasoning, it is possible that a decision to exercise jurisdiction in this case would subject the United States to suits abroad for torts committed on the premises of embassies located here. [...] Iran is immune from tort suits here for actions taken by it on its own territory. [...] For the reasons stated, we have concluded that the FSIA shields Iran from liability and this court has no jurisdiction over the claims of appellants Jacqueline and Lawrence Persinger, and their son, Sergeant Gregory Persinger.
So, first, embassies and consulates are not extraterritorial, and there are not sovereign. Shadowrun is wrong when it says otherwise. But as one might suspect, Shadowrun actually exists in an alternate, Hollywood-based reality, where "diplomatic extraterritoriality" exists.
The next problem is what the word "sovereignty" describes. In real life, sovereignty is a supreme and independent authority.
Under this definition, Shadowrun extraterritorial corporations are no longer sovereign.
From 2042, most countries in the world ratified the Business Recognition Accords, that stipulates the Corporate Court decides which corporations get AA or AAA rating and that all signatory nations must grant them certain rights. By a majority voting, the Corporate Court can strip any megacorporation of its rating, save the seven founders, or declare an Omega Order against any megacorporations (including the seven founders). Megacorporations also must submit their differents with states and other megacorporations to the Corporate Court. This makes the Corporate Court the supreme authority over all megacorporations. Therefore, megacorporations are not sovereign. Should a corporation ignore Corporate Court rulings, the AAA would pressure signatory states to revoke all its privileges.
Between the Shiawase Decision in 2001 and the BRA in 2042, it was different. The US/UCAS Administration, Congress and States couldn't revoke the privileges the Supreme Court gave to the corporations because they cannot go against a Supreme Court ruling.
The problem is, what the books tell us about what megacorporation can practically do (corporate scrip, passports...) is valid in the game 2049-2074 period, in a post-BRA world. The actual description of what the Shiawase Decision allowed is much more terse.
QUOTE
"the same rights and privileges as foreign governments" (rulebook)
"virtual autonomy" (The Neo-anarchist Guide to North America)
"corporate property [declared] sovereign territory not subject to the juridiction of the surrounding nation-state" (Corporate Shadowfiles)
"Shiawase and a select number of similar corps were to be granted extraterritoriality for certain specific sites" (Corporate Download)
"if corporations have many of the same functions of a government such as providing their own power, they have a right to defend themselves and their functions" (Corporate Guide)
"corporations become equivalent to governments" (Sixth World Almanac)
As you might notice,
Corporate Shadowfiles does use the word "sovereign". So as long as the Supreme Court did not overturn itself, they would be effectively considered as sovereign by the US government. All the other statement are much more weaker. Privileges of foreign governments actually is the same thing as the diplomatic privileges (that would be very different if it was "privileges of foreign
states"). And the "right to defend themselves and their functions" is a basic right.
Regarding Shiawase in particular, a "sovereignty" ruling would be particularly weak. As I said, the Supreme Court could
consider Shiawase as sovereign. It wouldn't change the fact that Shiawase was incorporated under Japanese law, with its shareholders and management Japanese citizens. So Shiawase would still be subject to the Japanese state authority. Sovereignty is first and foremost a matter of fact, that you can recognize, but not vest upon.
Practically, the UCAS or the Corporate Court are not going to cancel Ares extraterritoriality because the corporation would fight back. That's how countries gain independence and become actually sovereign. Might makes right and all that.
So, I agree with you a Supreme Court "sovereignty ruling" makes no sense, and would discard
Corporate Shadowfiles wording.
However, I think there may be (little) room for the Supreme Court to produce a nearly sensical "immunity ruling" (or "extraterritoriality ruling" if you prefer). It's too late here so I won't enter the detail now, but I would go for something like
Lochner versus New York is back with a vengeance, reestablishing Freedom of Contract and overturning
Nebbia versus New York and
West Coast Hotel Co. versus Parrish by inverting the burden of proof, so that contracts can ignore any regulation as long as the government hasn't proved it effectively increases the protection of the community, health, safety or vulnerable groups (that's precisely what the Shiawase was about : NRC regulation on security made the plant more vulnerable). It could explain why not all corporations in the US instantly becomes extraterritorial, as only those involved in business like nuclear energy or national security could effectively fend off regulation attempts on such ground. Well, assuming an Hollywood level of realism and lots of "it's an alternative timeline anyway" statements.
QUOTE (ShadowDragon8685 @ Sep 13 2012, 01:06 AM)
Also, extraterritoriality doesn't normally grant the right to start making your own laws, printing your own currency, or issuing your own documentation of citizenship - all of which the Megas do.
None of these actually require extraterritoriality or sovereignty. And again, we do not know if megacorporations started doing such thing as soon as 2001, or waited after 2042.
Many casinos, malls and private companies enforce their own "laws" regarding dress codes or proper behavior for instance. What extraterritoriality does is allowing to ignore the law of the land. Which allows you to set up what would miss to have your own legal system: if the laws that forbid forceful restraint or killing do no apply, you're free to enforce imprisonment and death penalty.
Several online companies established their own electronic currencies. Actually, between 1836 and 1913, before the Federal Reserve was established, US dollars were issued by private banks.
Citizenship is a relationship between the individual and the state. Other state may acknowledge that citizenship, and grant travel documents, but they don't have to: quite a few states don't recognize dual citizenships for instance. The problem is rather to issue
usable documentation of citizenship. Recognition of citizenship abroad requires a treaty between the two states. That's where sovereignty comes in hand: in most states, the law forbids anyone outside of the central government to engage in treaties.
QUOTE (ShadowDragon8685 @ Sep 13 2012, 01:06 AM)
And yeah, the Shiawase decision was retarded. If nuke plants ever became such a target, I'm sure federal law enforcement would be assigned to protect them. No need to hand over all the rights of nationhood to a company.
In Real Life, September 11th Attacks, Patriot Act, a decade of massive security spendings and all that, and yet the DHS and the Nuclear Regulatory Commission considered nuclear power plants security has to be handled by private companies, and still do
in spite of some issues.
Then consider before the Shiawase plant incident happens in SR timeline, the US would have had a level of terrorism awareness and preparedness similar to that of the real US in the late nineties (that is, when CIA was withholding intelligence from FBI and similar stuff...).