In
international relations, a concession is a "
synallagmatic act by which a State transfers the exercise of rights or functions proper to itself to a foreign private test which, in turn, participates in the performance of public functions and thus gains a privileged position vis-a-vis other private law subjects within the jurisdiction of the State concerned."[1] International concessions are not defined in
international law and do not generally fall under it. Rather, they are governed by the
municipal law of the
conceding state. There may, however, be a law of succession for such concessions, whereby the concession is continued even when the conceding state ceases to exist.[1]
In international law, a lease is "an arrangement whereby territory is
leased or
pledged by the owner-State to another State. In such cases, sovereignty is, for the term of the lease, transferred to the lessee State."[2] The term "international lease" is sometimes also used to describe any leasing of property by one state to another or to a foreign national, but the normal leasing of property, as in
diplomatic premises, is governed by municipal, not international, law. Sometimes the term "quasi-international lease" is used for leases between states when less than full sovereignty over a territory is involved. A true international lease, or "political" lease, involves the transfer of sovereignty for a specified period of time. Although they may have the same character as
cessions, the terminability of such leases is now fully accepted.[2]
American concessions
In 1850, the United States and Brunei signed a commercial treaty, which was activated in 1865. Out of this agreement, C.L. Moses, the then US First Consul to the sultanate, was able to secure a lease of a large territorial concession in North Borneo, founding the
American Trading Company of Borneo.[3]
Guantanamo Bay: leased from
Cuba (which now disputes the lease) under 1903 and 1934 treaties in perpetuity; no civilian administration, only military command.
Pituffik Space Base: a concession granted to the United States rent free by Denmark in perpetuity pursuant to the
1951 Greenland Defense Agreement which provides that the United States shall have exclusive jurisdiction over the area in question.[4]
Two in imperial China:
1848/54
American concession in Shanghai (since 17 November 1843 a Treaty Port) established, until on 21 September 1863 (after the 1862 Proposal to make Shanghai an independent "free city" was rejected) an International Settlement in Shanghai was created by union of the American and British concessions (consummated December 1863).
The
Guatemalan parliament issued a decree on 4 May 1843 by virtue of which the district of
Santo Tomas was given "in perpetuity" to the Compagnie belge de colonisation, a private Belgian company under the protection of
King Leopold I. Belgian colonizing efforts ceased after a few years, due to the lack of financial means and the harsh climate.
On 20 November 1846, a British concession in
Shanghai (in China) was established (after the 16 June 1842 – 29 August 1842
British occupation of Shanghai, since 17 November 1843 a Treaty Port); on 27 November 1848, this concession was expanded, but on 21 September 1863 (after the 1862 proposal to make Shanghai an independent "free city" was rejected) an International Settlement in Shanghai was created by union of the American and British concessions (consummated in December 1863).
On 29 December 1877, representants of
North Borneo Chartered Company met
Abdul Momin,
Sultan of Brunei. Before, in January 1876,
Gustav Overbeck purchased from
Joseph William Torrey for $15,000 the concessionary rights of
American Trading Company of Borneo to territories in northern Borneo, conditional on the successful renewal of the concessions from local authorities. Overbeck was appointed
Maharaja of Sabah and
Rajah of Gaya and Sandakan in a 29 December 1877 treaty with
Brunei Sultan
Abdul Momin, who still claimed ownership of northern Borneo.[5] The Sultan agreed to make the concession for 15,000
Spanish dollars. However, since it turned out that the Sultan of Brunei had already ceded some areas to the
Sultan of Sulu, further negotiations were needed. With the assistance of
William Clark Cowie, a Scottish adventurer and friend of Sultan
Jamal-ul Azam of Sulu, the Sultan signed a concession treaty on 22 January 1878 and received 5,000 Spanish dollars.[6]
The
British concession of Tianjin (Tientsin), in which the trade centred, was situated on the right bank of the river Peiho below the native city, occupying some 200 acres (0.81 km2). It was held on a lease in perpetuity granted by the Chinese government to the British Crown, which sublet plots to private owners in the same way as at
Hankou (Hankow). The local management was entrusted to a municipal council organized on lines similar to those at Shanghai.[7]
Following the
First World War the
French Republic granted
Canada perpetual use of a portion of land on
Vimy Ridge under the understanding that the Canadians were to use the land to establish a battlefield park and memorial. The park, known as the
Canadian National Vimy Memorial, contains an impressive monument to the fallen, a museum and extensive re-creations of the wartime trench system, preserved tunnels and cemeteries.
Chinese concessions
Between 1882 and 1884, the
Qing Empire obtained concessions in
Korea at
Incheon,
Busan and
Wonsan. The
Chinese concession of Incheon and those in Busan and Wonsan were occupied by Japan in 1894 after the outbreak of the
First Sino-Japanese War. After China's defeat in that war, Korea (now with Japanese support) declared the unequal treaties with Qing China to be void, and unilaterally withdrew the extraterritoriality and other powers granted to China in respect of the concessions. The concessions were formally abolished in 1898.
The
French concession in Shanghai was established on 6 April 1849 (it had been a
Treaty Port since 17 November 1843). On 17 July 1854 a Municipal Council established. The concession was relinquished by
Vichy France to a Japan-sponsored puppet government in China, and was formally returned to China by France in 1946.
the only non-Western concession in
Hankou (Hankow; today a part of
Wuhan).
In Korea (Chosen), before the Annex of Japan-Korea (1910):
Busan
Incheon
Portuguese concession
Macau: around 1552–1553, the Portuguese obtained permission to establish a settlement as a reward for defeating pirates and to mediate in trade between China and Japan and between both nations and Europe; it was leased from the empire of China from 1670. The concession turned into a Portuguese colony in the mid-19th century. The
Chinese government assumed sovereignty over Macau on 20 December 1999, ending 329 years of Portuguese colonial rule.
Nagasaki and
Dejima: In 1580,
Ōmura Sumitada cedes jurisdiction over Nagasaki and Mogi to the Portuguese
Jesuits, but in 1588
Toyotomi Hideyoshi exerts direct control over Nagasaki, Mogi, and Urakami from the Jesuits (after Hideyoshi banished
Christianmissionaries from Kyūshū, to exert greater control over the Kirishitandaimyō).[10] Then, the Portuguese are interned on Dejima (
Fourth National Isolation Edict) in 1636, but after
Shimabara Rebellion, Portuguese ships are prohibited from entering Japan. Consequently, the Portuguese concessions are banished from Dejima and Japan.
one of the concessions of
Hankou (Hankow; now part of
Wuhan).
Hanko Peninsula, a peninsula near the Finnish capital
Helsinki, was leased for a period of 30 years by the
Soviet Union from its northwestern neighbour—and former possession in personal union—
Finland for use as a
naval base in the
Baltic Sea, near the entry of the
Gulf of Finland, under the Moscow Peace Treaty that ended the
Winter War on 6 March 1940; during the
Continuation War, Soviet troops were forced to evacuate Hanko in early December 1941, and the USSR formally renounced the lease—early given the original term until 1970—in the Paris peace treaty of 1947. The role of the
Hanko naval base was replaced by
Porkkalanniemi another Finnish peninsula, a bit farther east at the Gulf of Finland, in the armistice between Finland and the Soviet Union of 19 September 1944; the
Porkkala naval base was returned to Finland in January 1956. In both cases, the Soviets limited themselves to a military command, without any civilian administration.
Khmeimim Air Base in
Syria is leased to the Russian government for a period of 49 years, with the Russian government having extraterritorial jurisdiction over the air base and its personnel.[11][12]
Since 2015 after the Donbas and Crimea invasion Russia agreed to lease 300,000 hectares to China for 50 years for $449 million US dollars. The lease can be extended in 2018 if the first stage from 2015 to 2018 was successful. Russia needed the Chinese funds to replace a shortfall caused by
international sanctions.[13][14] The Transbaikal region borders with China, and the lease agreement stirred up a maelstrom of controversy and anxiety in Russia.[15] China will send a massive influx of Chinese workers to settle and work in the area.[16]
Spanish concessions
On 22 July 1878, Spanish forces operating from the
Philippines forced the Sultan of Sulu to surrender in the
Spanish–Moro conflict, the Sultan of Sulu relinquished the sovereign rights over all his possessions in favour of Spain
Suzerainty, based on the "Bases of Peace and Capitulation" signed by the Sultan of Sulu and the
crown of Spain in
Jolo on 22 July 1878, and permitted them to set up a small garrison on Siasi Island and in the town of Jolo.[17] These areas were only partially controlled by the Spanish, and their power was limited to only military stations and garrisons and pockets of civilian settlements. Causing Overbeck to lose his title and territory in the north-eastern areas just gained from the Sultan to the
British Borneo. In 1885,
Great Britain,
Germany and
Spain signed the
Madrid Protocol to cement Spanish influence over the islands of the Philippines. In the same agreement, Spain relinquished all claim to North Borneo, which had belonged to the sultanate in the past, to the British government. Dividing Borneo in a Spanish and a British concession of the
Sultanate of Sulu.[18]
All of Portuguese concessions in Africa and Asia were also Spanish concessions during
Iberian Union.
Jointly held concessions
21 September 1863 (after the 1862 Proposal to make Shanghai an independent "free city" was rejected) an
International Settlement in Shanghai was created by union of the American and British concessions (consummated December 1863); in 1896 the concession was expanded. On 7 July 1927, a Chinese city government of Greater Shanghai was formally established. Its internationality can be seen in the flag of the Ministry of Industry and Trade-Shanghai: Flags of the
Austria-Hungary,
Denmark,
Third Republic of France,
Kingdom of Italy,
Netherlands,
German Empire,
United Kingdom of Sweden-Norway,
Kingdom of Portugal,
Russian Empire,
Kingdom of Spain,
United Kingdom and
United States of America.
Belgium,
Peru,
Mexico,
Japan and
Switzerland were also part of the international concession. The ROC government refused to grant treaty rights to new countries after World War I, such as Germany, Austria and Hungary (formerly the Austro-Hungarian and German Empire, whose privileges were abolished after 1918),
Poland,
Czechoslovakia,
Yugoslavia, the
Baltic States, and
Finland. Russia waived its rights for Soviet political expediency. China declared that Belgium had lost its rights in 1927.[20] In January/February 1931, the Japanese occupied the
Hongkou District (Hongkew), and on 9 November 1937 the Chinese city of Shanghai, but only on 8 December 1941 would Japanese troops occupy the International Settlement (but not the French concession); it was dissolved by Japan in 1942. In February 1943 the settlement is officially abolished by the U.S. and Britain; in September 1945, the last territory is restored to China.
Tangier International Zone: Under the Paris Convention, Tangier was made a neutral zone under joint administration by the participating countries (Spain, France and UK).[22] The Paris Convention was proposed for ratification to the other powers that were party to the
Algeciras Conference - except
Germany,
Austria and
Hungary, disempowered by the peace treaties (respectively of
Versailles,
Saint-Germain and
Trianon), and the
Soviet Union, then estranged from the international system.[23] Italy's demand to join the international framework on a par with the signatories of the Paris Convention was supported by Spain from 1926, then by the UK, and a new conference eventually started in Paris in March 1928.[24] Then,
Portugal,
Belgium, the
Netherlands, and
Italy joined the city government. Then, after
World War II and the
Spanish occupation of Tangier, a quadripartite conference (
France,
Soviet Union,
UK and
United States) met in Paris in August 1945, concluding a temporary Anglo-French Agreement of 31 August 1945, in which the two powers made arrangements for the re-establishment of the Zone's international institutional framework, inviting the United States and the Soviet Union to join it, passing both of them to be present in the city government.[25]
^The Indonesia-Malaysia Dispute Concerning Sovereignty over Sipadan and Ligitan Islands : Historical Antecedents and the International Court of Justice Judgment. Singapore: ISEAS. 2015.
ISBN978-981-4843-65-2.
OCLC1144870556.
^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.
^Manley O. Hudson (April 1927), "
The International Mixed Court of Tangier", The American Journal of International Law, Cambridge University Press, 21:2 (2): 231–237,
doi:10.2307/2189123,
JSTOR 2189123,
S2CID 146925969
^Stuart, Graham Henry (1955) [1931]. The international city of Tangier. Stanford books in world politics (en inglés) (2da edición). Redwood City, Estados Unidos: Stanford University Press. OCLC 59027016.