Original scientific paper
Basic information on the capitulation system as sui generis international treaties during the Ottoman empire ( 16th–18th centuries)
Luka Gašparović
; Faculty of law, University of Zagreb, Zagreb, Croatia
Abstract
The paper outlines the historical development of the system or regime of capitulation from its beginnings to its abolition in the 20th century and provides basic information on the system with examples of treaties concluded between European states and the Ottoman Empire from the 16th to the 18th centuries. Special attention is given to the institute of consular jurisdiction, which is specific in that it enabled aliens to enjoy an extraterritorial legal status within the territory of another country. It also describes the system of protégés, which is closely connected with the consular jurisdiction. In conclusion, the author seeks to establish links between elements of the capitulation system, which belongs to history, and modern, present-day international agreements such as „Structural Adjustment Programmes“ and „Stabilization and Association Agreements“. On the basis of this linkage the author draws the conclusion that with the gradual development of the international agreements system the intention was to facilitate the expansion of markets and the flow of trade, people and capital in the international community.
Keywords
capitulation; history of international law; consular jurisdiction; protégés; international treaties
Hrčak ID:
39522
URI
Publication date:
12.7.2009.
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