(Fig. 2) C is an exclave of B, but not an enclave of A since it also shares a border with D
In international law, an enclave is any portion of a state that is entirely surrounded by the territory of another state. It follows from this definition that for an area to be considered an enclave, it must not be a sovereign state and it must not be entered or exited without the need to enter the territory of another state, either by land, sea or air. Enclaves, which were quite numerous in past centuries, are now very uncommon. The concept of enclave is applicable at both the international and sub-national level.
Somewhat abusively, the word enclave has progressively come into common usage to denote also any non-sovereign or sovereign territory, generally a small coastal territory, that is partly surrounded by one or several larger states. Thus, coastal territories such as Gibraltar, Ceuta, Monaco, Kaliningrad, Cabinda, etc., which can all be easily entered or exited by air or sea without the need to enter the territory of another state, are nevertheless called enclaves. The expression "true enclave" is often used to denote territories that correspond to the strict definition of an enclave.
An exclave is defined as a portion of a country geographically separated from the main part by surrounding alien territory. Basically, an exclave is the enclave seen from the viewpoint of the main part. Thus, in Fig. 1 at right, C is an enclave from the viewpoint of A but an exclave from the viewpoint of B, the main part. The word exclave is much less common than enclave, which tends to be the generic to denote both concepts.
In Fig. 2 at right, C is again an exclave of B, but is not an enclave, because it has boundaries with more than one entity.
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). 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. In law, this created a servitude 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 continued and continue to be used. In British administrative history, subnational enclaves were usually called detachments or detached parts, and national enclaves as detached districts or detached dominions. In English ecclesiastic history, subnational enclaves were known as peculiars (see also Royal Peculiar).
The word exclave, modeled on enclave, is a logical extension of the concept of enclave.
Enclaves may be created for a variety of historical, political or geographical reasons. Some areas have been left as enclaves by changes in the course of a river.
Since living in an enclave can be very inconvenient and many agreements have to be found by both countries over mail addresses, power supply or passage rights, enclaves tend to be eliminated and many cases that existed before have now been removed. The governments of India and Bangladesh have been pressed to resolve the complex system of enclaves along their border – persons in these enclaves have complained of being effectively stateless. In 2011, India and Bangladesh signed a leasehold agreement regarding the Tin Bigha Corridor.
A true enclave is a territory over which a nation is sovereign, but that cannot be reached without passing through territory of the one and only foreign nation that surrounds it. Two examples include Büsingen, a true exclave of Germany, and Campione d'Italia, a true exclave of Italy, both surrounded by Switzerland.
An historical example was West Berlin before the reunification of Germany, which was a de factoWest German exclave, being enclaved by East Germany. (Also, 12 small exclaves of West Berlin, such as Steinstücken, were separated from the city, some by only a few meters.) 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).
The principality of Monaco is not an enclave, although it only borders France, because it also possesses a coastline and territorial waters; thus, it is not completely surrounded by another country. Similarly, The Gambia is 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 re-absorption in 1994. Others remained under government rule from 1948 to 1994. Being heavily partitioned, various parts of these Bantustans were true enclaves.
The Scottish Court in the Netherlands, at Camp Zeist near Utrecht, was temporarily declared as sovereign territory of the United Kingdom under Scottish 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. It was also so during the appeal of the man convicted. The court was first convened in 1999, and the land returned to the Netherlands in 2002.
Pondicherry district, of the Union Territory of Puducherry, is made of 12 non-contiguous parts, many of them true enclaves entirely surrounded by the state of Tamil Nadu. Before Pondicherry, along with the other territories of French India, was absorbed into India in 1954, they were enclaved within the Union of India, and before that the British Raj. Also a legacy of the French colonial period, the Mahe district is made of 3 non-contiguous parts enclaved within the state of Kerala.
San Colombano al Lambro is an exclave of the province of Milan at the junction beteween the Pavia and Lodi provinces. The exclave arose when the province of Lodi was carved out of the province of Milan, but a referendum in San Colombano indicated the locals' wish to stay in Milan. As a result, the commune is the only wine-producing area in the mostly urbanized province of Milan.
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).
Nagorno-Karabakh is arguably an ethnic enclave. It is a predominantly ethnic Armenian area inside Azerbaijan. The Nagorno-Karabakh War which lasted from 1988 to 1994 resulted in the area self-proclaiming its independence, but this has never been recognized by the international community, which tends to describe the current situation as a frozen conflict.
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. 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.
Pene-enclaves and pene-exclaves are regions that are not conterminous with the main land region, that are not entirely surrounded by alien land or alien territorial waters, and that have land access only through a second country. 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.
Kaliningrad Oblast is a federal subject of Russia (an oblast), a pene-exclave situated on the Baltic coast.
Cabinda (also spelled Kabinda, formerly Portuguese Congo) is a pene-exclave and a province of Angola on the Atlantic coast.
Oecusse, a district on the northwestern side of the island of Timor, is a pene-exclave of East Timor.
Point Roberts, Washington, is an unincorporated community in Whatcom County—located on the southernmost tip of the Tsawwassen Peninsula, south of Delta, British Columbia, Canada—that can be reached by land from the rest of the United States only by traveling through Canada.
Inaccessible districts are regions that are conterminous with the main land region but that are only easily accessible by going through a second country.
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
The southern part of the Province of Venice, Veneto, can be reached directly from the rest of the province only by boat. By land it can be reached only traveling through the Province of Padua because territorial continuity with the main part of the province exists only through some unconnected islands and islets.
It is physically impossible to drive from the northern half of County Leitrim in the Republic of Ireland to the southern half; the land area of the county is almost squeezed in two by Lough Allen on the west and the border with County Cavan on the east. The River Shannon (apart from where it forms part of the border between the two counties) runs within Leitrim from the Cavan border to Lough Allen, and there are no bridges over this Leitrim portion of the river, therefore making it impossible to cross from one side of the Shannon in Leitrim to the other without leaving the county. The best one can do is by travelling the R200 from the Leitrim side of the county border, passing into County Cavan into the village of Dowra and then taking the R207 and passing over the Shannon and back into County Leitrim, which involves a journey of 2.6 km (1.6 miles) outside of the county. Travelling around the west side of Lough Allen involves substantial travel though County Roscommon.
A portion of Illinois is west of the Mississippi River and is only reachable from Missouri.
Embassies and 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 of extraterritoriality are not true enclaves as they are still part of the host country. In addition to embassies, some other areas have extraterritoriality.
By treaty of 2 November 1929, Czechoslovakia obtained the lease for 99 years of two plots of land (in the Moldauhafen and in the Saalehafen), both within the perimeter of the free port of Hamburg. Another plot, in the Peutehafen, was purchased by the Czechoslovak government in 1929; this plot lies just outside of the free-port perimeter.
Saalehafen – approximately 2 ha of land on Hallesches Ufer, on the south-east bank of the Saalehafen
Moldauhafen – approximately 0.5 ha of land on Dresdener Ufer, on the south-east bank of the Moldauhafen
Peutehafen – the narrow peninsula between the Peutekanal and the Peutehafen dock, comprising 8.054 ha of land and 0.5 ha of water surface
In Szczecin, Poland, a similar provision existed following the Treaty of Versailles for Czechoslovakia to have access to the harbor, which until the end of World War II was located in Germany. From 1945, when Szczecin became part of Poland, Czechoslovakia possessed no extraterritorial rights there. It appears that the German concession ceased at the end of the war and that no successor paid attention to the pre-war rights that Czechoslovakia had under the Versailles Treaty. Neither the Polish nor the occupying Russians appear to have assumed any of Germany's pre-war liabilities. Czechoslovakia gave up the rights to its territory in Szczecin under an agreement signed on 13 January 1956.
Saimaa Canal: the longitudinal half of the canal in Russia is leased by Finland until 2063. Russian law is in principle valid, but in reality Finland maintains the area.
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.
The Captain Cook Monument at Kealakekua Bay and about 25 square feet (2.3 m2) of land around it in Hawaii, United States, the place where James Cook was killed in 1779, is owned by the United Kingdom. An historian on the occasion of the monument's 50th anniversary recorded in 1928 that the white stone "obelisk monument [was] erected to the memory of Captain Cook, about 1876, and on land deeded outright to the British Government by Princess Likelike, sister of King Kalakaua, about the same year, so that that square is absolute British Territory." Hawaii was a sovereign nation at the time. According to a recent writer, "The land under the monument was deeded to the United Kingdom in 1877 and is considered as sovereign non-embassy land owned by the British Embassy in Washington DC. … the Hawaiian State Parks agency maintained that as sovereign British territory it was the responsibility of the UK to maintain the site."
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 railways are much more expensive than building roads to avoid this problem, the criss-cross arrangement tends to last a long time. With passenger trains this may mean that doors on carriages 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.
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.
The Knin - Bihać railway between Croatia is 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.
In Korea, the division into North and South at the 38th parallel, and later the cease fire line at the DMZ cut some railways into fairly useless dead-ends.
A very short length of the Syrian Homs-Tripoli line crosses the border into Lebanon. This happens because the railway was built before this border was defined.
Bolivia is landlocked and has no access to the sea, but a rail route runs through Chile from La Paz to the port of Arica on the Pacific Ocean.
Due to inability to agree in 1963 on a shorter route through easy terrain, the iron ore railway in Mauritania originally had to use a longer route through a tunnel near Choum to avoid the territory of Spanish Sahara.
The shortest and straightest route for a proposed east-west high-speed railway in Austria through Linz, Salzburg and Innsbruck would pass under some mountains belonging to Germany.
Between 1963 and 2002 the N274 road from Roermond to Heerlen, part of Dutch territory, passed through the German Selfkant, which had been annexed by the Netherlands after the Second World War but returned to Germany in 1963.
Road 402 between Podsabotin and Solkan in Slovenia, built when Slovenia was a state of Yugoslavia, passes through part of Italy. The road is confined by high concrete walls topped by fences; as Slovenia and Italy are now both signatories to the Schengen agreement, the barriers are little more than historical curiosities.
The Värska-Ulitina Road in Estonia, between the villages of Lutepää and Sesniki, passes through Russian territory. The stretch of road passing through Russia is flanked by barbed wire fences and guard towers. Stopping and/or getting out of your vehicle on the stretch of road is forbidden and the rule enforced by Russian border guards.
The road from Dubai to the tourist spot of Hatta, an exclave of the emirate of Dubai, passes through a small stretch of Omani territory.
In Guinea, where 20 km long tunnel(s) through a hillspur at Naigaya (elevation 411 metres (1,348 ft)), Sicourou, Bokariadi and Feraya might be avoided by crossing the border into Sierra Leone at Yana (elevation 87 metres (285 ft)).
Senegal is practically and inconveniently divided in two by the sovereign territory of Gambia. The easiest way to travel from northern Senegal to the southern Casamance region is through Gambia via the Trans-Gambia Highway, with a connecting ferry being the only way to cross the Gambia River. The fare for the ferry crossing is a source of contention between the two countries.
Subnational highway passing through other internal territory
India, a quasi-federal republic, has numerous such examples:
A portion of New York State Route 17 passes through Pennsylvania but is maintained entirely by New York State. This includes the roadway and traffic lights at the interchange with US Route 220 and a short portion of Pennsylvania Route 199. Nevertheless, Pennsylvania police enforce traffic laws on this short stretch, where there is one overpass built and owned by Pennsylvania.
Hopkins Road north of Newark, Delaware, briefly enters Pennsylvania where the Twelve-Mile Circle meets the Mason-Dixon Line. The road is maintained by Delaware, and it appears that at one time Arc Point Road in Pennsylvania may have intersected here. Further east, Beaver Dam Road enters Chadds Ford Township, Pennsylvania at the intersection of Beaver Valley Road and re-enters Delaware about 0.5 miles later. The section of road in Pennsylvania is in rough shape, and it is unclear who is supposed to maintain this section.
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.
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.
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. 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.
^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.
^"Jervis Bay Territory Governance and Administration". Although the Jervis Bay Territory is not part of the Australian Capital Territory, the laws of the ACT apply, in so far as they are applicable and, providing they are not inconsistent with an Ordinance, in the Territory by virtue of the Jervis Bay Acceptance Act 1915. The Department of Regional Australia, Local Government, Arts and Sport. Retrieved 17 January 2013.
^The area of ACT land on the Beecroft Peninsula is clearly shown in the New South Wales Roads Directory (Map 177, grid ref. S 2), which is published by the National Roads and Motoring Association and is based on NSW Department of Lands maps. A good online GIS map showing the Beecroft Peninsula, and those areas which are part of the ACT, can be found at the website of the City of Shoalhaven, the adjacent NSW municipality.
^Google Maps route out of the county from one point on the county border to the other here.
^"The American Battle Monuments Commission". "The site, preserved since the war by the French Committee of the Pointe du Hoc, which erected an impressive granite monument at the edge of the cliff, was transferred to American control by formal agreement between the two governments on 11 January 1979 in Paris, with Ambassador Arthur A. Hartman signing for the United States and Secretary of State for Veterans Affairs Maurice Plantier signing for France". Retrieved October 29, 2012.