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f. In summary, then, jurisdiction based on nationality any such sovereign rights, power or authority." 11s By an
operates on the principle that a state may prescribe rules agreement of February 23, 1903, Cuba leased to the
for the conduct of its own citizens, even when these in- United States certain territory in Guantanamo for use by
dividuals are outside its territory. It is a theory universally the latter as a naval station. Article III of the agreement
recognized in international law as a proper basis for the recited the United States' recognition of Cuba's continu-
exercise of jurisdiction. However, it is important to note ing "ultimate sovereignty" over the leased territory and
that, although some U.S. laws apply to American citizens Cuba's consent that the United States should exercise
abroad, the U. S. views jurisdiction based on nationality as "complete jurisdiction and control over and within" the
a secondary jurisdiction concept. On the other hand, civil leased areas. 116 A later agreement of the same year fixed
law states generally regard it as the primary basis upon the conditions of the lease and also provided for the
which to exercise jurisdiction over nationals outside these mutual extradition of persons committing offenses against
countries' territorial confines. the law of Cuba or the United States in areas under their
4-8. Jurisdiction Based on Agreement with the Ter- respective control. 117 A signif~cant revision of jurisdic-
ritorial State. a. As has been noted, a state " . .. tional arrangements in the Canal Zone is now under active
possesses and exercises within its own territory an ab- consideration and negotiation.
solute and exclusive jurisdiction and . . . any exception to d. Another example ofjurisdiction based on agreement
this right must be traced to the consent of the nation, arises out of the trusteeship arrangements under chapter
either express or implied." 111 Accordingly, no state may XII of the 'United Nations Charter and the mandate
exercise its police powers in another state, even against its system under the Covenant of the League of Nations. The
own subjects, without the agreement of this state. An trustee state, while not sovereign of the trust territory, has
analysis of several such agreements follows. These juris- the power to prescribe and enforce rules of law. Under the
dictional arrangements should be of particular interest to Trusteeship Agreement for the former Japanese Man-
the military attorney. dated Islands, the United States was given full powers of
6. After World War 11 the United States continued to administration, legislation and jurisdiction. 118 The
control islands captured from Japan, including Okinawa powers of the trustee state are exercised under the super-
and the other Ryukyu Islands. Article 3 of the 1951 vision of the Trusteeship Council of the United Nations.
Treaty of Peace with Japan gave to the United States, e. The territory of South West Africa, of which the Re-
pending the creation, at the option of the United States, of public of South Africa is the mandatory, is the only
a United Nations trusteeship administered by the United League of Nations mandate in which the mandatory still
States, "the right to exercise all and any powers of admin- exercises jurisdiction. The International Court of Justice
istration, legislation and jurisdiction, over the territory decided in 1950 that the supervisory functions provided
and inhabitants of these islands, including the territorial for in the mandate were to be exercised by the United Na-
waters." 112 At the time the United States denied any in- tions. 119 The Court subsequently held that the mandate
tent of acquiring permanent possession of the islands and was still in existence and that charges of violations of the
stated that Japan retained "residual sovereignty." 113 mandate and Charter were justiciable before the
Sovereignty over the Ryukyu Islands did, in fact, revert to Court. 120 However, the Court, in effect, reversed its
Japan on May 15, 1972. 114 1962 decision by holding, in 1966, that Liberia and
c. The basis for United States jurisdiction in the Ethiopia lacked a legal right or interest in South Africa's
Panama Canal Zone is a treaty of November 18, 1903, administration of South West Africa and dismissed their
@tween the United States and Panama, by which the action against South Africa. 121 Thereafter, the General
United States is granted "in perpetuity" the use, occupa- Assembly passed a resolution declaring that South
tion, and control of the ten-mile wide Canal Zone. Article Africa's mandate over South West Africa was terminated,
III of the agreement provides that the United States may
exercise all the rights, power, and authority " . .. which and that ". . . South West Africa comes under the direct
the United States would possess and exercise, if it were responsibility of the United Nations." 122 The Republic of
the sovereign of the territory within which said lands and South Africa, however, continues to exercise jurisdiction
water [i.e., of the Canal Zone] are located, to the entire
115. 33 Stat. 2234.
exclusion of the exercise by the Republic of Panama of 116. 1 Malloy 358.
117. Id. at 360.
111. Schooner Exchange v. McFaddon, 11 U.S. (7 Cranch) 116, 118. 61 Stat. 3302, T.I.A.S. 1665, 8 U.N.T.S. 189.
136 (1812). 119. Advisory Opinion on the International Status of South West
112. [I9511 3 U.S.T. 3169, T.I.A.S. 2490, 136 U.N.T.S. 45 (1951). Africa, [I9501 I.C.J. 128.
113. 25 Dep't State Bull. 455, 463 (1951). 120. South West Africa Cases, Preliiary Objections, [I9621
114. For an excellent discussion of the Okinawan reversion, see I.C.J. 319.
Albertson, The Reversion of Okinawa: Its Effect on the International 121. South West Africa Cases, Second Phase, [I9661 I.C.J. 6.
Law of Sovereignty over Territoty, 1973 (unpublished thesis, The Judge 122. G.A. Res. 2145, 21 U.N. GAOR Supp. 16, at 2, U.N. Doc.
Advocate General's School of the Army). A/63 16 (1966).