治外法權 extraterritoriality 治外管轄權 extraterritorial jurisdiction

第一句:治外法權 extraterritoriality(76 字)

In studies of international law, the extraterritoriality exempting foreign diplomats and nationals from the legal authority of the host state and placing them under the laws of their home country was a privilege-based doctrine that was upheld by bilateral treaties, which were either praised for protecting travelers abroad or criticized by scholars who were convinced that unequal exemptions bred resentment toward foreign powers, thereby safeguarding diplomatic immunity by honoring reciprocal agreements and provoking disputes that had long strained relations between host states and visiting powers across colonial settings.

1. 結構破解

In studies of international law,

the extraterritoriality

exempting foreign diplomats and nationals from the legal authority of the host state

and placing them under the laws of their home country

was a privilege-based doctrine

that was upheld by bilateral treaties,

which were either praised for protecting travelers abroad

or criticized by scholars

who were convinced that unequal exemptions bred resentment toward foreign powers,

thereby safeguarding diplomatic immunity

by honoring reciprocal agreements

and provoking disputes

that had long strained relations between host states and visiting powers

across colonial settings.

2. 分解為短句

In studies of international law, the extraterritoriality was a privilege-based doctrine.(主句骨架)

The extraterritoriality exempted foreign diplomats and nationals from the legal authority of the host state and placed them under the laws of their home country.

The doctrine was upheld by bilateral treaties.

The treaties were either praised for protecting travelers abroad or criticized by scholars.

The scholars were convinced that unequal exemptions bred resentment toward foreign powers.

This safeguarded diplomatic immunity by honoring reciprocal agreements and provoking disputes across colonial settings.

The disputes had long strained relations between host states and visiting powers.

3. 參考譯文

在國際法的研究中,使外國外交官與國民免於接受東道國法律權威、並使其受本國法律管轄的治外法權,是由雙邊條約所維持的以特權為基礎的原則;這些條約若非因保護海外旅人而受讚揚,就是受到深信不平等的豁免滋生對外國強權之怨恨的學者所批評,從而藉由遵守互惠協議,並引發長期使東道國與來訪強權關係緊繃的爭端,在殖民情境中保障了外交豁免。

4. 組合寫作練習(請勿看例句,嘗試將短句組回原長句)

5. 補充說明

exempting / placing:現在分詞片語,取代 which exempted... and placed...

extraterritoriality:「治外法權」,extra-(在……之外)+ territory(領土)

exempt A from B:使 A 免於 B;host state:「東道國」

doctrine:「原則、學說」;uphold:「維持、支持」

bilateral treaty:「雙邊條約」;reciprocal:「互惠的」

breed A:滋生 A;resentment:「怨恨」

diplomatic immunity:「外交豁免權」;provoke:「引發」

此句的 which were 指代 treaties

舉例:

大使館:駐外使館館舍受接受國保護,一般官員不得擅入

領事裁判權:清末列強依不平等條約,在中國享有此項特權

駐外外交官:享有外交豁免,不受東道國司法管轄

第二句:治外管轄權 extraterritorial jurisdiction(78 字)

In debates over global regulation, the extraterritorial jurisdiction allowing a state to apply its laws to conduct occurring beyond its borders and holding foreign companies accountable for harms linked to its citizens was a reach-based authority that was exercised by national courts, which were either defended for deterring corporate misconduct or challenged by governments who were worried that foreign rulings undermined their sovereignty, thereby expanding legal accountability by enforcing statutes and triggering conflicts that had long divided states across competing legal systems.

1. 結構破解

In debates over global regulation,

the extraterritorial jurisdiction

allowing a state to apply its laws to conduct occurring beyond its borders

and holding foreign companies accountable for harms linked to its citizens

was a reach-based authority

that was exercised by national courts,

which were either defended for deterring corporate misconduct

or challenged by governments

who were worried that foreign rulings undermined their sovereignty,

thereby expanding legal accountability

by enforcing statutes

and triggering conflicts

that had long divided states

across competing legal systems.

2. 分解為短句

In debates over global regulation, the extraterritorial jurisdiction was a reach-based authority.(主句骨架)

The extraterritorial jurisdiction allowed a state to apply its laws to conduct occurring beyond its borders and held foreign companies accountable for harms linked to its citizens.

The authority was exercised by national courts.

The courts were either defended for deterring corporate misconduct or challenged by governments.

The governments were worried that foreign rulings undermined their sovereignty.

This expanded legal accountability by enforcing statutes and triggering conflicts across competing legal systems.

The conflicts had long divided states.

3. 參考譯文

在全球監管的辯論中,允許一國將其法律適用於境外發生之行為、並使外國公司對牽涉其公民的損害負責的治外管轄權,是由各國法院所行使的以涉及範圍為基礎的權力;這些法院若非因遏止企業不當行為而受辯護,就是受到擔憂外國裁判損害其主權的政府所質疑,從而藉由執行法規,並引發長期使各國分歧的衝突,在相互競爭的法律體系之間擴大了法律問責。

4. 組合寫作練習(請勿看例句,嘗試將短句組回原長句)

5. 補充說明

allowing / holding:現在分詞片語,取代 which allowed... and held...

jurisdiction:「管轄權」;extraterritorial:「域外的」

allow A to + V:允許 A 做……;conduct:「行為」(名詞,重音在前)

hold A accountable for B:使 A 為 B 負責;harm:「損害」

exercise:「行使」;deter:「遏止、嚇阻」

misconduct:「不當行為」;undermine:「損害、削弱」

sovereignty:「主權」;statute:「成文法規」

此句的 which were 指代 courts

此句的 governments 後接 who,是沿用範例骨架的寫法

舉例:

美國《外國腐敗行為法》(FCPA):可追究外國企業的海外行賄行為

歐盟《一般資料保護規則》(GDPR):適用於處理歐盟居民資料的境外企業

英國《反賄賂法》:英國企業在海外行賄也可被追訴

兩詞的差別:extraterritoriality 側重「免受東道國管轄的特權」,是豁免的概念;extraterritorial jurisdiction 側重「一國把法律伸到境外的權力」,是管轄的概念。前者是「別人管不到我」,後者是「我管得到別人」。

要換主題(如領事裁判權、域外效力)或調整字數難度,告訴我即可。

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