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Right of Asylum

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ASYLUM, RIGHT OF. This does not mean the right of a fugitive to demand protection but the right of a state to grant it. This latter flows from the principle of sovereignty (q.v.), but it is a right less and less insisted on with the progress of civilization. Asylum may be considered as equivalent to the exceptions to extradition (q.v.). Most nations reserve, or claim, a right of asylum for their own nationals. Portugal goes so far as to grant asylum for a fugitive who might, if delivered up, be put to death.

The right of neutral Powers to grant asylum to belligerent land forces is governed by articles i t, 12, 13, and 1.1 of The Hague Convention V., 1907. The presence of belligerent warships in neutral ports is governed by The Hague Convention XIII., 1907. Generally such ships are not permitted to remain in neutral ports, roadsteads, or territorial waters for more than 24 hours.

Asylum in civil war is often claimed in South America for insurgents taking refuge in legations and consulates.

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