Shadowrun corporations don't enact law and don't apply them before the local government or the Corporate Court give them the right to do so
Uh huh, so your whole concept of statehood hinges on the question whether an entity was first recognized by an international/-corporate body and then enacted its own laws or vice versa. While certainly creative, this is not exactly the scientific consensus.
I wasn't discussing whether megacorporations could be considered state or not, I was discussing whether megacorporations can be considered sovereign. Statehood does not imply sovereignty, hence why sovereign is used as an adjective to qualify some states.
I also never referred to the Corporate Court as "recognizing" a megacorporation, moreover in the meaning of "diplomatic recognition". What the Corporate Court does is:
- rates corporations as A, AA or AAA
- requires all BRA signatory states to comply with the treaty, which means not enforcing local laws and regulations inside AA and AAA facilities that match the criterions set by
local regulation, and accepting AA and AAA-issued SIN.
It is the Corporate Court rating and threats that makes it possible in the first place for a megacorporation to ignore local laws and freely makes up it own (I say "freely" because otherwise, any corporation can even nowadays enact "laws" to forbid wearing tie on Friday, or attribute parking spaces, or whatever).
You could have had a legitimate objection and compare this to the case of protectorate, established under the protection of the Corporate Court but obtaining sovereignty nonetheless. I disagree because the existing agreements between the corporation, the Corporate Court and the signatory countries provide the corporations' authority can be restricted or ended, which precludes sovereignty and only established autonomy.
The Corporate Court can downgrade a megacorporation to A rating at any time (it happened to Spinrad Industries, it almost happened to Kondorchid in
Ghost Cartels). A government can change its local regulation regarding extraterritoriality (like the much more restrictive versions in effect in Quebec and Switzerland).
If that happens, and a megacorporation shows its willingness to ignore the Corporate Court and/or the government decision and its capability to successfully repel any attempt to enforce national law, then, yes, it will have demonstrated sovereignty.
But SR lore contains so far no reference I know of to any megacorporation ever doing that in a single country, let alone in every countries it has assets in at once (while it contains at least two cases of AAA submitting to national decisions and returning their "territory").
Besides, I expect the Corporate Court to want its decision to be meaningful, and thus promptly makes sure that if it says a corporation should no longer benefit from extraterritoriality, it likely won't let it clinge on that privilege for long.
TL:DR: "Extraterritorial" means "not on the nations soil any more". Corps are not like diplomatic missions, which are exempted from the host nation's laws by international treaties but otherwise still inside that nation. They have their own territory, laws, population, currency, ability to enter in international dealings (like letting the UCAS clean out their arcology), and everything else required by any statehood theory (except Nath's, admittedly).
"Extraterritorial" actually only means "outside the territory", which has two different uses. The first use covers the application of a state's law outside its territory (such as judging pirates for act committed in international waters). The second use covers persons or places that are considered to be outside the territory for the application of law (thus usually not subject to it).
If you go for strict etymology, it doesn't refer at all to nation. If you go for the actual definition, it doesn't refer to soil, but to territory at large, including territorial waters.
The key part is what is not in the definition. Extraterritorial does not mean "outside one territory
and inside another". Extraterritoriality is not annexation. The state that grants extraterritoriality to a part of its territory does retain sovereignty, denying the beneficiary from claiming it.
The very fact that all corporate holdings are referred to as extraterritorial and just as territory would actually imply that corporations do not have any of the territory required by some definition of statehood.