Territorial nature of law.

Laws apply within territorry: Generally a particular system of law belongs to a

defined territory and it applies to all persons and things within that territory.

It means that the laws of a particular State are not applicable to persons, things,
acts, and events beyond that territory. The followers of monistic theory of law like
Austin lay stress on the territorial nature of law. However there are also certain
laws, whose nature are not territorial.

One sovereign cannot legislate for others: As one sovereign State cannot
legislate for the territories of another sovereign State, its legislation must
generally be confined in its operation to the territorial limits of the state alone
and its system of law should be confined in its application to persons, things, acts
and events within a defined territory. Thus, generally, law is territorial in its
nature.

Supremacy: Territorial nature of law is merely the recognition by individual State

to assert their supremacy over their territories.

Political division of world: The territoriality of law flows from the political division
of the world. No state allows other states to exerxise governmental powers within
it.

Teritorial boundries of state:The enforcement of law is confined to the

territorial boundaries of the state enforcing it.

Definition:-

Territorial nature of law is merely the recognition by individual State to assert

their supremacy over their territories.

General Rule:-

General rule is that law depends upon a particular territory for its very creation
andenforcement.
Exceptions:-

1. International treaties and Law making:-

Different states conclude treaties with each whereby they agree to recognize the
laws promulgated by the other. Such makes the law independent of territory.

Example:-The best know example in this regard is extradition. Extradition, means

handing over of arunaway criminal of one state, by another state.

Extradition: The process whereby under a treaty or reciprocity one state

surrenders to another state a person accused of the commission of an offence
under the laws of the requesting state is called extradition.

 Dual criminality
 Political crimes
 Religion
 Certain forms of punishment

2. Jurisdiction of English Court:-

                    English Courts apply English law though committed elsewhere than in
England. This extraterritorial jurisdiction extends to crime such as piracy, treason,
murder or bigamy, committed by British subject in any place of the world.

Similarly in Pakistan PPC provide that if Pakistani subject commits any, cognizable
offence in any part of the world, he can be tried in Pakistani courts on basis of
evidence on record.

By virtue of C.P.C. and Cr.P.C.,Pakistan courts are empowered to try an offence

committed outside Pakistan on the land and on high seas. The latter is known as
Admiralty Jurisdiction which is based on the principle that a ship on the high seas
is a floating island belonging to the nation whose flag she flies.
3. Conflict of Law:-  

                      There is another exception is the territorial nature of law, that is

conflict of law found in every system of law.

Example:-

                   If two persons makes make a contract in France and one of them sues
on it in an England Court the issue will be decided by England court by applying
French Law to meet the ends of justice.

Case Law:-

                        Penn VS. Baltimore

In the above mentioned case the English Court took up a case of contract entered
in Canada and decided it against the defendant and enforced decree passed.

4. State Law is not applicable to all persons living in a State:-

                Civil law of the state sometimes does not apply to all persons living in the
state.

Example:-

                The Ambassadors of foreign countries have some special privileges and
are generally immune from the process of Civil Law.

The Vienna Convention on Diplomatic Relations of 1961.( persona non grata)

The sending state must recall this person within a reasonable period of time, or
otherwise this person may lose their diplomatic immunity. (article 9)

The premises of a diplomatic mission,

 are inviolable and must not be entered by the host country except by
permission of the head of the mission. (article 22)
  Host country must protect the mission from intrusion or damage. (article
22)
 The host country must never search the premises, nor seize its documents
or property.
 Article 30 extends this provision to the private residence of the diplomats.
 Archives and documents of a diplomatic mission are inviolable. (article 24)
 The host country must permit and protect free communication between
the diplomats of the mission and their home country.( article 27)
 A diplomatic bag, diplomatic pouch, must never be opened even on
suspicion of abuse. A diplomatic courier must never be arrested or
detained.( article 27)
 Diplomats must not be liable to any form of arrest or detention.( article 29)
 They are immune from civil or criminal prosecution, though the sending
country may waive this right under Article 32.
 they are exempt from most taxes, and under Article 36 they are exempt
from most customs duties.

Territory is not a part of idea of Law:-

            From what is stated above it is clear that, territory is not a part of the idea
of law and application of law is limited and determined not by territorial
consideration but by reference to the personal qualification of the individuals
over whom the jurisdiction is exercised. 

Conclusion:-

               From the above discussion one can easily conclude that, generally the
nature of law is territorial but is not a strict rule, there are many cases which law
does not depend upon the territory.