IS LAW TERRITORIAL OR NOT?
Introduction;-
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.
TERRITORIAL nature of law:-
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.
Definition:-
Territorial nature of law is merely the recognition by
individual State to assert their supremacy over their territories.
Case
Law:-
Mahmood Akram
VS Govt of Pakistan (clc 2001 lain 608)
Held:-
Law of
land exists for the betterment of equity and for check the evils in the society.
Law has to be interpreted, enforced and applied in order to order to prevent
any illegal activity and cannot be permitted to be stretched in favor of wily
or the tricky.
Example:-
When we speak of Pakistani Criminal law, it applies with a few
exceptions to all offences committed in the Pakistan and does not apply to offences committed.
General
Rule:-
General rule is
that law depends upon a particular territory for its very creation and enforcement.
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 a run away criminal of one state, by another state.
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
peace 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.
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.
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.
