IS LAW TERRITORIAL OR NOT? LLb. Part I

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.