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.