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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
- 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.
Host country must protect the mission from intrusion or damage. (article
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.
