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Law is territorial in nature 1: Introductions: The enforcement of law is territorial in the same way as a law is territorial.

The territoriality of law flows from the political division of the world. No state allows other states to exerxise governmental powers within it. The enforcement of law is confined to the territorial boundaries of the state enforcing it. 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. 2: Meanings of the Territorial Nature of Law: The propositions that system of law belongs to a defined territory means that it applies to all persons, acts things and events within that territory. It does not apply to persons, things acts or events elsewhere. 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. 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 runaway 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. 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. 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. Jurisdiction of a State according to Territorial nature of Law: A state has Jurisdication over all its persons and thing. Such persons may be natural born subjects or naturalized subjects or domiciled alien. Its jurisdication also extends over its ownership in its territorial waters and ports and all acts committed over them. Example: Criminal law o England extends to all offences committed in England and not outside its territory. Similarly the law of marriage, divorce and succession is applied by England courts only to those persons who are connected with the territory of England. Remedy to the territorial nature of Law: (a): In Case of Crimes: The remedy lies in the practice of extradition. The states conclude treaties with each by which each agrees to surrender to the other state persons found in its territory who are wanted for crimes committed in the territory of the party to the treaty.

(b): In Civil Cases: Extradition is not practiced in civil cases. However each country gives a remedy in its own courts for civil wrongs wherever they may be committed. Exceptions to the Territorial Nature of Law: (a): International Law: International law is an exception to the general ruler that law is territorial. States are allowed to exercise control over their armed forces when passing through a foreign territory. (b): England Civil Law: England civil law applies to all British subjects in respect of offense concerning bigamy, treason or murder wherever they might be committed. (c): Law of Procedure: Law of procedure is not territorial in any respects. The England law of procedure is the law of England courts rather than the law of England. Extra territorial Operation of Law: A law is said to have extra territorial operation when it operates also outside the limits of the territory within it is enacted. Conclusion: The conclusion of Salmond is that as the territory of law is not a logically necessary part of the idea of law, a system of law is conceivable the application of which is limited and determined not by reference to territorial considerations but by reference to the personal qualifications of the individuals over whom jurisdiction is exercised, qualifications such as nationality, race, or religion.