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A good lawyer knows the law; a great lawyer knows the judge.
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Legal Definitions - territorial law
Definition of territorial law
Territorial law refers to the legal rules and regulations that apply to all individuals, organizations, and activities located within a specific geographical area, such as a country, state, or city. This application holds true regardless of a person's citizenship, nationality, or usual place of residence. Essentially, if you are physically present or operating within a territory, you are subject to its laws.
Here are some examples illustrating territorial law:
Example 1: Traffic Violations by Tourists
Imagine a tourist from Brazil driving a rental car in California. If they exceed the speed limit or run a red light, they will be subject to California's traffic laws and penalties, not Brazilian law. The local police can issue a ticket, and a California court would handle any related proceedings.
This demonstrates territorial law because the laws of California apply to everyone within its borders, including foreign visitors, for actions taken within that territory.
Example 2: Foreign Businesses Operating Locally
A multinational corporation headquartered in Japan decides to open a new manufacturing plant in Mexico. All aspects of its operations in Mexico—including labor practices, environmental regulations, tax obligations, and safety standards—must comply with Mexican law. The company cannot claim exemption from these rules because it is a Japanese entity.
This illustrates territorial law because the laws of Mexico govern all business activities and entities operating within its national territory, irrespective of their country of origin or ownership.
Example 3: Property Ownership by Non-Citizens
An Australian citizen purchases a condominium in France as an investment. The purchase process, the rights and responsibilities of ownership, property taxes, and any future sale or inheritance of that condominium will all be governed by French property and tax laws. The fact that the owner is Australian does not mean Australian law applies to the property located in France.
This shows territorial law in action because the legal framework of France dictates matters concerning real estate and transactions within its borders, applying to all property owners regardless of their nationality.
Simple Definition
Territorial law refers to the body of law that applies to all individuals within a specific geographic territory, irrespective of their citizenship or nationality. This includes both the direct legal rules governing actions within that jurisdiction and the "choice of law" rules that determine which law applies to events with foreign elements when adjudicated by a local court.