State and territory law refers to a body of legal regulations that regulate relationships between States and their territories. Modern States also claim jurisdiction over waters (to manage resources) and above earth’s surface (for airspace control). Thus State law covers an expansive space which can be difficult to define precisely; one common distinction between land and territory may help in this regard; land refers to what lies under their borders, while territory denotes their jurisdictional area.
States, and to some degree territories, exist through their ability to enact laws regulating relations among their citizens as well as with non-citizens. This right forms an essential component of State existence and may even be considered natural; however, rights that arise through its exercise may be subject to additional sources of law such as international treaties or domestic legislation and can even be contingent upon being set forth in an enabling act that governs creation of states or territories.
Effective government is often met in early states and territories, and has generally been fulfilled as one of these constitutional requirements. This requires having a stable population with defined borders and centralized authorities that are capable of carrying out their administrative functions effectively. Although meeting this standard can be challenging when engaged in civil war or facing other major threats to statehood such as Albania or Bosnia-Herzegovina which were recognised as sovereign states even during these difficult periods.
State governments often establish their laws through an organic act which establishes established patterns that should be observed when administering territory law. Such acts typically provide for the appointment of territorial officers and courts, along with additional provisions like those that require them to take an oath supporting the Constitution and being appointed by their governor with advice from the Supreme Court of United States.
These provisions tend to have a harmonizing effect on the law of a territory. Dixon J, in Broken Hill South Ltd v Commissioner of Taxation (NSW), identified their effect as: ‘a rule which permits extraterritorial application of State law if there exists an association between that territory and law, such as liability to pay taxes or give other compulsory powers’.
An organic act also contains provisions pertaining to how judicial power is granted and how courts of that territory function. Many early organic acts provided that supreme and district courts would be established in each territory, with judges assigned by the Chief Justice of the Supreme Court for each district court – similar arrangements to what existed within incorporated States – intended to further national colonial policies and promote their advancement.