The Extent of the Legislative Powers and Enforcement Jurisdiction of Coastal States over Foreign Vessels in Its Contiguous Zon
The Extent of the Legislative Powers and Enforcement Jurisdiction of Coastal States over foreign vessels in its contiguous zone
Introduction
The practice of exercising control over areas of the high seas contiguous to the territorial seas dates back to more than 200 years. This zone of sea found contiguous and seaward of the territorial sea is known as the contiguous zone. This zone is a buffer area where coastal states practiced limited enforcement powers over foreign vessels found ‘hovering’ on areas of waters outside of the territorial sea, on matters concerning economic, immigration and sanitary interests. This paper will examine the concept of the contiguous zone and determine the extent of the legislative and enforcement jurisdiction of the coastal state over foreign vessels found within the zone. This paper will illustrate earliest development of the concept and its practice by states but will dwell mainly on how it is interpreted in the light of the pertinent provisions of the 1958 Geneva High Seas Convention and the 1982 United Nations Convention on the Law of the Sea.
This essay covers different sections pertaining to the concept of the contiguous zone and its practice. This include early development of the contiguous zone, the geographical scope of the contiguous zone, juridical nature of the contiguous zone,, preventive and punitive controls of the coastal state, the contiguous zone and historical objects at sea, the contiguous zone and security interests, the contiguous zone and hot pursuit, the contiguous zone and the EEZ and a section on state practice on the contiguous zone. The section on state practice will cover several African states from Asia and the south Pacific, Europe, Latin America and Caribbean and a brief description of the Australian practice. The last portion of the paper is the conclusion.
Early Development of the Contiguous zone
The earliest laws pertaining to extension of coastal state jurisdiction to areas beyond the
Introduction
The practice of exercising control over areas of the high seas contiguous to the territorial seas dates back to more than 200 years. This zone of sea found contiguous and seaward of the territorial sea is known as the contiguous zone. This zone is a buffer area where coastal states practiced limited enforcement powers over foreign vessels found ‘hovering’ on areas of waters outside of the territorial sea, on matters concerning economic, immigration and sanitary interests. This paper will examine the concept of the contiguous zone and determine the extent of the legislative and enforcement jurisdiction of the coastal state over foreign vessels found within the zone. This paper will illustrate earliest development of the concept and its practice by states but will dwell mainly on how it is interpreted in the light of the pertinent provisions of the 1958 Geneva High Seas Convention and the 1982 United Nations Convention on the Law of the Sea.
This essay covers different sections pertaining to the concept of the contiguous zone and its practice. This include early development of the contiguous zone, the geographical scope of the contiguous zone, juridical nature of the contiguous zone,, preventive and punitive controls of the coastal state, the contiguous zone and historical objects at sea, the contiguous zone and security interests, the contiguous zone and hot pursuit, the contiguous zone and the EEZ and a section on state practice on the contiguous zone. The section on state practice will cover several African states from Asia and the south Pacific, Europe, Latin America and Caribbean and a brief description of the Australian practice. The last portion of the paper is the conclusion.
Early Development of the Contiguous zone
The earliest laws pertaining to extension of coastal state jurisdiction to areas beyond the
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