S
Sahaj Vidhi
Law Optional 2023 Paper I solved

What do you mean by 'Contiguous Zone'? Explain with reference to Indian practices on the subject.

Verified Answer

  1. Core Legal Answer & Context: The Contiguous Zone is an area of the sea adjacent to a coastal state's territorial sea, extending beyond it, where the state may exercise limited control to prevent or punish infringements of its customs, fiscal, immigration, or sanitary laws within its territory or territorial sea. It is not a zone of full sovereignty but rather one of functional jurisdiction. The maximum breadth of the contiguous zone is 24 nautical miles from the baselines from which the breadth of the territorial sea is measured.

  2. Relevant Statutes and Sections:

  • United Nations Convention on the Law of the Sea (UNCLOS), 1982, Article 33: Defines the contiguous zone and the rights of coastal states within it.
  • The Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 (India), Section 5: Declares India's contiguous zone, extending up to 24 nautical miles from the baseline, and grants the Central Government powers to exercise rights concerning customs, fiscal, immigration, and sanitary laws.

  1. Important Landmark Cases: There are no specific landmark international cases primarily defining or interpreting the contiguous zone, as its concept is largely codified in UNCLOS and widely accepted customary international law.

  2. Clear Conclusion: The Contiguous Zone provides coastal states like India with a crucial buffer area to enforce specific national laws and protect their sovereign interests, without asserting full territorial sovereignty. India's national legislation aligns with UNCLOS, enabling it to effectively manage and protect its maritime boundaries and related interests.