Model Answer
0 min readIntroduction
The United Nations Convention on the Law of the Sea (UNCLOS), 1982, governs the rights and responsibilities of nations concerning the use of the world's oceans. One of the zones defined within UNCLOS is the 'contiguous zone,' a crucial element in coastal state jurisdiction. This zone extends beyond the territorial sea and allows coastal states to exercise limited control for specific purposes. Understanding its scope and limitations is vital in the context of India's maritime security and economic interests, given its extensive coastline and dependence on maritime trade.
What is the Contiguous Zone?
The contiguous zone is a maritime zone extending up to 24 nautical miles from the baselines from which the territorial sea is measured. It is broader than the territorial sea (12 nautical miles) but narrower than the Exclusive Economic Zone (EEZ - 200 nautical miles). It's essentially a buffer zone between the territorial sea and the EEZ.
Rights and Responsibilities
Unlike the territorial sea, the contiguous zone doesn't grant the coastal state full sovereignty. The coastal state can only exercise control to prevent and punish infringements of its laws and regulations regarding:
- Fiscal Matters: Customs, excise, and prohibitions.
- Immigration and Customs: Controlling the entry of people and goods.
- Sanitary Laws: Preventing the spread of diseases.
- Technical Regulations: Ensuring compliance with technical regulations related to navigation and pollution.
It's important to note that the contiguous zone is not a zone of sovereignty, but a zone of limited jurisdiction. Any enforcement actions must be proportionate and non-discriminatory.
Indian Practices & Legal Framework
India recognizes the contiguous zone under the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976. This Act implements UNCLOS provisions within India’s maritime jurisdiction.
- Act of 1976: Section 3(1)(b) explicitly defines the contiguous zone and its scope.
- Enforcement: The Indian Coast Guard (ICG) and the Navy are primarily responsible for enforcing laws within the contiguous zone, focusing on preventing illegal fishing, smuggling, and other maritime crimes.
- Case Law: While there aren't many landmark court cases specifically revolving around the contiguous zone in India, general principles of maritime law and UNCLOS are applied in resolving disputes involving activities within this zone.
Comparison of Maritime Zones
| Zone | Width (Nautical Miles) | Coastal State Rights | Primary Purpose |
|---|---|---|---|
| Territorial Sea | 12 | Full Sovereignty | Protection of national interests |
| Contiguous Zone | 24 | Limited control for specific purposes | Prevention of infringement of laws |
| Exclusive Economic Zone (EEZ) | 200 | Sovereign rights for exploration and use of resources | Economic exploitation of marine resources |
Challenges and Considerations
India faces challenges in effectively policing the contiguous zone, including:
- Vast Coastline: India's extensive coastline makes surveillance difficult.
- Maritime Disputes: Ongoing maritime boundary disputes with neighboring countries complicate enforcement.
- Piracy and Smuggling: Combating piracy and illegal smuggling activities requires constant vigilance.
Conclusion
In conclusion, the contiguous zone is a vital component of India’s maritime jurisdiction, enabling the country to exercise limited control beyond its territorial sea for specific purposes. While India has incorporated UNCLOS provisions into its domestic laws and actively enforces regulations within the contiguous zone, challenges remain in effectively patrolling and securing this expansive area. A continued focus on enhancing maritime domain awareness and strengthening international cooperation is essential for India to fully leverage the benefits and address the challenges associated with the contiguous zone.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.