Model Answer
0 min readIntroduction
The Contiguous Zone is a key concept in international maritime law, representing an area of the sea beyond a state's territorial waters but within a specified distance from its coast. Established under the United Nations Convention on the Law of the Sea (UNCLOS), it allows coastal states limited enforcement rights to prevent infringements of their customs, fiscal, immigration, or sanitary laws. This zone bridges the gap between full sovereignty in the territorial sea and the resource-focused rights in the Exclusive Economic Zone (EEZ), playing a crucial role in maritime security and regulatory oversight.
Definition and Scope of Contiguous Zone
Under Article 33 of UNCLOS 1982, the Contiguous Zone is defined as extending seaward up to 24 nautical miles (NM) from the baselines from which the breadth of the territorial sea is measured. While the coastal state does not possess full sovereignty, it has the right to exercise the control necessary to:
- Prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea.
- Punish infringement of the above laws and regulations committed within its territory or territorial sea.
This zone effectively extends the coastal state's enforcement jurisdiction beyond its territorial waters (up to 12 NM) into the adjacent sea.
Indian Position
India has established its maritime zones in accordance with UNCLOS, as detailed in the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976.
- Claimed Extent: India claims a contiguous zone that extends up to 24 nautical miles from its land territory's baseline.
- Enforcement Powers: Within this zone, India asserts the right to enforce its laws related to customs, taxation (fiscal), immigration, and sanitation, as permitted under international law.
- Legal Framework: The 1976 Act empowers the Central Government to take measures to prevent and punish infringements of these laws occurring within India's territory or territorial waters, even if the related activities extend into the contiguous zone.
- Integration with EEZ: While distinct under international law, India often exercises its contiguous zone enforcement functions within the broader framework of its Exclusive Economic Zone (EEZ), which also extends up to 24 NM and grants specific sovereign rights over resources. The Indian Coast Guard and Navy are tasked with patrolling and enforcing regulations in these zones.
India's position aligns with the principles of UNCLOS, ensuring national security and regulatory control in the waters adjacent to its coast.
Conclusion
In summary, the Contiguous Zone, extending up to 24 NM from the coast, grants coastal states like India specific enforcement rights beyond their territorial sea. India formally claims this zone under its 1976 Maritime Zones Act, enabling it to police customs, fiscal, immigration, and sanitary regulations crucial for national security and economic integrity. While UNCLOS outlines these rights, India integrates their exercise within its broader maritime security architecture, demonstrating a practical application of international maritime law to safeguard its interests in the surrounding seas.
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.