officers and sailors lost their lives and forty-two others were wounded. It was the
contention of Albania that foreign warships and merchant vessels required prior
authorization before being allowed passage through Albanian waters. Britain
claimed that the passage was innocent and did not require prior authorization.
The ICJ held that the United Kingdom had the right of passage through international straits and that the passage was innocent even though four warships were
involved. It is to be noted that this decision of the International Court of Justice is
premised on the fact that the waters concerned are properly characterized as International Straits. The negotiations at the third United Nations Conference on the Law
of the Sea concerning straits were as intricate as they were delicate.
12 In the final
analysis and as a compromise for accepting the 12 nautical mile Territorial Sea, four
categories of straits were outlined. These were:
1. Straits governed by long-standing special conventions
2. Straits with central corridors of high seas or EEZ
3. Straits subject to the regime of innocent passage
4. Straits subject to the regime of transit passage
Each of these categories spells out the rights and duties of the coastal State in line
with other provisions of the Convention.
2.4 Contiguous Zone
The concept of the contiguous zone was part of the intricate and delicate balance
achieved during the negotiation between the proponents of limited fetter and the
proponents of a much wider fetter limiting the freedoms of the coastal State. Coastal
States claim to sovereignty and the need to deal with economic crimes at sea
supported a claim of 24 nautical miles as territorial sea where the coastal State
would have full sovereignty. As a compromise and to yield to some of the demands
of coastal States, a zone contiguous to the territorial sea was established and referred
to as the contiguous zone. The zone permits the coastal State to enforce its laws with
respect to taxes, immigration, sanitation, phytosanitary inspections and other forms
of crimes committed at sea which are detrimental to the economic and security
interests of the coastal State.
In effect, while the coastal State exercises its so—called sovereign powers in the
contiguous zone, the zone generally has the character of High Seas, allows freedom
of navigation and measures 24 nautical miles from the baselines from which the
breadth of the territorial sea is measured.
The contiguous zone permits the coastal State to enforce its phytosanitary,
immigration, customs and fiscal laws within the zone contiguous to the territorial
sea. It is contentious whether the establishment of the zone is not superfluous as the
12 See UNCLOS Articles 4 to 45.
Coastal, Flag and Port State Jurisdictions: Powers and Other. . .
499
contention of Albania that foreign warships and merchant vessels required prior
authorization before being allowed passage through Albanian waters. Britain
claimed that the passage was innocent and did not require prior authorization.
The ICJ held that the United Kingdom had the right of passage through international straits and that the passage was innocent even though four warships were
involved. It is to be noted that this decision of the International Court of Justice is
premised on the fact that the waters concerned are properly characterized as International Straits. The negotiations at the third United Nations Conference on the Law
of the Sea concerning straits were as intricate as they were delicate.
12 In the final
analysis and as a compromise for accepting the 12 nautical mile Territorial Sea, four
categories of straits were outlined. These were:
1. Straits governed by long-standing special conventions
2. Straits with central corridors of high seas or EEZ
3. Straits subject to the regime of innocent passage
4. Straits subject to the regime of transit passage
Each of these categories spells out the rights and duties of the coastal State in line
with other provisions of the Convention.
2.4 Contiguous Zone
The concept of the contiguous zone was part of the intricate and delicate balance
achieved during the negotiation between the proponents of limited fetter and the
proponents of a much wider fetter limiting the freedoms of the coastal State. Coastal
States claim to sovereignty and the need to deal with economic crimes at sea
supported a claim of 24 nautical miles as territorial sea where the coastal State
would have full sovereignty. As a compromise and to yield to some of the demands
of coastal States, a zone contiguous to the territorial sea was established and referred
to as the contiguous zone. The zone permits the coastal State to enforce its laws with
respect to taxes, immigration, sanitation, phytosanitary inspections and other forms
of crimes committed at sea which are detrimental to the economic and security
interests of the coastal State.
In effect, while the coastal State exercises its so—called sovereign powers in the
contiguous zone, the zone generally has the character of High Seas, allows freedom
of navigation and measures 24 nautical miles from the baselines from which the
breadth of the territorial sea is measured.
The contiguous zone permits the coastal State to enforce its phytosanitary,
immigration, customs and fiscal laws within the zone contiguous to the territorial
sea. It is contentious whether the establishment of the zone is not superfluous as the
12 See UNCLOS Articles 4 to 45.
Coastal, Flag and Port State Jurisdictions: Powers and Other. . .
499