24 nautical miles is part of the Exclusive Economic Zone. A zone which also has the
character of High Seas as far as the superjacent waters are concerned but within
which a coastal State may enforce its economic and fiscal legislation with respect to
customs, immigration, illegal bunkering etc. It may however be said that the level of
enforcement of the fiscal regime as well as issues of immigration and customs
procedures are closely linked with the economic and security rights that appertain
to the coastal State in view of the proximity of the zone to the territorial sea.
Thus, in effect, even though it is contained within the EEZ of 200 nautical miles,
it has a special character when it comes to the enforcement of the coastal State’s
fiscal and security laws as opposed to the general resource rights enforceable under
the regime of the EEZ. Within the contiguous zone, the coastal State can board and
search vessels where it has strong suspicions and belief that such a vessel was
committing or about to commit a crime with respect to the powers of the coastal
State enunciated in Article 33. The same may not be said of the coastal States powers
as regards the EEZ.
13
2.5 Exclusive Economic Zone
The powers, rights and obligations exercisable by the coastal State are provided for
under Part V, Articles 55 and 56 of UNCLOS. The zone is often referred to as a zone,
sui generis meaning, “of its own kind” as it is not akin to any of the other zones
deliberated upon earlier under the various Conferences of the United Nations on
issues of law of the sea. It was indeed a new creation under the United Nations
Convention on the law of the sea (UNCLOS) 1982.
It is a hybrid regime established by compromise as coastal States sought to
acquire and protect economic rights beyond the 12 nautical mile territorial sea.
Thus, it does not provide the coastal State with sovereignty over the zone but rather
sovereign rights which are permissive of freedom of navigation. The right exercisable by the coastal State in the EEZ may be placed under three categories.
(i) Sovereign rights for the exploration and exploitation of natural resources.
Secondly, the provisions of UNCLOS
14 clothes the coastal State with jurisdiction in matters relating to the establishment and use of artificial Islands,
installations and structures,
(ii) Marine scientific research
(iii) The protection and preservation of the marine environment and
13 See the m.v. Saiga case, p. 2.
14 UNCLOS Article 56 1(b).
500
E. K. Mbiah
character of High Seas as far as the superjacent waters are concerned but within
which a coastal State may enforce its economic and fiscal legislation with respect to
customs, immigration, illegal bunkering etc. It may however be said that the level of
enforcement of the fiscal regime as well as issues of immigration and customs
procedures are closely linked with the economic and security rights that appertain
to the coastal State in view of the proximity of the zone to the territorial sea.
Thus, in effect, even though it is contained within the EEZ of 200 nautical miles,
it has a special character when it comes to the enforcement of the coastal State’s
fiscal and security laws as opposed to the general resource rights enforceable under
the regime of the EEZ. Within the contiguous zone, the coastal State can board and
search vessels where it has strong suspicions and belief that such a vessel was
committing or about to commit a crime with respect to the powers of the coastal
State enunciated in Article 33. The same may not be said of the coastal States powers
as regards the EEZ.
13
2.5 Exclusive Economic Zone
The powers, rights and obligations exercisable by the coastal State are provided for
under Part V, Articles 55 and 56 of UNCLOS. The zone is often referred to as a zone,
sui generis meaning, “of its own kind” as it is not akin to any of the other zones
deliberated upon earlier under the various Conferences of the United Nations on
issues of law of the sea. It was indeed a new creation under the United Nations
Convention on the law of the sea (UNCLOS) 1982.
It is a hybrid regime established by compromise as coastal States sought to
acquire and protect economic rights beyond the 12 nautical mile territorial sea.
Thus, it does not provide the coastal State with sovereignty over the zone but rather
sovereign rights which are permissive of freedom of navigation. The right exercisable by the coastal State in the EEZ may be placed under three categories.
(i) Sovereign rights for the exploration and exploitation of natural resources.
Secondly, the provisions of UNCLOS
14 clothes the coastal State with jurisdiction in matters relating to the establishment and use of artificial Islands,
installations and structures,
(ii) Marine scientific research
(iii) The protection and preservation of the marine environment and
13 See the m.v. Saiga case, p. 2.
14 UNCLOS Article 56 1(b).
500
E. K. Mbiah