P.B. Arya, The National University of Advanced Legal Studies
ABSTRACT
This research aims to ascertain the extent of the expansion in the coastal states jurisdiction over maritime zones beyond what is prescribed under the law of the sea and specifically under the UNCLOS. State practices show that many States have put in domestic legislations conferring jurisdiction which cannot be reconciled with the international law of the sea. At least a few of the coastal states claim complete sovereignty over the contagious zone and exclusive economic zone, contrary to the limited sovereignty guaranteed under the UNCLOS, subsuming all these zones to its territorial waters, taking the freedom of sea concept to the era of “Mare closum”. Through this research, an investigation into the domestic legislations by the coastal states conferring such extensive jurisdiction is sought to be carried out. Further, a historical study of the evolution of legislations, for example the Hovering Act etc , granting extra-territorial jurisdiction to the coastal state and the extent of the assimilation of such legislations to the international law of the sea shall be considered.
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