Contiguous zone

Question 1

Montego Bay, Art. 33 contiguous zone

Answer 1

1. In a zone contiguous to its territorial sea, described as the contiguous zone, the coastal State may exercise the control to:
   a. prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea;
   b. punish infringement of the above laws and regulations committed within its territory or territorial sea
   
   2. contiguous zone may not extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured.

Question 2

Montego Bay, Art. 13 territorial sea of low tide elevations

Answer 2

1. A low-tide elevation is a naturally formed area of land which is surrounded by and above water at low tide but submerged at high tide. Where low-tide elevation is situated wholly or partly at a distance not exceeding the breadth of the territorial sea from the mainland or an island, the low-water line on that elevation may be used as the baseline for measuring the breadth of the territorial sea.
   2. Where a low-tide elevation is wholly situated at a distance exceeding the breadth of the territorial sea from the mainland or an island, it has no territorial sea of its own.

Question 3

Montego Bay, Art. 121 islands

Answer 3

1. An island is a naturally formed area of land, surrounded by water, which is above awater at high tide
   2. Except as provided for in paragraph 3, the territorial sea, the contiguous zone, the exclusive economic zone and the continental sheld of an island are determine in accordance with the provisions of this Convention applicable to other land territory.
   3. Rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf

Question 4

UNCLOS, Philippines Vs China law-case

Answer 4

The tribunal interpreted article 121 and concluded that the entitlements of a feature depend on:
a. the objective capacity of a feature
b. in its natural condition to sustain either:
1. a stable community of people or
2. economic activity that is neither dependent on outside resources nor purely extracive in nature
Some islands have been modified to improve their habitality, but what matters is the historic record.
Historically, the Spratly Islands were not inhabited by any stable community, and all the historical economic activity was extractive in nature.
All of the high-tide features in the Spartly Islands are legally “rocks” that do not generate an exclusive economic zone or continental shelf– therefore there’s invalidity of Chinese claims to the maritime areas concerned.