On the Security Right in Contiguous Zones of Coastal States in Light of 2022 Judgement in Nicaragua v. Colombia

RONG Xue ； CHEN Cong ； YAN Lilan ； HUANG Yuxin

《中华海洋法学评论》 48期 (2023/12) Pp. 180-199

摘要

In its 2022 judgment on the merits in Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea (Nicaragua v. Colombia), the International Court of Justice (ICJ) affirmed the customary international law status of the regime of contiguous zones and Article 33 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). The ICJ emphasized that under present-day customary international law, the powers of coastal States in the contiguous zone are limited to customs, fiscal, immigration, and sanitation. It rejected Colombia's assertion of control over security and other aspects of the contiguous zone as provided for in its domestic law. The 1992 Law of the People's Republic of China on the Territorial Sea and Contiguous Zone also includes "security matters" within the scope of control in the contiguous zone. Given the ICJ's ruling, it is essential for us to carefully evaluate the adequacy and persuasiveness of the Court's arguments and take into account the historical context of relevant legislation and the current situation in China when considering our legislation.

關鍵字

Nicaragua v. Colombia ； Contiguous zone ； Security matters ； Right of control