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Zonal Jurisdiction

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Chapter Summary

There are various maritime zones which a vessel carrying irregular migrants will cross on its way to its destination. State action against such practice is dependent upon the location of the vessel at any particular time. This chapter presents analyses of the existing regime relating to the powers of States under the international law of the sea. The law of the sea regime may be presented as providing the 'opportunities' open to States in the fight against maritime migrant smuggling, as opposed to the regime, dealing with humanitarian principles of protection, which are portrayed as 'constraints' or limitations on State action. The territorial sea, as an extension of the coastal State's territory, is subject to the sovereignty of the coastal State, which is thus entitled to exercise territorial jurisdiction over this belt of sea adjacent to its coasts.

Keywords: law of the sea; maritime zones; migrant smuggling; territorialjurisdiction; zonal jurisdiction

10.1163/ej.9789004182097.i-258.30
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