ABSTRACT
The contiguous zone may be defined as a ‘zone of sea contiguous to and seaward of the territorial sea’95 in which the coastal state may seek to enforce immigration, customs sanitary and fiscal laws. The concept appears to have originated in the 18th century when, after 1736, Great Britain passed a series of Hovering Acts which provided that customs control might be exercised beyond the three mile territorial sea; the principal object was to ensure some control over smugglers who remained outside the three mile territorial limit. The concept is in essence a compromise between the need of the coastal state to exercise control beyond the narrow belt of the territorial sea while at the same time respecting the traditional doctrine of the freedom of the high seas. Early in the 19th century, such legislation had been defended as a matter of convenience,96 but difficulties began to arise as the legislation was enforced against foreign vessels well beyond the territorial sea. Thus, in 1850 a French smuggler, the Petit Jules, was seized by the Revenue 23 miles off the Isle of Wight. The difficulty for the United Kingdom was that it traditionally supported a narrow territorial sea of three nautical miles and in the 19th century was anxious to discourage other states from making more extensive claims. Thus when customs legislation was consolidated in the Customs Consolidation Act 1876 and the original provisions were retained there was less enthusiasm for enforcement against foreign vessels beyond the territorial sea.97
