KAWALAN PENYEBARAN COVID-19 MELALUI LALUAN PERAIRAN LAUT DI BAWAH UNCLOS 1982

Abstract

The flooding of illegal immigrants likely to be infected with Covid-19 through the sea route was seen as among the main factors that cause rising numbers of Covid-19 infected cases in the country, especially in Sabah. The intrusion of illegal immigrants through the sea route is not a remote issue that occurs only in Malaysia, rather it is a universal issue where most countries are seeking to overcome. The surrounding sea area and coastline and the weaknesses in law enforcement are considered to be among the factors that further aggravate the entry of illegal immigrants through the sea route. By adopting a descriptive approach and library-based study, this working paper elaborates the spreading of Covid-19 by illegal immigrants, especially those entering the country through the sea route. The discussion is conducted by examining the legal position of international law under the United Nations Convention on Law of the Sea 1982 (UNCLOS) that confers rights on the coastal states to control their borders against the intrusion of illegal immigrants carrying a threat to the national health. The finding from this working paper shows that UNCLOS grants rights to the coastal state to prevent the spreading of diseases in its territorial sea and contiguous zone. However, there exist lacunae in the local laws in applying the provisions enshrined under UNCLOS.