Abstract
Coastal states possess sovereign rights and jurisdiction within their Exclusive Economic Zone (EEZ), including the exercise of enforcement jurisdiction against foreign vessels conducting violations within the EEZ. However, certain ships are granted sovereign immunity and thus are not subject to coastal state’s jurisdiction. The United Nations Convention on the Law of the Sea (UNCLOS) only stipulated that injuries to the coastal state caused by activities conducted by a sovereign immune vessel will engage that vessel’s flag state responsibility. Indonesia had witnessed numerous violations within its EEZ, especially in waters around Natuna Islands. These violations are conducted by Chinese fishing vessels, which were escorted by China Coast Guard (CCG) vessels. Consequently violations by Chinese vessels would hamper Indonesia’s exercise of enforcement jurisdiction against Chinese fishermen caught committing illegal, unreported and unregulated fishing (IUUF), thus violating Indonesia’s sovereign rights and jurisdiction. This article discusses to what extent sovereign immunity applies to non-commercial government vessels, and whether they can be subjected to coastal state jurisdiction, should they hamper the exercise of coastal state’s enforcement jurisdiction within its EEZ. The article applies normative legal research by utilizing applicable regulations, theories, and existing practices. Sovereign immune vessels are required to pay due regard to other states, including coastal state. Activities constituting ‘abuse of rights’ jeopardizing coastal state’s exercise of enforcement jurisdiction will result in their flag state responsibility being invoked by the coastal state. This article recommends peaceful settlement of dispute through bilateral means, or multilateral means in the spirit of the 2002 Declaration of Conduct by pursuing a regional fisheries agreement.
Highlights
This article discusses to what extent sovereign immunity applies to non-commercial government vessels, and whether they can be subjected to coastal state jurisdiction, should they hamper the exercise of coastal state’s enforcement jurisdiction within its Exclusive Economic Zone (EEZ)
This article will focus on a single issue; namely, whether sovereign immune vessels can be subjected to coastal state’s jurisdictions as mentioned in Article 31 of UNCLOS, should they hamper the exercise of coastal state’s enforcement jurisdiction within its EEZ, and whether their flag state can be held responsible for such acts
It practices both legislative and enforcement jurisdictions, the latter may not be conducted against sovereign immune vessels; it is argued that concerning environmental regulations in UNCLOS, coastal state may enforce its laws on such matters when necessary
Summary
Coastal states are authorized by UNCLOS to carry out law enforcement measures against foreign vessels committing violations of their national laws within its EEZ. They are able to carry out enforcement jurisdiction, and enact national regulations to serve as the legal basis for enforcement jurisdiction; this being the ‘legislative jurisdiction’, whereas ‘enforcement ju-. Indonesian Warship Expels Chinese Coast Guard in Natuna Sea]”, CNBC Indonesia, measures to assert its sovereign rights and jurisdiction over its EEZ in waters around Natuna Islands, CCG escorted Chinese fishermen in conducting their fishing activities by virtue of its nine-dash line claim, which encompasses Natuna Islands’ waters, but was invalidated by the Permanent Court of Arbitration (PCA) through its 2016 award on the South China Sea case as it was inconsistent with UNCLOS.. This article will focus on a single issue; namely, whether sovereign immune vessels can be subjected to coastal state’s jurisdictions as mentioned in Article 31 of UNCLOS, should they hamper the exercise of coastal state’s enforcement jurisdiction within its EEZ, and whether their flag state can be held responsible for such acts This issue will be broken down into four parts.
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