Right To Hot Pursuit Essay

Right to Hot Pursuit: Explanation of the Idea An exception to the exclusive jurisdiction of the flag state over a vessel in the high seas is the right of hot pursuit (Kapoor, 2008: p. 145). The right of hot pursuit of a foreign vessel is a principle designed to ensure that a vessel which has infringed the rules of a coastal state cannot escape punishment by fleeing to the high seas. In reality it means that in certain defined circumstances a coastal state may extend its jurisdiction onto the high seas in order to pursue and seize a ship which is suspected of infringing its laws. The right, which has been developing in one form or another since the 19th century, was comprehensively elaborated in article 111 of the 1982 Convention, building upon …show more content…
Pursuit is permissible only by the warships or military aircraft or other vessels or aircraft clearly marked and identifiable as being on government service and authorized to that effect (Starke, 1994: p. 279). Right of hot pursuit only begins when the pursuing ship has satisfied itself that the ship pursued or one of its boats is within the limits of the territorial sea or as the case may be in the contiguous zone, or EEZ or on the continental shelf (Article 111 (1), 1982). Article 23 of the 1958 Convention states that, if any warship does not comply with the regulations of the coastal State concerning passage through the territorial sea and disregards any request for compliance which is made to it, the coastal State may require the warship to leave the territorial sea. The right to hot pursuit ceases as soon as the vessel pursued has entered the territorial waters of its own or of a third state (Article 111 (3), 1982). There is also huge debate in international law as to how far shall the coastal state use this right to hot pursuit. There is a famous case named I am Alone Case (1935)