The Right of Hot Pursuit at Sea: Clarity in International Law and Difficulties in its Application
This research examines the right of hot pursuit in the international Law of the Sea. In this research, I analyze critically the development of the right, its present status and position in the future. The doctrine of hot pursuit is placed within the framework of modern international law and examined in the light of recent developments. As stated in article 111 of the Law of the Sea, the hot pursuit of a foreign ship may be undertaken when the competent authorities of the coastal State have good reason to believe that the ship has violated the laws and regulations of that State. Such pursuit must be commenced when the foreign ship or one of its boats is within the internal waters, the archipelagic waters, the territorial sea or the contiguous zone of the pursuing State, and may only be continued outside the territorial sea or the contiguous zone if the pursuit has not been interrupted. The pursuit may only be undertaken if there has been a violation of the rights for the protection of which the zone was established. In the second section of this research, we studied the challenges that face the doctrine of hot pursuit and on top of these challenges; the bilateral, regional and international agreements that try to achieve the maximum protection to international waters. In contrast, we found that the United States, in the adoption of individual initiatives such as the Proliferation Security Initiative, has completely changed the concept of hot pursuit. The Proliferation Security Initiative (PSI) is a global effort that aims to stop trafficking of weapons of mass destruction (WMD), their delivery systems, and related materials to and from states and non-state actors of proliferation concern. I tried, in this research, to examine this Initiative and look into the consequences regarding the doctrine of hot pursuit.
"The Right of Hot Pursuit at Sea: Clarity in International Law and Difficulties in its Application,"
UAEU Law Journal: Vol. 2012:
49, Article 6.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2012/iss49/6