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"International law recognises the right of hot pursuit on the basis that a coastal State cannot be expected to allow a foreign ship to evade its jurisdictions by escaping into the high seas" Comment. Clarify whether such right is recognised in customary international law? Further, can such pursuit be continued into territorial sea of third state, if uninterrupted?
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Article 111 of UNCLOS provides the right of hot pursuit of a foreign ship if the competent authorities of the coastal State have good reason to believe that the ship has violated the laws and regulations of that State. While the general rule is that the flag State has complete jurisdiction over a ship, and no state has exclusive jurisdiction on high seas (except for crimes of universal jurisdiction - eg piracy), the right of hot pursuit is an exception. It emerges from the territorial sovereignty a state has over its territorial waters. Hence, any violation of laws of a state committed in its territorial waters gives the right to pursue the erring ship even on high seas, provided that the pursuit has not been interrupted.
Yes, under customary international law, such right existed, but the pursuit needed to commence in internal or territorial waters. Later, Art. 23 of Geneva Convention, 1958 extended the scope to contiguous zone. In US v Fishing Vessel Taiyo Maru it was held that Art 23 didn't limit the right to conduct pursuit from EEZ. Later, Art 111(1) reiterated Article 23 and provided that such pursuit can be commenced when the foreign ship is within the internal or archipelagic waters, the territorial sea or the contiguous zone of the pursuing State. Further art 111(2) provided that the right will apply mutatis mutandis to violations in EEZ or on continental shelf. Hence, codified international law has extended the scope of right under customary law.
No, Article 111(3) of UNCLOS specifically provides that the right of hot pursuit ceases as soon as the ship pursued enters its own territorial sea or that of a third State. Any attempt to exercise this right in such territorial sea would amount to illegal use of force (UN charter 2(4)) and an act of aggression. Article 111 also necessitates giving of audio/visual signal to warn the erring ship, restricts the right to only authorized ships and mandates compensation in cases of improper use of right. Hence, it's a complete code governing the right of hot pursuit.