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accept an arrest. One have to weigh the nature of the suspected offence and the evidence implicating the suspect vessel in the offence as well as the obstinacy of the suspect vessel in refusing arrest against each other in order to decide whether the force is justified. [69]

5. Compensation

6. Constructive presence

7. Analys

Article 111 (1) also comprises the condition that the pursuit must be hot and continuous. This means that the pursuit must start while the ship (or one of its boats) is still within the coastal state’s internal waters, territorial sea or the contiguous zone and can only continue beyond the territorial sea or contiguous zone if it has not been interrupted. [70] However, if the pursuit starts while the ship is in the contiguous zone, it may only be undertaken if there has been a violation of the rights for the protection of which the zone was established, such as in the case of customs, fiscal, immigration or sanitary laws. [71]

As is noted in article 111 (4) UNCLOS, the pursuit may only be commenced after a visual or auditory signal to stop has been given by the coastal state. This must be made at a distance which enables the signal to be seen or heard by the foreign ship, although the signaling ship or aircraft does not itself have to be within the territorial sea or contiguous zone at that time. [72]

UNCLOS has extended the right of hot pursuit so that the pursuit may start in the archipelagic waters and the exclusive economic zone or the waters above the continental shelf if a violation is made by a ship relating to the laws made by the coastal state in respect of the zone or shelf. [73]

Bibliography

Literature

Poulantzas, Nicholas M., The Right of Hot pursuit in International Law, Second edition, Martinus Nijhoff Publishers, The Netherlands, 2002.

Shaw, Malcolm N., International Law, Sixth edition, Cambridge University Press, United Kingdom, 2008.

Churchill, R. R. and Lowe, A. V., The Law of the Sea, Third edition, Manchester University Press, Great Britain, 1999.
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