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lusive jurisdiction of the flag state on the high seas, since it makes it possible for the coastal state to follow and seize a ship registered in another flag state and in this way extend its jurisdiction onto the high seas. [18]

The right of hot pursuit is an act of necessity which is institutionalized and restricted by state practice. It emerged in its present form in Anglo-American practice in the first half of the nineteenth century. [19] In England there was an old rule of “fresh pursuit” where the role of the pursuer was played by a mere individual, unlike today’s hot pursuit where the pursuer must be played by a person in his official capacity or by a member of a certain authority (see below). [20] The principle has now been recognized in international customary law for a long time. The I’m alone-case, 1935, can lead as an example, where it was stated that warships or military aircrafts of a state are allowed to engage in hot pursuit if a foreign ship has violated that state’s laws within its internal waters or territorial sea and to make an arrest on the high seas. [21] The Hague Codification of 1930 served as an evidence of general recognition of the right of hot pursuit by states when it provided the basis for the draft article adopted by the International Law Commission which later on became article 23 of the Geneva Convention on the High Seas of 1958. [22]

The objective of the right of hot pursuit is to make it possible for states that are exposed to delicts made by non-national ships to bring the escaping offenders before its jurisdiction. In this way the high seas may not provide a safe haven for ships having committed a delict within a state’s maritime jurisdictional zones. Hot pursuit could be seen as contrary to the exclusive principle of flag state jurisdiction on the high seas, but seen in the light of the high seas, it is not reckless to conclude that the right of hot pursuit is in accord with the objective of order on the high seas. [23] Moreover, the right of hot pursuit has a preventive function derived from the psychological effect of the increased disciplinary rights that the violated coastal state is entitled to. The psychological effect is not to be underestimated since it could prevent “wrongdoers” to undertake illegal activity, knowing that they may be pursued, arrested and punished by the authorities of the state whose laws have been violated. [24]

Pursuit onto the high seas does not offend the territorial sovereignty of any state and it involves no intrusion into foreign territory since there is no sovereign to the high seas, except the state of the flag. To let the flag state principle stand in the way for effective administration of justice when a ship has committed a delict in another states juridical maritime zones has been seen as disproportionate, hence hot pursuit has become an international right for coastal states, regardless of the flag of the ship. Furthermore, the right of hot pursuit is a right of necessity since the coastal state would not be able to enforce its laws and regulations against fleeing ships without being able to pursue them. [25]

3.2. Legal status

As mentioned above (section 2.1.), the right of hot pursuit was codified and recognized by states in the Hague Codification in 1930, which led to the development of article 23 of the Geneva Convention on the High Seas (1958). The provisions on hot pursuit in art本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。