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icle 23 GCHS was thereafter essentially reproduced in article 111 of the United Nations Convention on the Law of the Sea (1982), comprising the new developments in the international law of the sea, such as the generated rights followed by the establishment of the new jurisdictional zones of the continental shelf and the exclusive economic zone. [26] Since article 111 UNCLOS is a renewed definition of the right of hot pursuit, it is the definition stated in UNCLOS that is the most updated and will be in focus below.

Article 111 UNCLOS has the title “Right of hot pursuit” and contains eight paragraphs, in comparison to article 23 GCHS which only has seven paragraphs. (See the appendix for the full and exact wording of article 111 UNCLOS). Article 111 declares the coastal state’s right to engage in hot pursuit and lays down a number of cumulative conditions under which this right may be exercised. These conditions have been set up in order to avoid abuse and incorrect exercise of hot pursuit by the coastal states, such as situations where the wrong ship is pursued by accident. The specific conditions are also of great importance when it comes to upholding the freedom of navigation on the high seas and to ensure that the coastal state have enough evidentiary material to support a hot pursuit before exercising it. [27]

4. International conditions and the nature of hot pursuit

4.1. General conditions - (ta bort?)

The International Tribunal for the Law of the Sea has emphasized that the conditions laid down in article 111 UNCLOS are cumulative, which means that each one of them has to be fulfilled in order for the hot pursuit to be lawful. [28] The basis for the exercise of hot pursuit is specified in paragraph 1 of article 111 UNCLOS which notes that such pursuit may be undertaken when the authorities of the coastal state have good reason to believe that the foreign ship has violated its laws and regulations. The violation must be made within one of the costal state’s maritime zones, such as its internal waters, archipelagic waters, territorial sea, exclusive economic zone or its continental shelf. Furthermore, the laws and regulations that were violated must have been enacted in accordance with international law. [29] Thus, article 111 UNCLOS makes it possible to pursue a foreign ship onto the high seas, but with respect of international law and the principle of state sovereignty, the pursuit must cease as soon as the ship enters the territorial sea of its own flag state or any other state. Otherwise, the pursuit would end up in a violation of another state’s sovereignty. [30]

4.2. Involved vessels

As can be seen in article 111 (5) UNCLOS, the coastal state may only exercise hot pursuit through the use of certain ships and aircraft having a connection to the governmental authority of the state. Warships and military aircrafts, together with other specially authorized government ships or aircrafts which are clearly marked and identifiable as such, are the only vessels that are required to exercise the pursuit. [31] This limitation to vessels vested with governmental authority ensures that the pursuing state cannot avoid its state responsibility for actions made by its pursuing ships acting on behalf of the coastal state. It is not the specific authority to pursue that is of importance; it is rather the general authority of applying laws and to take nece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。