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does not act hospitably to other states and pursues their ships without good reason may be subject to the same abuse when its own merchant fleet navigates in other states’ territorial seas. Except taking comity into account, states’ decision to exercise hot pursuit is also based on the practical reality that states are not likely to find minor offenders worth the trouble of pursuit. Besides, ships guilty of trivial offences are unlikely to risk the dangers of flight in the hope of avoiding arrest for a minor delicts. Although such flight could indicate that the ship has been engaged in a delict that is much less trivial than the coastal state first suspected. [40]

The nature of the offence entitling the state of hot pursuit is related to the competence to enact laws for the different maritime zones. In the territorial sea this competence is unlimited (except for the right of innocent passage), but regarding the contiguous zone or other zones of extraterritorial jurisdiction, the states’ competence to make acts offences is restricted since these are zones of limited jurisdiction. The right of hot pursuit arises when an offence has been made within one of these zones, but it is provided that the offence is made against laws which international law allows to be enacted for the purposes of that zone. [41]

Article 111 (1) UNCLOS sets up the condition that a state must have “good reason to believe” that a ship has violated the state’s laws and regulations. This good reason standard prevents states from pursuing a foreign ship solely based on the suggestion that an offence has been made by it. However, this condition does not require that the coastal state has actual knowledge of an offence. The proper interpretation of this good reason condition lies somewhere between suspicion and actual knowledge of an offence. In regard to this, the mere flight of a vessel could be sufficient to justify hot pursuit, since it could give the state a suspicion that the ship is trying to flee from the consequences of an offence made by it. Even though the state originally lacked good reason to believe that the ship had made an offence, this suspicious behavior could be enough to live up to the good reason standard. [42]

Offences that are not attributed to the foreign vessel itself do not lay ground for hot pursuit, for example when an offence is committed by a passenger. The coastal state’s jurisdiction is towards the ship only, the passengers and crew remain under the jurisdiction of the flag state as long as their actions are not attributable to the ship itself. Robert C. Reuland states that “the delict must have been committed under the color of the ship’s authority” [43] in order to give rise to hot pursuit. Finally, when it comes to offences, one can conclude that there are two main conditions that have to be fulfilled in order to give right to hot pursuit: first, the state must have good reason to believe that an offence has been committed and second, the offence must be attributable to the ship itself. [44]

4.4. Commencement and cessation

Article 111 (1) UNCLOS states from which maritime zones a state may commence hot pursuit under international law; namely when the foreign ship (or one of its boats) is within the pursuing state’s internal waters, archipelagic waters, territorial sea or contiguous zone. [45] It is only when the offence is committed within one of these zones that 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。