留学生国际法作业 [8]
论文作者:英语论文论文属性:短文 essay登出时间:2014-09-16编辑:zcm84984点击率:15912
论文字数:5866论文编号:org201409161258498904语种:英语 English地区:美国价格:免费论文
关键词:管辖权国际公海Law EssayInternational LawFlag State Jurisdiction缔约国
摘要:这是一篇关于国际公海上的船旗国管辖权的 Law Essay,这篇文章将重点关注国际上关于紧迫追击的公认的权利,以及追击驶入沿海国家的船只的权利和义务,(追击飞机不会包含在这里)。在这样约定的条件下使得公约有更广泛的意义,因为不再仅仅只是那些通过了公约的缔约国要受到这里所说的紧迫追击的权利的约束。
the coastal state may undertake hot pursuit. However, in comparison to article 23 GCHS, article 111 (2) UNCLOS is more extensive and stipulates that the right applies mutatis mutandis to violations of legislation applicable to the exclusive economic zone or the continental shelf (including safety zones around continental shelf installations). [46] The right to begin hot pursuit while the foreign ship is within the contiguous zone is limited to the enforcement of certain rights, that is to say if there has been a violation of the rights for the protection of which the zone was established. [47] Robert C. Reuland mentions that “although a state’s legislative jurisdiction within the contiguous zone may not be limited to the four purposes set out in both sea conventions, such laws should nevertheless be limited to the protection of the state’s territory and territorial sea. It follows that hot pursuit may not be commenced from the contiguous zone for violations of laws that do not reasonably comport with the littoral state’s legislative competence with respect to this zone.” [48] . Whether pursuit may start while the ship is in the continental shelf or in the exclusive economic zone is more directly an aspect of the question whether the violation was made against legislation relation to these zones, than in the case of the contiguous zone. The offence is more directly related to the regime of the zone. [49] The state may enact laws consistent with the sovereign rights in these zones, for example relating to protection of fisheries etc in the case of the exclusive economic zone. Similarly, the violation of any law enacted by the coastal state that is consistent with the state’s sovereign rights over the continental shelf may give rise to the right of hot pursuit. [50]
The right of hot pursuit ceases as soon as the pursued ship enters the territorial waters of its own or a third state. [51] To continue therein would result in a violation of that state’s sovereignty and that is accordingly offending international law. [52] This general rule may however be put aside where hot pursuit in another state’s territorial sea is permitted by treaty. [53] It is important to mention that the general rule of cessation at the territorial sea of another state does not apply to other maritime zones beyond the territorial sea, so the pursuing state may actually pursue the foreign ship into the exclusive economic zone or even the contiguous zone of another state. Such zones are to be considered as high seas when it comes to hot pursuit. [54]
There are however different opinions of whether this general rule is applicable in cases where, for example, the pursuit of pirate vessels are continued within the territorial sea of another state if that state is not in a position to take up the pursuit itself. Without such an exception, the wrongdoers may flee to the territorial sea of any other state unwilling or unable to take up pursuit and in this way avoid punishment. This exception would be an expansion of the right of hot pursuit which obviously would increase the effectiveness of the coastal state’s law enforcement. However, the legal basis for such an exception is not beyond question. [55]
4.5. The character of hot pursuit; signal to stop, “hot and continuous” [56] and the use of force
4.5.1. Signal to stop
It is essential that before the hot pursuit may commence, the pursued vessel has b
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