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een given a visual or auditory signal to stop at a distance enabling it to be seen or heard by the pursued vessel. [57] The signal represents the moment when the hot pursuit begins and sends a message to the suspect vessel that she must heave to and await for the approach of the coastal state’s pursuing ship. [58] The pursuing ship may be anywhere at the time it signals the foreign vessel to stop. [59] The warship may pursue the foreign vessel if the signal is given in a way that it ought to be received and the foreign vessel ignores it. [60] The requirement of a signal to stop in order to undertake hot pursuit does however exclude radio signals. Both the Hague Conferences and the International Law Commission found that radio signals are insufficient since they might not be intercepted. [61] This point of view has been criticized from many directions, stating, for example, that the law should be constructed in a way which takes technological changes into account. The modern technology has moved on and the law must take account of these changes. [62]

4.5.2. “Hot and continuous” [63]

The concept of “hot and continuous” relates to article 111(1) UNCLOS which states that the hot pursuit may only be continued if the pursuit has not been interrupted. Once the pursuit is underway, the right to pursue will be lost and it will not be possible to resume the pursuit if it is interrupted at any time. If the interruption is momentarily, the hot pursuit may recommence, but if it is significant the right will be terminated. [64]

Since the general rule is that once the pursued ship enters the territorial sea of another state the right of hot pursuit is terminated, this means that resumption of the pursuit is not allowed once the vessel is out on the high seas again. [65] Both the conventions disallow resumption and since hot pursuit is a derogation from the general rule prohibiting any interference by a state with foreign ships on the high seas, this right of pursuit ought to be interpreted in a narrow sense. This could in one way be seen as though the pursued ship is washed clean of its sins by entering the territorial waters of a third state, but that state may still take up the pursuit of the fleeing vessel itself. Allowing resumption would naturally increase the effectiveness of the law enforcement of the pursuing state, but there are however other equally important considerations to notice, such as state sovereignty and the freedom of the high seas. [66]

5.4.3. The use of force

Even though there is no explicit codified right to use force in either GCHS or UNCLOS, the pursuing vessel is permitted to use force to an extent. Since the coastal state’s pursuing ship is authorized to make an arrest, it follows that this ship has the right to resort to the use of force in order to exercise this authority. The right of hot pursuit would be a nullity and ineffective without a corresponding right to use force. [67] R. R. Churchill and L. V. Lowe conclude that “The pursuing vessel may use any necessary and reasonable force to effect the arrest, even if this results in the unavoidable sinking of the ship.” [68] . As mentioned in this sentence, the force must be both necessary and reasonable. There must exist no other practicable means by which to effect the arrest and the pursuing ship must ensure that the force is a reasonable and measured response to the ship’s refusal to give in and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。