Page 139 - MDSL Final

LEGAL CONTEXT
Hot Pursuit

The LOSC provides for the concept of hot pursuit, which enables a
Coastal State to extend its jurisdiction over foreign vessels and foreign
nationals on the High Seas if it has a good reason to believe that the ship
has violated the laws or regulations of the Coastal State in its Internal
Waters, Territorial Sea, Contiguous Zone, EEZ or on the Continental
Shelf. Pursuit must be conducted by a clearly marked and identifiable
government vessel or aircraft and it must be commenced whilst the
foreign ship or one of the its boats is within an appropriate zone of
jurisdiction and only after a visual or auditory signal has been given at a
distance which enables it to be seen or heard by the foreign ship. It must
be commenced as soon as possible after detection of the offence and
it must be continuous, although the pursuit need not necessarily be by
the same vessel or aircraft. The right of hot pursuit ceases as soon as the
pursued ship enters the Territorial Sea of its own State or of a third State.

Sovereign Immunity

In international law, exemption from local territorial jurisdiction as
accorded mainly to foreign sovereigns and diplomatic representatives
which is recognised as pertaining to warships as well. While neither an
embassy nor a warship forms any part of the territory of the foreign
State to which it belongs, the rule of immunity does mean that none of
the ordinary processes of law can be directed against the ship.

Legal Basis for Sri Lanka

“For the bread that you eat, biscuits you nibble, the
sweet that you suck and the joints that you carve, they
are brought to you daily by all of us - big steamers and if
anyone hinders our coming, you all starve.”

Rudyard Kipling

To Nurture a Stable Environment at Sea 121