On The Development Of Hot Pursuit In International Law

The right of hot pursuit is an important right for coastal states to safeguard their maritime rights and interests.It is an exception to the freedom of the high seas and the principle of exclusive jurisdiction of flag states.And it is an extension of the territorial jurisdiction of coastal states.The right of hot pursuit was accompanied by the development of the territorial sea system in the eighteenth and nineteenth centuries.The practice of maritime law enforcement in the nineteenth century by the United Kingdom and the United States promoted the further development of the right of hot pursuit.In the end,the right of hot pursuit was widely recognized at the Conference of Compiling International Law in 1930.Subsequently,the 1958 Convention on the High Seas recognized the right of hot pursuit in the form of an international convention for the first time,clarifying its content and procedures.With the emergence of the new marine area,the 1982 United Nations Convention on the Law of the Sea(“UNCLOS”)has brought about a certain degree of development to the right of hot pursuit.However,after the enactment of UNCLOS,due to rapid development of science and technology and tremendous transformation of the ocean policy,the right of hot pursuit has made great progress in the legislative,law enforcement and judicial aspects,and to some extent break through the original regulations under UNCLOS.This thesis first introduces the historical origin of the right of hot pursuit and its fundamental content under UNCLOS.Furthermore,this thesis points out the new developments of the right of hot pursuit in the legislative,law enforcement and judicial aspects after the enactment of UNCLOS.Finally,this thesis will focus on China's legislation and law enforcement practice of the right of hot pursuit and provide suggestions for the improvement of the right of hot pursuit exercised in China.