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1) Discuss in detail the doctrine of hot pursuit which emerged as an exception to the fundamental principle of freedom of the high seas. (250 words)

Topic:   Effect of policies and politics of developed and developing countries on India’s interests, Indian diaspora.

1) Discuss in detail the doctrine of hot pursuit which emerged as an exception to the fundamental principle of freedom of the high seas. (250 words)

The hindu

 

Why this question:

Recently Heroin worth ₹600 crore were seized after an Indian Coast Guard ship intercepted the Pakistan fishing vessel Al-Madina off Gujarat. The article discusses in detail the significance of the concept of Hot pursuit amidst such a scenario.

Key demand of the question:

Answer must discuss the concept in detail , its significance to the fundamental principle of freedom of the high seas — the rights of vessels of all nations to navigate freely on the high seas.

Directive:

DiscussThis is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.

Structure of the answer:

Introduction:

In a few introductory lines highlight the context of the question.

Body:

  • In brief discuss what Doctrine of hot pursuit? The doctrine of hot pursuit emerged as an exception to the fundamental principle of freedom of the high seas — the rights of vessels of all nations to navigate freely on the high seas.
  • Zone of hot pursuit: Contagious to this zone is the zone of hot pursuit, and it extends up to 24 nautical miles. Any infringement of customs, sanitary, immigration and fiscal regulations in the contagious zone can also attract punishment from coastal states.
  • At a time when smuggling and piracy were rampant, this customary doctrine emerged to empower a coastal state to pursue on to the high seas a vessel that had violated its laws within its waters.
  • Decades later, this customary doctrine was codified in the 1982 United Nations Convention on the Law of High Seas.
  • Apart from imposing procedural restrictions, the Convention clearly spelt out that the right of hot pursuit ceases as soon as the ship pursued enters the territorial sea of its own country or a third state.
  • Over the years, some countries have sought to introduce an expanded doctrine of hot pursuit on land, to justify the breaches of territorial sovereignty of foreign states as part of the ongoing pursuit of offenders.

Conclusion:

Conclude with way forward.