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国际公海上的船旗国管辖权

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)。由于日内瓦公海公约(1958)第二十三条已被修改成《联合国海洋法公约》第111条,所以下面的文字将主要是指后面这个公约。要注意的重点是,这两个公约都反映了这个领域的国际习惯法。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。

本文将关注以下问题:什么是紧迫追击的本质？要满足哪些国际法律条件才能行使这种权利？什么是紧迫追击的权利的目的是什么？为了回答后面的问题,本文的焦点将放在紧迫追击填补了什么样的作用，因为乍一看这种权利可能会被视为一个沿海国家如通过管理在公海上的外国船只来扩展他们的主权和管辖权。

Flag State Jurisdiction On The High Seas International Law essay

This essay will focus on the internationally recognized right of hot pursuit and the rights and duties that lay upon the coastal state’s pursuing ships (pursuing aircrafts will not be included here). Since article 23 of the Geneva Convention on the High Seas (1958) has been revised into article 111 United Nations Convention on the Law of the Sea, the following text will therefore mainly refer to the latter convention. It is important to notice that both conventions reflect international customary law in this area. This gives the conditions that are set up in the conventions a wider significance, since not only the states that have adopted the conventions are bound by the right of hot pursuit stated there.

The focus will be on the following questions: What is the nature of hot pursuit and what are the international legal conditions that have to be fulfilled in order to exercise it? What is the objective of the right of hot pursuit? To answer the latter question, the focal point will be on what function the hot pursuit actually fill since it at first sight could be seen as a way for the coastal state to extend their sovereignty and jurisdiction to include foreign ships on the high seas, something that in general is supposed to be reserved to the flag state.

Hot pursuit is not the only exception to the flag state principle. As will be seen below, piracy, slave trade, unauthorized broadcasting and major pollution incidents are other examples of exceptions to the flag state principle, but, given the limited scope of this essay, there would not be much said about each exception if all of them were included in this essay.

1.2. Purpose and disposition

The purpose of this essay is to clarify the international recognized conditions for a state to exercise the relatively extensive right of hot pursuit and to critically examine the objectives of this right. Since this is a rather far-reaching right, being a derogation from the general rule prohibiting any interference by a state with non-national ships on the high seas, it is important to examine the original objectives behind hot pursuit and what function it actually fills. Since this is a rather far-reaching right that is limiting the jurisdiction of the flag state on the high seas (and in a way therefore also affect the freedom of the high seas),

The essay will have the following disposition: First, the freedom of the high seas will be described in short together with the principle of flag state jurisdiction (section 2), to give a sufficient background to the reader. Thereafter, the circumstances which serve as prerequisites for the exercise of hot pursuit will be examined.

2. Jurisdiction on the high seas

2.1. The freedom of the high seas – an overview

Ever since the eighteenth century the high seas [1] have been open to all states, with no state able to claim sovereignty over any p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。