Hot Pursuit: Concept, Legal Basis & Application
Hot Pursuit is a principle under international maritime law. It allows a coastal state to pursue and apprehend a foreign vessel that has violated its laws and attempted to escape into international waters.
The doctrine aims to preserve the sovereignty of coastal states. It also seeks to prevent unlawful activities such as illegal fishing, smuggling, or pollution.
Legal Foundation
The concept of hot pursuit is codified under Article 111 of the United Nations Convention on the Law of the Sea (UNCLOS). It allows the pursuit to begin when the foreign vessel is within:
- Internal waters
- Territorial sea
- Contiguous zone
- Or exclusive economic zone (EEZ) if the law violated applies there.
The pursuit must begin immediately after the offense and be continuous and uninterrupted.
Conditions for Valid Hot Pursuit
- Violation Must Occur Within Jurisdiction:
The ship must commit an illegal act within the territorial waters or EEZ of the coastal state. - Visual or Audible Signal to Stop:
The coastal authority must signal the foreign vessel to stop, usually through visual or radio communication. - Pursuit Must Be Continuous:
The chase must not be broken or interrupted. Any break may invalidate the pursuit. - Only Warships or Government Ships May Pursue:
The coastal state must properly authorize and clearly identify the pursuing vessel as its own.
Purpose and Practical Use
Hot pursuit is mainly used to:
- Prevent illegal fishing
- Stop drug trafficking
- Tackle human trafficking or piracy
- Enforce environmental laws
It strikes a balance between freedom of navigation in international waters and the right of states to protect their maritime interests.
Real-World Example
If a foreign trawler fishes illegally within India’s EEZ and ignores a warning from the Indian Coast Guard, India has the right to engage in hot pursuit, even into international waters, until the vessel is apprehended or escapes.
