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E. SIRADZE, JURISDICTION OF THE COASTAL STATE OVER THE SHIP OF FOREIGN STATE...
or by a diplomatic agent or consular officer
of the flag State; and
4. Such measures are necessary for the suppression
of illicit traffic in narcotic drugs
or psychotropic substances.
The second case refers to the situation
when the ship enters into the territorial sea
from internal waters where it has committed a
crime. In this case the coastal State is entitled
to take any measure against such vessel, i.e.
its jurisdiction is not limited. It comes from the
unlimited criminal jurisdiction of the coastal
State in its internal waters.
The third case refers to ships, which have
committed a crime before entering the territorial
water from the high seas. In this case the
criminal jurisdiction of the coastal State does
not extend except as provided in part XII of
the Convention. the abovementioned regulation
is based on the fundamental principle of
the Law of the Sea stating that only flag State
jurisdiction is extended over the ship in the
high sea. 44
Under paragraph 2 of Article 220 of the
Convention, the coastal State is entitled to inspect
or/and detain the vessel not only in case
of violation of its legislation on environmental
protection, but in cases of violation of international
regulations and standards as well. Finally
in accordance with paragraph 2 of Article
25, the coastal State has the right to take
necessary steps to prevent breach of regulations
on the entry into ports. Certainly, such
steps may be undertaken in the territorial sea.
The example of Norway as one of the traditional
developed maritime State is interesting
whilst discussing the issue of executive
jurisdiction of the coastal State in the territorial
sea. According to its legislation vessel may
be detained for violation of local laws and regulations
in the territorial sea, among them,
concerning manning and construction. 45 However,
Article 22 of the Convention forbids the
coastal State to adopt law on manning and
construction of vessels in innocent passage
in a territorial sea.
In accordance with section 89 of the Code
of the USA on the Protection of Coast, the
coast guard personnel are entitled to exercise
examination, inspection, investigation, detention
and arrest of vessels under the jurisdiction
of the United State in order to execute the
laws of the United States. 46 Furthermore, for
exercising activities aimed at avoiding contraband
outside from the coast, it is necessary
for the coast guard of the USA to have jurisdiction
over the vessels as well as over the
actions there in. 47 If the officials of the coast
guard of the USA discover the violations on
USA vessel or on a vessel under the jurisdiction
of the USA, they are entitled to take the
vessel into the port, arrest and/or fine responsible
persons and confiscate the vessel itself
and/or impose a fine on it. 48
HOT PURSUIT
One of the guarantees to exercise the
executive jurisdiction by the coastal State, over
the internal waters and the territorial sea, is
the right of hot pursuit, which is granted under
the Convention. In accordance with Article 111
of the Convention, hot pursuit may be undertaken
when a foreign ship or her boats are
within the internal waters, the territorial sea,
the contiguous zone, the archipelagic waters
of the pursuing State. The right of a hot pursuit
is one of the oldest norms of the customary
law of the sea. In cases such as ‘The I’m
Alone’ case (1935) 49 the customary law recognised
the right of the coastal State to entitle
its warships to exercise pursuit of a foreign
ship, if she has violated the law of the coastal
State in its internal waters or the territorial sea,
and to detain such a ship on the high sea. In
Behring Sea Fur Seal arbitration it was established
that, hot pursuit shall be immediate …
and shall be in the frames of control. 50
Article 111 of the Convention reflecting the
customary law rule, stipulates that hot pursuit
may be undertaken when the competent authorities
of the coastal State have a good reason
to believe that the ship has violated the
laws and regulations of that State. However,
the Convention does not provide for any difference
in relation to the quality of a violated
law.
However, it is strictly determined from which
zone and for what violation the pursuit may
be commenced. For example, it is prohibited
to commence the pursuit outside the contiguous
zone, against a ship which did not observe
the sanitary regulations in the territorial sea.
Together with the hot pursuit, the doctrine
of constructive presence operates. In other
words, it is not necessary the regulations to
be violated directly by the ship in internal waters
and/or territorial sea, but involvement of
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