An examination of the doctrine of hot pursuit with special reference to the Maltese contiguous zone

Abstract

This dissertation examines the doctrine of hot pursuit in international law with special reference to the Maltese contiguous zone. In this respect, this study focuses on the historical development of the doctrine of hot pursuit in international law. It then examines the contemporary international and national legal rules regulating the doctrine of hot pursuit and the contiguous zone which emerge from the United Nations Convention on the Law of the Sea and Chapter 226 of the Laws of Malta, The Territorial Waters and Contiguous Zone Act. Several differences between international and domestic legal instruments are identified and examined. This research also examines the status of the contiguous zone under international law. In this respect, special attention is given to the right of hot pursuit undertaken as a tool for the coastal State to extend their jurisdictional powers beyond the territorial sea and to pursue vessels which have breached its customs, fiscal, immigration and sanitary laws. The status of the doctrine of hot pursuit under international law is examined in depth. This research explores the distinct procedure and conditions which must be satisfied in order for hot pursuit to commence. It then explores to what extent, if at all, do the rules regulating hot pursuit in Chapter 226 of the Laws of Malta reflect those found in the United Nations Convention on the Law of the Sea. Special attention is given to Article 8 of Chapter 226 which deals with the doctrine of hot pursuit as implemented in practice by the Armed Forces of Malta, the competent local authorities tasked with carrying out hot pursuit.