Part V Revival of Classical Concepts?, Ch.41 Hot Pursuit
William C. Gilmore
Edited By: Marc Weller
- Self-defence — Reprisals — Maritime boundaries — Flag state — Territorial sea — Coastal states — UNCLOS (UN Convention on the Law of the Sea) — Customary international law
This chapter examines the doctrine of ‘hot pursuit’ used by the state to exercise its coercive powers beyond national territory for law enforcement purposes. It discusses hot pursuit by sea, land, and air in the context of international law, particularly with respect to self-defence and reprisal. Whilst hot pursuit is well recognized in the customary international law of the sea, it has yet to achieve that form of normative recognition in relation to pursuit on land or by air. The chapter considers the debate over hot pursuit as a legal justification for cross-border military incursions independent of the right of self-defence and describes the concept of extended constructive presence before concluding with an analysis of hot pursuit in a use of force context.