The right of hot pursuit is an important marine law enforcement powers ofinternational law for the protection of the rights and interests of coastal States. Itmeans a state may, as a general proposition, pursue and seize anon-national vesselsuspected of having committed a delict within the state’s maritime jurisdictional zoneswhere the vessel flees to the high seas to avoid arrest. The right of hot pursuit is anexception to the general rule that a ship on the high seas is subject only to thejurisdiction of the state whose flag she flies. In this article, I shall first introduce thenature, the historical development and codifications of the right of hot pursuit,.Second, I shall introduce the elements and procedures of implementation of the rightof hot pursuit and describe the legal basis of the exercise of the right of hot pursuit.Again I shall introduced and analyze a classic case of the right of hot pursuit:"The l,m Alone†and the case of Xinxing. Finally, I shall introduce the practice oflegislations and enforcement of the right of hot pursuit in China, Including threeaspects: the first aspect introduces legislative situation of the right of hot pursuit inChina. The second aspect analyzes the problems of the right of hot pursuit in ourlegislation. The third aspect gives the recommendations for improving the domesticlegislation of the right of hot pursuit. China’s legislation on the right of hot pursuit ismainly reflected in two laws:“Law of the People’s Republic of China on theTerritorial Sea" and" the Contiguous Zone The People’s Republic of China on theExclusive Economic Zone and Continental Shelf" But generally speaking, China’slegislation on the right of hot pursuit exist many problems. To improve the domesticlegislation of the right of hot pursuit and to strengthen the implementation mechanismof the right of hot pursuit will be conducive to safeguarding China’s maritime rightsand interests and Demonstrate their abilities and determination to protect marinesovereignty and maritime rights and interests. |