유엔해양법협약상 추적권의 법적 쟁점에 관한 연구

Abstract

The Hague Codification Conference of 1930 disclosed a general agreement among the participating States with regard to the acceptance of the right of hot pursuit. After that, it was codified in Article 23 of the 1958 Geneva Convention on the High Seas and was adopted virtually unaltered in Article 111 of the 1982 United Nations Convention on the Law of the Sea . Whilst this heritage gives the doctrine legitimacy, yet it is also restrictive, for although the right as articulated in the High Seas Convention has remained unchanged for the past 50 years, the environment in which maritime operations are conducted has been dramatically transformed. Therefore, there are some things that do not consistent with current practices in the application of the right of hot pursuit.

The right of hot pursuit is an exceptional and extreme act to acknowledge pursuing a foreign vessel into the high sea and capturing it, which makes it essential that they should strictly interpret the concerned regulations and meet the preconditions recognized by related conventions and customary law when exercising the right. It is unreasonable to interpret the regulations set over 50 years ago as they are and apply them to the contemporary cases. There are opposing views on certain conditions between some scholars.

The right of hot pursuit, which guarantees the effectiveness of jurisdiction exercise by a coastal States, plays important roles in today's world, where the importance of the sea is growing every day with coastal States facing IUU fishing restrictions and issues of marine environment protection with regard to the protection of marine biological resources. This study thus set out to review the current controversial conditions related to the procedure of the principle of right of hot pursuit, examine and sort out the patterns and precedents of interpreting and applying each country's practice regarding the matter and Article 111 of the United Nations Convention on the Law of the Sea, and provide useful data to help the government apply the right of hot pursuit to future events.

Chapter Ⅰ introduces the purpose and scope of this study.

Chapter Ⅱ reviews the concept and formation process of the right of hot pursuit in international law.

Chapter Ⅲ examine the requirements and procedures of the exercise of the right of hot pursuit in the United Nations Convention on the Law of the Sea.

Chapter Ⅳ study the modern issues of the exercise of the right of hot pursuit in the United Nations Convention on the Law of the Sea including cases related with each issue.

Chapter Ⅴ as a conclusion, describes the result of this study.