Arrests in a cold climate (Part 2) - shaping hot pursuit through state practice

Abstract

An examination of the law of hot pursuit in the context of IUU fishing in the Southern Ocean and Australian state practice. The central questions considered in this paper are: (1) has the actual exercise of the right become so hamstrung by the prescriptive and cumulative requirements of Article 111 of the LOSC that in the current maritime environment it is little more than a hollow promise of coastal State authority? Further,: (2) has State practice in the pursuit and arrest of illegal fishing vessels been sufficient to bring a new understanding of (and agreement on) how the right may be exercised?