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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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The Right of Hot Pursuit in International Law 2nd ed

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Nicholas M. PoulantzasUniversity of Piraeus, Athens, Greece

ISBN13: 9789041117861
ISBN: 9041117865
Published: July 2004
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: £204.00

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In three parts the author examines the right of hot pursuit on land, in the international law of the sea, and in international air law. He critically analyzes the development of the right, its present status and position in the future. Hence, solutions are proposed to present problems of international law in connection with the right of hot pursuit, as well as to problems which may arise in the future. Thus, the doctrine of hot pursuit is placed within the framework of modern international law and examined in the light of recent developments. These extensively discussed developments include not only consideration of the right of hot pursuit in connection with guerilla warfare techniques and conflicts not amounting to war, but also all recent evolutions in the international law of the sea, including, inter alia, problems appertaining to fisheries, exploration and exploitation of the continental shelf, pirate radiostations, and pollution of the sea.;In addition, the right of hot pursuit in international air law is examined in connection with all modern situations, for instance, recent interception techniques of intruding aircraft, contiguous air space limits, hi-jacking of aircraft and air piracy. This work is an extended and updated edition of the book first published in 1969.

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Preface to the First Edition. Acknowledgements for the First Edition. Introduction. Part one: The Right of Hot Pursuit on Land.
1.General-International Treaties.
2. The United States-Mexican Border Incidents.
3. Communist Aggression Against Greece (1946-1949).
4. The Korean Conflict (1950-1953).
5. The Hungarian-Austrian Border Incidents (1956-1957).
6. The Algerian War of Independence.
7. The Israeli-Jordanian Border Incident of November 13, 1966.
8. The Israeli-Jordanian Border Incident of April 8, 1968.
9. The Question of the Mercenaries and the Democratic Republic of Congo (1967-1968).
10. The Present Vietnam Conflict. Part two: The Right of Hot Pursuit in the International Law of the Sea. Introductory. A: Legal Concept and Sources. I. Legal Concept. II. Sources. Section I: Codification -- International Treaties. Codification Efforts. International Treaties. Section II: Select Case-Law. I. International Arbitral Awards. II. Judgments Rendered by Municipal Courts.
1. Cases Connected With the Theory of Constructive Presence.
2. Other Cases of Hot Pursuit. Section III: National Legislation.
1. American Continent.
2. Europe.
3. African Continent.
4. Asia.
5. Oceania. Section IV: The Teaching of Publicists. I. Authors Accepting the Right of Hot Pursuit. II. Authors Accepting the Right of Hot Pursuit only Under Certain Strict Conditions. III. Authors Against the Right of Hot Pursuit. B: Analysis of the Right of Hot Pursuit. III: Prerequisites of the Right of Hot Pursuit. Section I: Acts of Offences Giving Right to Hot Pursuit.
1. The Nature of Acts and Offences Entitling the Coastal State to Hot Pursuit.
2. Seriousness of the Offence.
3. Acts and Offences Entitling Coastal States to Hot Pursuit During Innocent Passage.
4. Is Hot Pursuit Permitted in Case of an Attempted Offence, of Suspicion, or in Case of an Offence Committed by Negligence? Section II: The Area of Hot Pursuit.
1. Hot Pursuit Starting in the Internal Waters, Territorial Sea and the Contiguous Zone of the Coastal State.
2. Hot Pursuit Starting from Within Adjacent Zones -- Other than the Contiguous Zone -- Established for Certain Special Purposes.
3. The Outer Limit of Hot Pursuit. Section III: Craft Entitled to the Right of Hot Pursuit. Section IV: Position of the Vessels and other Prerequisites for the Commencement of Hot Pursuit.
1. Simultaneous Presence of the Vessels in the Same Zone.
2. Location of the Infringing Vessel.
3. The Signal to Stop. IV: Procedure of Hot Pursuit. Section I: Immediate Commencement and Non-Interruption of Hot Pursuit.
1. Immediacy of Hot Pursuit.
2. Continuity of Hot Pursuit. Section II: Hot Pursuit of an Infringing Vessel by Aircraft. Section III: Hot Pursuit by Relays. Section IV: Conclusion of Hot Pursuit.
1. Cessation of Hot Pursuit.
2. May Hot Pursuit Be Resumed After Cessation? 3. Termination of Hot Pursuit.
4. Notification to the Flag State. C: Some Problems connected with the Right of Hot Pursuit. IV: Escort of an Arrested Vessel Across the Hig