Jurisdiction of State at High Sea

(1) The right of hot pursuit

Any State does not exercise its jurisdiction in the case of high or open sea because they don’t to
belong to any State. But the person, things, goods whatever is within the open sea or high sea
are subjected to the jurisdiction of the State under whose flag they sail.
But there are some exceptions to this general rule under which the State can exercise its
jurisdiction on foreign ship or vessel which are as follows:-

Men of war has the right to hot pursuit if any foreign vessel or ship causes any harm or damage
to the State, and then with the purpose of escaping the liability, try to enter into the high sea or

open sea so that it can escape from the liability, then man of war can hot pursuit the ship till
the ship entered into high sea or open sea or in any other State territory.

(2) Right of visit on suspicion of piracy

If a State has suspicion on any ship that it contained pirates and offence of piracy can be
committed by them, when present in the open sea or high sea, under such circumstances men
of war has the power to take them to port and can punish, prosecute and arrest accordingly.
But if the suspicion has proved wrong, then the State will be liable to pay damages according to
Article 110 of the convention on the law of sea of 1982.

(3) Right to punish Piracy

As we know, piracy is universal offense and every State has the jurisdiction to take action
against piracy irrespective of their nationality and territory.
According to article 107 of the convention on law of sea 1982, seizure on account of piracy may
be carried out only by war ships, military aircrafts or other ships or aircrafts clearly marked and
identifiable as being on govt service and authorized to that effect.

(4) Right of belligerents during blockade

At the time of war, belligerents can apply blockades on the open sea or high sea which are
adjoining to their territorial ports and, if any merchant ship or vessel try to break the blockade
may be confiscated.

(5) Right to encounter ship without nationality

Flag of a State on ship determines the nationality of State .
So, a ship without flag or nationality may be encountered by the State but prior to encounter
the State is required to give opportunity to show their flag but in case if they fail to do so within
reasonable time then State can encounter that ship.

So, these are the certain limitations on the basis of which the state the state has the jurisdiction on foreign vessels or ships and can take action, arrest or prosecute accordingly.

Jurisdiction on aircraft

Nationality of aircraft is governed by the State of registration is clear from the provisions of the convention for the regulation of aerial navigation of 1919, and later by chicago convention 1944. The regulation act provides that registration could take place only in the state of which the owners are nationals, dual registration is prohibited by the chicago convention.

Tokyo convention of 1963 provided that the state of registration shall have jurisdiction over offences and acts committed on board while the air craft is in flight on the surface of the high seas or over the territory of the other State. Tokyo convention also provided that States other than that of registration may not interfere with aircraft in flight over the high seas except in cases when the offences has effect on such other State, or when the offence has been committed by or against one of its nationals or permanent residents or when it is against its security, or when the offence consist of a breach of air safety regulations, or when the exercise of jurisdiction is necessary to ensure the observance of its obligations under a multipartite international agreement.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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