| ID | 171144 |
| Title Proper | Doctrine of constructive presence and the Arctic Sunrise award (2015) |
| Other Title Information | the emergence of the scheme theory |
| Language | ENG |
| Author | Lewis, Reece |
| Summary / Abstract (Note) | The doctrine of constructive presence allows a coastal state to pursue and arrest a vessel on the high seas, even though that vessel may have never entered the state’s jurisdiction. This is because the vessel’s presence can be “constructed” inside the state’s jurisdiction when a connection can be found with other craft, suspected of having committed an illegal act there. This article explores the impact of the Tribunal’s decision in the Arctic Sunrise case (2015) on constructive presence. It shows that the necessary link between the vessels is now found when there exists evidence of participation in an illegal scheme. |
| `In' analytical Note | Ocean Development and International Law Vol. 51, No.1; Jan-Mar 2020: p.19-34 |
| Journal Source | Ocean Development and International Law Vol: 51 No 1 |
| Key Words | Jurisdiction ; Territorial Sea ; High Seas ; Hot Pursuit ; Constructive Presence |