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The doctrine of constructive presence and the Arctic Sunrise Award (2015): The emergence of the “scheme theory”

Lewis, Reece 2020. The doctrine of constructive presence and the Arctic Sunrise Award (2015): The emergence of the “scheme theory”. Ocean Development and International Law 51 , pp. 19-34. 10.1080/00908320.2019.1617927

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Abstract

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.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Subjects: K Law > K Law (General)
Uncontrolled Keywords: Constructive presence, hot pursuit, jurisdiction, high seas, territorial sea
Publisher: Taylor & Francis
ISSN: 0090-8320
Date of Acceptance: 24 November 2018
Last Modified: 04 Feb 2020 11:12
URI: http://orca.cf.ac.uk/id/eprint/125649

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