The Doctrine of Constructive Presence and the Arctic Sunrise Award (2015): The Emergence of the “Scheme Theory”.

Reece Lewis*

*Corresponding author for this work

Research output: Contribution to journalArticle (Academic Journal)peer-review

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.
Original languageEnglish
Pages (from-to)19-34
Number of pages16
JournalOcean Development and International Law
Volume51
Issue number1
Early online date28 May 2019
DOIs
Publication statusE-pub ahead of print - 28 May 2019

Keywords

  • Constructive presence
  • hot pursuit
  • jurisdiction
  • high seas
  • territorial sea

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