THE CRIMINAL JURISDICTION OF A COASTAL STATE IN TERRITORIAL SEAWATERS OVER FOREIGN-FLAGGED SHIPS IN THE LIGHT OF INTERNATIONAL LAW

Abstract

The coastal State does not enjoy the same level of powers over the territorial sea as it has over land territory. The extent of the coastal State’s criminal jurisdiction over ships flying a foreign flag is determined by the Right of Innocent Passage. Although such a ship cannot be considered an extension of the flag State’s land territory, in the interests of maritime trade and safe navigation, international law of the sea confers the exercise of criminal jurisdiction primarily on the flag State. However, the coastal state can exercise this jurisdiction only in strictly limited cases.

Keywords

• criminal jurisdiction
• coastal state
• freedom of navigation
• law of the sea
• right of innocent passage
• ship’s flag state