The right of hot pursuit and maritime enforcement in malaysia: constraints and restraints

Although the right of hot pursuit is firmly established in international law, there exists much uncertainty over the precise boundaries of this rule. These uncertainties are particularly troublesome because they demand a delicate balancing of three imperatives of international law - state sovereignt...

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Main Author: Hamid, Abdul Ghafur@Khin Maung Sein
Format: Monograph
Language:English
Published: s.n 2012
Subjects:
Online Access:http://irep.iium.edu.my/33470/
http://irep.iium.edu.my/33470/1/EDW-A-10-178-0725..pdf
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author Hamid, Abdul Ghafur@Khin Maung Sein
author_facet Hamid, Abdul Ghafur@Khin Maung Sein
author_sort Hamid, Abdul Ghafur@Khin Maung Sein
building IIUM Repository
collection Online Access
description Although the right of hot pursuit is firmly established in international law, there exists much uncertainty over the precise boundaries of this rule. These uncertainties are particularly troublesome because they demand a delicate balancing of three imperatives of international law - state sovereignty, freedom of the seas, and enforcement of law and order. The present paper is an attempt to seek answers to these uncertainties on the basis of State practice and scholarly writings. After ascertaining the law governing the right of hot pursuit, the paper proceeds to examine the position of maritime enforcement in Malaysia and the constraints and restraints of the Malaysian Maritime Enforcement Agency (MMEA). The paper concludes that there is an urgent need to reform the MMEA statute in order to effectively maintain law and order in the Malaysian maritime zones. The paper comes out with suggested amendments to the appropriate provisions of the MMEA Act, including a new chapter on the right of hot pursuit, together with the justifications for these amendments.
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spelling iium-334702023-04-18T07:18:22Z http://irep.iium.edu.my/33470/ The right of hot pursuit and maritime enforcement in malaysia: constraints and restraints Hamid, Abdul Ghafur@Khin Maung Sein K Law (General) Although the right of hot pursuit is firmly established in international law, there exists much uncertainty over the precise boundaries of this rule. These uncertainties are particularly troublesome because they demand a delicate balancing of three imperatives of international law - state sovereignty, freedom of the seas, and enforcement of law and order. The present paper is an attempt to seek answers to these uncertainties on the basis of State practice and scholarly writings. After ascertaining the law governing the right of hot pursuit, the paper proceeds to examine the position of maritime enforcement in Malaysia and the constraints and restraints of the Malaysian Maritime Enforcement Agency (MMEA). The paper concludes that there is an urgent need to reform the MMEA statute in order to effectively maintain law and order in the Malaysian maritime zones. The paper comes out with suggested amendments to the appropriate provisions of the MMEA Act, including a new chapter on the right of hot pursuit, together with the justifications for these amendments. s.n 2012-05-28 Monograph NonPeerReviewed application/pdf en http://irep.iium.edu.my/33470/1/EDW-A-10-178-0725..pdf Hamid, Abdul Ghafur@Khin Maung Sein (2012) The right of hot pursuit and maritime enforcement in malaysia: constraints and restraints. UNSPECIFIED. s.n, Kuala Lumpur. (Unpublished) EDW A 10-178-0725
spellingShingle K Law (General)
Hamid, Abdul Ghafur@Khin Maung Sein
The right of hot pursuit and maritime enforcement in malaysia: constraints and restraints
title The right of hot pursuit and maritime enforcement in malaysia: constraints and restraints
title_full The right of hot pursuit and maritime enforcement in malaysia: constraints and restraints
title_fullStr The right of hot pursuit and maritime enforcement in malaysia: constraints and restraints
title_full_unstemmed The right of hot pursuit and maritime enforcement in malaysia: constraints and restraints
title_short The right of hot pursuit and maritime enforcement in malaysia: constraints and restraints
title_sort right of hot pursuit and maritime enforcement in malaysia: constraints and restraints
topic K Law (General)
url http://irep.iium.edu.my/33470/
http://irep.iium.edu.my/33470/
http://irep.iium.edu.my/33470/1/EDW-A-10-178-0725..pdf