R v Mill (1995)

R v Mill (1995)

Principle: A mother ship though out of the EEZ might be hot pursuited, if one of its boats or other craft working as a team and using that mother ship   .

Known as Principle of constructive presence

Fact: Russia seized the British Columbian schooner Araunah on the high seas, alleging that her crew had engaged in illegal sealing from canoes within Russian territorial waters.

Issue: whether Russia can hot pursuit the mother ship standing outside of their territorial sea?

Decision: Lord Salisbury held the case in favour of the Russia

Reasoning: The court said “even if the Araunah at the time of the seizure was herself outside the three-mile territorial limit, the fact that she was, by means of her boats, carrying on fishing within Russian waters without the prescribed license warranted her seizure and confiscation according to the provisions of the municipal law regulating the use of those waters”

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Rayhanul Islam

The author is an original thinker; often challenges the regular rule of conduct considering various perspective on the basis of scientific reasoning to ensure the peace and prosperity of the society. He works as freelancer advocate and promote legal knowledge and human right concept to the root level. The author is also a tech enthusiast and web developer, he loves psychology as well.

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