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Part II Maritime Security Law, 15 The Illicit Trafficking of Drugs

Efthymios Papastavridis

From: The IMLI Manual on International Maritime Law: Volume III: Marine Environmental Law and International Maritime Security Law

Edited By: David Joseph Attard, Malgosia Fitzmaurice, Norman Martinez, Riyaz Hamza

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 24 June 2024

Drug trafficking — Regional co-operation — Exclusive economic zone — High seas — Ships / vessels — Territorial sea — UNCLOS (UN Convention on the Law of the Sea)

This chapter first explores the legal bases for drug interdiction operations at sea, both on multilateral and unilateral levels; in more detail, the analysis commences with the UN Convention on the Law of the Sea (UNCLOS), which does, albeit scarcely, provide for the suppression of drug trafficking. Then, the focus shifts to the 1988 Vienna Convention and the other multilateral instruments, which set out the legal framework for interception operations and for the assertion of enforcement jurisdiction over the relevant crimes. This is followed by an analysis of the respective bilateral arrangements especially in the Caribbean basin. In addition, all possible justifications under customary law, especially instances of ad hoc consent for drug-trafficking interdiction, are canvassed.

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