Anyone know what kind of rules/laws apply to international waters? I’m asking because a “friend of mine” had a brilliant idea about setting up some ship-based pot growing operation on international waters and sell the pot (or whatever commodity brings in the dough) on international waters. Maybe sell it to passing cruise ships or set up shop as near as possible to the coast so landlubbers can come shopping.
Well, I don’t know about your “friend’s” idea, but the bulk of the international law as regards seafaring and water rights is contained in the UN Law of the Sea. You can find the text of it here: http://www.un.org/Depts/los/convention_agreements/texts/unclos/closindx.htm.
Relatedly but not entirely, there’s this.
-Jon
Even if such off-shore operation was possible, I think your friend might just be jailed if/when he sets foot on land.
Juan, I’m not sure why. If the crime isn’t committed inside a jurisdiction, how can that jurisdiction’s legal authority extend to that person?
liberty student, you’re right about the jurisdiction of international waters, for the most part. But jurisdiction could be claimed by the sovereign entity from whose port (or shore) the vessel was initially launched or with which the vessel is registered. This would only matter, technically, if the land onto which the “friend” walks is within the boundaries of that sovereign entity. But jurisdictional overreaches happen all the time, especially in cases of narcotics trafficking. Just look at the U.S. for many examples of that.
It seems to me that the powers that be can do pretty much what they want. So, I’m sure they can reform the ‘legal’ system in a way that would render such operation impossible. Sorry if I sound a bit pessimistic…
But let’s say that nobody has jurisdiction on the high seas, so it’s possible to produce and sell ‘illegal’ drugs there. The problem remains - how will the goods be delivered to the customers ? A buys x pounds of stuff - what happens when A tries to re-enter his country ?
Nah, man, it is clear that the state considers itself your owner. Consider states like CA or MA that have laws where, if you buy something outside of their juristictions without sales tax, you owe the state the CA or MA sales tax you would have paid if you had bought it in-state. The state considers itself to have the power to regulate its "resident"s’ commerce, wherever they may roam.
Your friend’s idea might have worked a few decades ago, but the US has extended its jursidiction since then:
http://slate.msn.com/id/1007689/
It might still work if his ship is flying the flag of a country which is not a party to the agreement - North Korea, perhaps.
Even if he did get it to work, his customers could not take their drugs back to land, or even on board their own ships. Is he planning to provide facilities for his clients to enjoy their drugs in situ? In that case, he had better take steps to protect himself from deranged junkies.
For that matter, he should also take steps to protect himself from pirates. He can’t just call the US coastguard if pirates board his boat and seize his cargo. He’d be lucky to escape with his life.
I’m not sure about this question, but by your friend having to flee to the oceans to do his business, he is simply acknowledging the state’s power over his life. What he should do is swear all his customers to secrecy and continue his business in his home country. That way, he can help to undermine the state.
Just buy some cheap land in Wyoming and the feds would never find you.
The United Nations Convention on the Law of the Sea; part VII, article 108, paragraph 1: “All States shall cooperate in the suppression of illicit traffic in narcotic drugs and psychotropic substances engaged in by ships on the high seas contrary to international conventions.”
If I were judge or juror and someone challenged the authority of UN treaties over international waters I would uphold it purely on positive law.
Has anyone thought about pirates? Pirates are still a threat, and if your friend has a load of drugs on board his vessel, he’s likely to get raided. So make sure to be armed to the teeth too.