Mutual assistance in the framework of the International Law of the Sea against illicit drug trafficking by sea: the case of Spain and Colombia

Abstract

The United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances devotes Article 17 to combating illicit traffic by sea. It establishes a mechanism for the suppression of such activities when they are carried out outside the territorial sea of States in accordance with the International Law of the Sea. Among the tools envisaged is the possibility for the Parties to establish bilateral and multilateral agreements to make the provisions of the Convention more effective. Due to its location and geographical characteristics, Spain has become the gateway for drugs into Europe. For this reason, taking the aforementioned provision as a reference, it has concluded bilateral treaties with Italy and Portugal to try to speed up the intervention of vessels flying the flags of the States Parties that are carrying out this type of activity. Similarly, Colombia, as a major exporter of illicit substances from the South American continent, has signed an agreement with the United States for the same purpose. This study analyses the different Agreements, contrasting the cooperation mechanisms established, as well as those issues that are addressed from different perspectives, such as the use of force and firearms.