14
MEDVEDYEV AND OTHERS v. FRANCE JUDGMENT
Article 11 – Execution of action
1. Actions taken under Articles 9 and 10 shall be governed by the law of the
intervening State ...”
E. Agreement Concerning Cooperation in Suppressing Illicit
Maritime and Air Trafficking in Narcotic Drugs and
Psychotropic Substances in the Caribbean Area, signed at
San José on 10 April 2003
31. This agreement between continental and island States of the
Caribbean area (Costa Rica, the Dominican Republic, France, Guatemala,
Haiti, Honduras, the Netherlands, Nicaragua and the United States of
America) in respect of the Vienna Convention, lays down the conditions of
the battle against trafficking in narcotic drugs in the area by introducing
broad cooperation and providing for States to be able to consent in advance
to intervention by the other States Parties on ships flying their flags.
32. It allows a State Party to take coercive action, even in the territorial
waters of another State Party, by delegation of the latter State. There are
three possibilities:
– systematic authorisation;
– authorisation if no answer is received from the flag State within four
hours of another Party submitting a request for intervention;
– express authorisation for the intervention, which corresponds to the
current legal situation under the Vienna Convention.
33. The draft law thus allows the States to consent in advance to the
intervention of other Parties on a ship flying their flag or located within
their territorial waters.
F. Domestic legislation
Law no. 94-589 of 15 July 1994 on conditions governing the exercise
by the State of its powers to carry out checks at sea
34. The relevant provisions of Law no. 94-589 of 15 July 1994 on
conditions governing the exercise by the State of its powers to carry out
checks at sea, as amended by Law no. 96-359 of 29 April 1996 on drug
trafficking at sea and adapting French legislation to Article 17 of the United
Nations Convention against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances signed in Vienna on 20 December 1988, read as
follows (version applicable at the material time):
“Part II: Special provisions adapting French legislation to Article 17 of the United
Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances, signed in Vienna on 20 December 1988.