MEDVEDYEV AND OTHERS v. FRANCE JUDGMENT
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II. RELEVANT DOMESTIC AND INTERNATIONAL LAW
A. The United Nations Single Convention on Narcotic Drugs, 1961
27. The relevant provisions of the United Nations Single Convention on
Narcotic Drugs of 30 March 1961, to which France is a party, read as
follows:
Article 35 – Action against the Illicit Traffic
“Having due regard to their constitutional, legal and administrative systems, the
Parties shall:
(a) Make arrangements at the national level for coordination of preventive and
repressive action against the illicit traffic; to this end they may usefully designate an
appropriate agency responsible for such coordination;
(b) Assist each other in the campaign against the illicit traffic in narcotic drugs;
(c) Cooperate closely with each other and with the competent international
organisations of which they are members with a view to maintaining a coordinated
campaign against the illicit traffic;
(d) Ensure that international cooperation between the appropriate agencies be
conducted in an expeditious manner; and
(e) Ensure that where legal papers are transmitted internationally for the purposes
of a prosecution, the transmittal be effected in an expeditious manner to the bodies
designated by the Parties; this requirement shall be without prejudice to the right of a
Party to require that legal papers be sent to it through the diplomatic channel;
(f) Furnish, if they deem it appropriate, to the Board and the Commission through
the Secretary-General, in addition to information required by Article 18, information
relating to illicit drug activity within their borders, including information on illicit
cultivation, production, manufacture and use of, and on illicit trafficking in, drugs;
and
(g) Furnish the information referred to in the preceding paragraph as far as possible
in such manner, and by such dates as the Board may request; if requested by a Party,
the Board may offer its advice to it in furnishing the information and in endeavouring
to reduce the illicit drug activity within the borders of that Party.”
B. The United Nations Convention on the Law of the Sea, signed at
Montego Bay on 10 December 1982
28. The relevant provisions of the United Nations Convention on the
Law of the Sea (“the Montego Bay Convention”) (to which Cambodia is not
a party) read as follows: