MEDVEDYEV AND OTHERS v. FRANCE JUDGMENT
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Convention”) (to which France is a party but not Cambodia) read as
follows:
Article 17 – Illicit traffic by sea
“1. The Parties shall cooperate to the fullest extent possible to suppress illicit traffic
by sea, in conformity with the international law of the sea.
2. A Party which has reasonable grounds to suspect that a vessel flying its flag or
not displaying a flag or marks of registry is engaged in illicit traffic may request the
assistance of other Parties in suppressing its use for that purpose. The Parties so
requested shall render such assistance within the means available to them.
3. A Party which has reasonable grounds to suspect that a vessel exercising freedom
of navigation in accordance with international law, and flying the flag or displaying
marks of registry of another Party is engaged in illicit traffic may so notify the flag
State, request confirmation of registry and, if confirmed, request authorisation from
the flag State to take appropriate measures in regard to that vessel.
4. In accordance with paragraph 3 or in accordance with treaties in force between
them or in accordance with any agreement or arrangement otherwise reached between
those Parties, the flag State may authorise the requesting State to, inter alia:
(a) Board the vessel;
(b) Search the vessel;
(c) If evidence of involvement in illicit traffic is found, take appropriate action with
respect to the vessel, persons and cargo on board.
5. Where action is taken pursuant to this Article, the Parties concerned shall take
due account of the need not to endanger the safety of life at sea, the security of the
vessel and the cargo or to prejudice the commercial and legal interests of the flag
State or any other interested State.
6. The flag State may, consistent with its obligations in paragraph 1 of this Article,
subject its authorisation to conditions to be mutually agreed between it and the
requesting Party, including conditions relating to responsibility.
7. For the purposes of paragraphs 3 and 4 of this Article, a Party shall respond
expeditiously to a request from another Party to determine whether a vessel that is
flying its flag is entitled to do so, and to requests for authorisation made pursuant to
paragraph 3. At the time of becoming a Party to this Convention, each Party shall
designate an authority or, when necessary, authorities to receive and respond to such
requests. Such designation shall be notified through the Secretary-General to all other
Parties within one month of the designation.
8. A Party which has taken any action in accordance with this Article shall
promptly inform the flag State concerned of the results of that action.