
10-15-2010
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Senior Member
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Join Date: Nov 2008
Location: Long Island
Posts: 1,986
Rep Power: 4
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Quote:
Originally Posted by rmeador
So if I understand correctly, there was a cat from South America that brought the drugs to Australia, then a mono that brought them from the cat to shore. Assuming the cat was in international waters at all times (I would think that's a safe assumption), what right do the Australian officers have to detain the cat? AFAIK, there is no international law saying you may not transfer drugs in international waters. Even if contact is prohibited between Australian ships and foreign ones (there is a law something to this effect in the US; I believe such contact requires you to go through customs when you get back), that wouldn't be binding on the foreign vessel. Thoughts?
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Two factors: the Aussies may have a standing agreement with, or permission from, the home country of the smuggler, to enforce on their vessels. There also is a doctrine in law called "constructive presence", which allows enforcement on a vessel outside your waters if it has an effect within your jurisdiction.
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