International Customs Law
1. Introduction
Issues of customs jurisdiction and powers vis-a-vis international law obligations remain thorny issues in customs operations. Powers that customs can exercise can be limited by international law through conventions and treaties which a state becomes party to especially where people can claim immunity or where vessels are on the high seas and in international waters. International conventions such as the Vienna Convention on Diplomatic Relations, the UN Convention on the Law of the Sea and United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances affect the way in which customs exercises its powers.
This report covers two incidents which happened on the weekend of 26th November at the International Airport where the baggage of the Ambassador of Brigadoon was searched by a customs official and at sea where a foreign vessel was pursued and searched in the high seas by customs. In the report I will identify the legal issues and explain whether customs acted within the provisions of international law as provided by different international conventions and proffer suggested recommendations on the way forward.
Case 1
2. Background
On the morning of 26th November, the Ambassador of Brigadoon flew into the country through the international Airport. He was accompanied by his wife and both had diplomatic passports. Due to communication breakdown between the Protocol Department of the Ministry of Foreign Affairs and the Brigadoon Foreign Ministry, there were no official delegations to meet the Ambassador at the Airport.
At the airport, a customs officer noted that a drug detector dog reacted to a piece of luggage on the carousel. The bag belonged to the Ambassador. The customs officer without knowing the identity of the Ambassador requested to examine the contents of the bag, the request which the Ambassador declined stating that he has diplomatic immunity and his bags cannot be searched. The officer insisted and
Issues of customs jurisdiction and powers vis-a-vis international law obligations remain thorny issues in customs operations. Powers that customs can exercise can be limited by international law through conventions and treaties which a state becomes party to especially where people can claim immunity or where vessels are on the high seas and in international waters. International conventions such as the Vienna Convention on Diplomatic Relations, the UN Convention on the Law of the Sea and United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances affect the way in which customs exercises its powers.
This report covers two incidents which happened on the weekend of 26th November at the International Airport where the baggage of the Ambassador of Brigadoon was searched by a customs official and at sea where a foreign vessel was pursued and searched in the high seas by customs. In the report I will identify the legal issues and explain whether customs acted within the provisions of international law as provided by different international conventions and proffer suggested recommendations on the way forward.
Case 1
2. Background
On the morning of 26th November, the Ambassador of Brigadoon flew into the country through the international Airport. He was accompanied by his wife and both had diplomatic passports. Due to communication breakdown between the Protocol Department of the Ministry of Foreign Affairs and the Brigadoon Foreign Ministry, there were no official delegations to meet the Ambassador at the Airport.
At the airport, a customs officer noted that a drug detector dog reacted to a piece of luggage on the carousel. The bag belonged to the Ambassador. The customs officer without knowing the identity of the Ambassador requested to examine the contents of the bag, the request which the Ambassador declined stating that he has diplomatic immunity and his bags cannot be searched. The officer insisted and
References: Aust A (2010), Handbook of International Law, Cambridge University Press, Cambridge. Fitzmaurice M (2002), Third Parties and the Law of Treaties, in Frowein JA & Wolfrun R (eds), Marx Planck Year Book of UN Law, Volume 6, pp. 37 -137 available at http://www.mpil.de/shared/data/pdf/pdfmpunyb/fitzmaurice_6.pdf , accessed on 08 December 2012 United Nations (1961), Vienna Convention on Diplomatic Relations, New York United Nations (1969), Vienna Convention on the Law of Treaties, New York United Nations (1982), United Nations Convention on the Law of the Sea, New York United Nations (1988), Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, New York Vark R (2003), Personal Inviolability and Diplomatic Immunity in Respect of Serious Crimes, Juridica International, Volume VIII, pp. 110 -119, available at http://www.juridicainternational.eu/?id=12585, accessed on 05 December 2012