For years, drugs have been transported across national borders and sold to millions. With globalization making borders more and more porous, drug trafficking continues to increase. In a 9 June 1998 Press Release during the General Assembly’s Twentieth Special Session, the Prime Minister of Morocco said that "the development of satellite communications and other technical advancements have endowed trafficking networks with new and efficient working tools to adapt, and better exploit, the world economic system (1)". In fact, according to the United Nations Office of Drug Control 2005 World Drug Report, in 2003 opiate and cocaine seizures increased by one third, with opiate seizures amounting to 110 metric tons and cocaine seizures amounting to 495 metric tons. It is estimated that law enforcement only intercepted about a quarter of the opiate produced and roughly 44% of the cocaine produced. Production of Cannabis, or marijuana, the most widely trafficked drug, also increased, as 5,845 metric tons were seized. Additionally, Amphetamine-type stimulants (ATS) increased by 40% in 2003 (2).

Drug trafficking leads to other problems, including increased crime and poverty, and, while it particularly threatens developing countries, it affects developed countries as well. One way to reduce drug trafficking is to strengthen national borders through domestic means and international cooperation.

The world has long recognized drug trafficking as a problem. Before the United Nations was created, there were a number of treaties regarding drugs: the International Opium Convention signed at the Hague on 23 January 1912; the Agreement Concerning the Manufacture of, Internal Trade in and Use of Prepared Opium, signed at Geneva on 11 February 1925; the International Opium Convention, signed at Geneva on 19 February 1925; the Convention for Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs, signed at Geneva on 13 July 1931; and the Agreement for the Control of Opium Smoking in the Far East, signed at Bangkok on 27 November 1931. Following the creation of the UN in 1945, the Commission on Narcotic Drugs was established by the Economic and Social Council in 1946. Three more treaties were to follow (the Protocol signed at Lake Success on 11 December 1946, amending the Agreements, Conventions and Protocols on Narcotic Drugs concluded at the Hague on 23 January 1912, at Geneva on 11 February 1925 and 19 February 1925 and 13 July 1931, at Bangkok on 27 November 1931 and at Geneva on 26 June 1936; the Protocol signed at Paris on 19 November 1948 Bringing under International Control Drugs Outside the Scope of the Convention of 13 July 1931 for Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs; and the Protocol for Limiting and Regulating the Cultivation of the Poppy Plant, the Production of, International and Wholesale Trade in, and Use of Opium signed at New York on 23 June 1952).

In 1961, the Single Convention of Narcotic Drugs was signed, replacing the provisions of the previous treaties. It was followed by the 25 March 1972 Protocol, as well as the Convention on Psychotropic Substances of 21 February 1971, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 19 December 1988. These three treaties outline the functions of the Commission on Narcotic Drugs (3) and are the main treaties used in reference to international drug control, and drug trafficking.

Each of the three main international drug control treaties includes articles regarding illicit drug trafficking. Article 35 of the Single Convention of Narcotic Drugs of 1961 calls for arrangements to be made at the national level for "coordination of preventive and repressive action against the illicit traffic" (4), as well as cooperation among States and requests that States give information to the Commission on Narcotic Drugs through the Secretary-General regarding illicit drug activities within borders when deemed appropriate. It also calls for States to "assist each other in the campaign against illicit traffic of narcotic drugs" (5). Article 21 of the Convention on Psychotropic Substances of 1971 has the same provisions, except it pertains to psychotropic substances rather than narcotic drugs. The Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 has more detailed provisions to be taken regarding drug trafficking and strengthening national borders. Article 7 states that "parties shall afford one another...the widest measure of mutual legal assistance" (6), which includes taking evidence or statements, search and seizures, examining objects and sites, providing information and items. Article 9 of the Convention, regarding Other Forms of Cooperation and Training, calls for cooperation to enhance the effectiveness of law enforcement actions and for States to establish and maintain channels of communication, especially regarding the movement of narcotic drugs and psychotropic substances and the identity, whereabouts and activities of persons suspected of the drug-related offences as defined by Article 3 of the treaty. It also calls for specific training programs, which would include monitoring routes and methods of transfer. Article 10 of the Convention, International Cooperation and Assistance for Transit States, notes that "Parties shall co-operate, directly or through competent international or regional organizations, to assist and support transit states, and, in particular, developing countries in need of such assistance" (7), and allows Parties to provide financial assistance to transit states "for the purpose of augmenting and strengthening the infrastructure needed for effective control and prevention of illicit traffic" (8). Additionally, under Article 19, the Convention calls for the prevention and repression of the use of mail for illicit traffic. The treaties mainly call for cooperation among States to prevent the transnational movement of drugs.

More recently, the UNODC has worked to promote the ratification of the United Nations Convention Against Transnational Organized Crime, providing information on the Convention and legislative guides designed to assist countries considering ratification and to assist with implementation. The Convention commits States to work more closely together in the fight against transnational crime, including drug trafficking. Article 18, for example, calls for mutual assistance between states and Article 27, dealing with law enforcement, emphasizes cooperation in Paragraph 1. Article 31, regarding prevention, calls for the strengthening of communication between law enforcement agencies and private entities and improving public awareness, and requests that states collaborate with each other to fight transnational crime. The United Nations Convention Against Transnational Organized Crime was adopted by resolution A/RES/55/25 on 15 November 2000, during the fifty-fifth session of the General Assembly. It has been signed by 147 countries but only ratified by 106. Among those who have withheld ratification are two countries with veto power in the Security Council.

One issue the Convention Against Transnational Organized Crime brings up is the matter of jurisdiction when dealing with transnational crime. Article 35, paragraph 2, says that a dispute between two or more states that cannot be settled by negotiation will be submitted to arbitration or to the International Court of Justice upon request of one of those parties. However, the following paragraph in Article 35 allows countries upon Ratification, Acceptance, Approval or Accession to declare themselves not bound by the previous paragraph, and numerous states have indeed declared themselves not bound by the provisions of Article 35, paragraph 2. In its declaration, the European Community pointed out that because only States may be parties before the ICJ, "in disputes involving the community only dispute settlement by way of arbitration will be available" (9). In the case of drug trafficking, where there are non-state actors, the ICJ would not be available. The question over who should have jurisdiction over narco-trafficking is not a new one. In a press release from the General Assembly’s twentieth special session, the International Criminal Court was suggested (10). Because there are often many dimensions and many actors in the drug trade, the question of who should have jurisdiction over narco-trafficking is one that is still up for debate and not an easy one to answer.

Another issue of concern with strengthening national borders is a State’s own capability to do so. Drug trafficking can hit particularly hard in developing nations because of weak infrastructure and lack of communication among law enforcement officials. However, without the funds to strengthen infrastructure and law enforcement, developing countries will continue to have porous national borders. Since drug trafficking is transnational, weak national borders in a developing country also affect developed nations. Thus, cooperation and assistance to strengthen national borders and preventing drug trafficking are vital.

Questions:

1. Who should have jurisdiction over narco-trafficking? Should it be subject to arbitration or should another body, such as the ICC, have jurisdiction?

2. What are some obstacles the world as a whole faces when trying to strengthen national boundaries (Consider difficulties of developing nations, problems they would be more likely to encounter)?

3. Are there some areas of the three main international drug treaties that are outdated in regards to drug trafficking and strengthening national borders? Should they be re-examined in that respect?

4. How can countries be encouraged to ratify the UN Convention Against Transnational Organized Crime?

Sources:

1. UN Press Release GA/9416, 8 June 1998

4. Single Convention of Narcotic Drugs of 1961, Article 35

5. Single Convention of Narcotic Drugs of 1961, Article 35

6. Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988

7. Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988, Article 10

8. Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988, Article 10