NCJ Number
154306
Journal
Brigham Young University Law Review Dated: (1992) Pages: 165-190
Date Published
1992
Length
26 pages
Annotation
This comment examines some of the international ramifications of United States extraterritorial criminal law enforcement, with particular attention to drug law enforcement.
Abstract
Part II reviews the international law of drug enforcement as codified in multinational treaties and solidified by a United Nations convention. Part III recounts the history of the so- called "Drug War" currently being waged by the United States and summarizes the current focus of Federal drug enforcement efforts. Part IV examines an example of conflict between United States drug policy and international law by discussing recent legislative efforts to expand the U.S. Coast Guard's jurisdiction over stateless vessels on the high seas. Part V addresses the practical, diplomatic, and philosophical problems posed by the United States' ever-expanding criminal law enforcement presence in foreign countries and at sea. The author concludes that the extraterritorial enforcement of U.S. drug laws is not working. The failure is not due to inadequate manpower, ships, money, or prosecutorial tools, but rather to moral inconsistency and economics. As long as the American appetite for crack, cocaine, marijuana, and heroin remains strong, drug trafficking will persist. Demand cannot be eliminated through the unilateral expansion of extraterritorial jurisdiction in a drug effort that is unwinnable. International cooperation is still vital to overall success, however, and should continue to be sought. Unilateral efforts to expand jurisdiction will not be effective. All nations should participate in the formation of international law. 110 footnotes