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1 2022

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Legal assessment of the present status and effects of Illicit trade of drug substances in maritime transport

Boviatsis M., Vlachos G.

TransNav : International Journal on Marine Navigation and Safety of Sea Transportation

2022

Vol. 16 No. 2

353--359

The aim of this research is to assess the present status and effects of the illicit trade of drug substances in maritime transport. Initially, the concept of lawful cargo is explored, followed by the analysis of illegal cargo. Finally, it is concluded that the cargo's legality is subject to each jurisdiction's laws and regulations along with the fulfilment of required processes, such as paying the required taxes, maintaining proper licenses, or keeping the necessary documentation. The analysis continues with the assessment of the effects of drug substances when found on board a ship. Drug substances may be deemed legal under certain circumstances but, on most occasions, are the common cargo for illicit trafficking. The outcome of locating such unlawful transportation is the vessel's arrest in most cases. The ship-owning company is deemed liable unless proven innocent or due diligence while operating the ship. The crew is also liable and faces both civil and criminal charges. The arrest leads to the ship's layoff under the supervision of competent authorities until the vessel is released by court order after the proof of the innocence of the shipping company and crew, the insurance coverage of claims or the ship's acquisition by a new owner. The methodology utilised for this research is based on the legal doctrine assessing legislation and relevant case law, such as the case of Atlasnavios, as the primary source of data and exploring the legal intricacies and gaps of the issue in question.