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i n t e r nat i o na l l aw
search of any vessel flying the flag of one of the participants, with their
consent, in internal waters, territorial seas or beyond the territorial seas,
where such vessel is reasonably suspected of carrying WMD materials to
or from states or non-state actors of proliferation concern.
341
In addition,
the US has signed a number of bilateral WMD interdiction agreements,
providing for consensual boarding of vessels.
342
In a further development, Security Council resolution 1540 (2004)
required all states
inter alia
to prohibit and criminalise the transfer of
WMD and delivery systems to non-state actors, although there is no direct
reference to interdiction.
343
In addition, a Protocol adopted in 2005 to
the Convention on the Suppression of Unlawful Acts against the Safety
of Maritime Navigation provides essentially for the criminalisation of
knowingly transporting WMD and related materials by sea and provides
for enforcement by interdiction on the high seas.
344
Pollution
345
Article 24 of the 1958 Convention on the High Seas called on states to draw
up regulations to prevent the pollution of the seas by the discharge of oil
or the dumping of radioactive waste, while article 1 of the Convention on
the Fishing and Conservation of the Living Resources of the High Seas,
of the same year, declared that all states had the duty to adopt, or co-
operate with other states in adopting, such measures as may be necessary
for the conservation of the living resources of the high seas. Although
these provisions have not proved an unqualified success, they have been
reinforced by an interlocking series of additional agreements covering the
environmental protection of the seas.
The International Convention relating to Intervention on the High Seas
in Cases of Oil Pollution Casualties, signed in 1969 and in force as of June
1975, provides that the parties to the Convention may take such measures
on the high seas:
341
Participants include the US, UK, Australia, Canada, France, Germany, Italy, Japan, the
Netherlands, New Zealand, Norway, Poland, Portugal, Singapore, Spain and Turkey: see
Guilfoyle, ‘Maritime Interdiction’, p. 12.
342
Including with Liberia, Panama, Croatia, Cyprus and Belize: see Guilfoyle, ‘Maritime
Interdiction’, p. 22.
343
See below, chapter 22, pp. 1208 and 1240.
344
Guilfoyle, ‘Maritime Interdiction’, pp. 28 ff.
345
See Brown,
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