Legal Aspects Of International Drug Control

The need for suppressing the illicit traffic in drugs can hardly be over-emphasized. Yet, the licit uses of drugs, especially for medical and scientific needs, cannot be suppressed. Apparently, it is a ques tion of determining the vvorld requirements of drugs for such legiti mate uses, and of producing and manufacturing them accordingly. Owing to their multifarious medical uses in various parts of the world, it proves to be almost impossible to determine exactly the amount of drugs required for legitimate purposes. There is also the complicating factor that drugs are used for sociological and religious reasons, which have a long history. Not only arc the licit uses and legitimate amounts of drugs difficult to determine but also such difficulties give rise to illicit traffic in them. Yet, it is believed that a concerted international policy, coupled with national co-operation, on various facets of the related problems-namely, limitation of production and/or manufacture of drugs, restriction on cultivation of plants that may contribute to addiction-producing substances, training and rehabilitation of drug addicts, and efficient national administration-would help eradicate drug-abuse. In search of an appropriate remedy, this book has been devoted to a practical study of the problem and to exploring, in this area of international law, the relationship between the political and econ omic interests and the international economic order.

The UN Drug Conventions - the 1961 Single Convention on Narcotic Drugs, the 1971 Psychotropic Convention, the 1972 Protocol to the Single Convention and the 1988 UN Drug Trafficking Convention - regulate the global suppression of illicit drugs. This volume examines the provisions of these conventions that require states to adopt penal measures against drugs in their domestic law. Its introductory chapters explore the controversial application of drug prohibition by international society and the historical development of this policy through the penal provisions of the drug conventions. The substantive chapters investigate the various facets of the illicit drug control system created by these penal provisions: crimes and penalties; jurisdiction and extradition; general and specific forms of drug law enforcement co-operation; and the supervision of the system by the UN drug control organs. The conclusion offers a general critique of the system and makes suggestions about its future development.

In Child Rights and Drug Control on International Law, Damon Barrett explores the meaning of the child’s right to protection from drugs under the UN Convention on the Rights of the Child, and the relationship between this right and the UN drug control conventions

Providing a comprehensive analysis of drug misuse, dependence and the ways in which different parts of the world have responded to these problems, this volume examines aspects of the contemporary drug problem, the related debate and the way in which society is responding to it.

This book provides for an extensive legal analysis of the international drug control system in light of the growing challenges and criticism that this system faces. In the current debate on global drug policy, the central pillars of the international drug control system – the UN Drug Conventions as well as its institutions – are portrayed as outdated, suppressive and seen as an obstacle to necessary changes. The book’s objective is to provide an in-depth and positivist insight into drug control’s present legal framework and thus provide for a better understanding of the normative assumptions upon which drug control is currently based. This is attained by clarifying the objectives of the international drug control system and the premises by which these objectives are to be achieved. The objective of the current global framework of international drug control is the limitation of drugs to medical and scientific purposes. The meaning of this objective and its concrete implications for States’ parties as well as its problems from the perspective of other regimes of international law, most notably international human rights law, are extensively analysed. Additionally, the book focuses on how the international drug control system attempts to reach the objective of confining drugs to medical and scientific purposes, i.e. by setting up a universal system that exercises a rigid control on drug supply. The consequences of this heavy focus on the reduction of drug supply are outlined, and the book concludes by making suggestions on how the international drug control system could be reformed in the near future in order to better meet the existing challenges. The analysis occurs from a general international law perspective. It aims to map the international drug control system within a wider context of international law and to understand whether the problems that the international drug control system faces are exemplary for the difficulties that institutionalized systems of global scope face in the twenty-first century.

Contents: (1) Introduction; (2) U.S. National Drug Control Strategy; Funding; Agency Roles; (3) International Drug Control Tools; Multilateral Cooperation; Foreign Assistance Sanctions; ¿Drug Majors¿ and the Certification Process; Methamphetamine Precursor Chemicals; Crop Eradication; Alternative Development; Interdiction; Anti-Money Laundering Efforts; Extradition; Institutional Capacity Building; (4) Legislative Issues for the 111th Congress: Mérida Initiative; Plan Colombia and the Andean Counterdrug Program; Afghanistan Counterdrug Programs; (5) Alternative Policy Approaches; Rebalance Current Drug Policy Tools; Reevaluate Prohibitionist Drug Regime; Expand International Criminal Court Jurisdiction. Charts and tables.

This book explores how international drug control law should be interpreted within the context of international human rights law.

This book uses a human rights perspective – developed philosophically, politically and legally – to change the way in which we think about drug control issues. The prohibitionist approach towards tackling the ‘drugs problem’ is not working. The laws and mentality that see drugs as the problem and tries to fight them, makes the ‘drugs problem’ worse. While the law is the best-placed mechanism to regulate our actions in relation to particular drugs, this book argues against the stranglehold of the criminal law, and instead presents a human rights perspective to change the way we think about drug control issues. Part I develops a conceptual framework for human rights in the context of drug control – philosophically, politically and legally – and applies this to the domestic (UK) and international drug control system. Part II focuses on case law to illustrate both the potential and the limitations of successfully applying this unique perspective in practice. The conclusion points towards a bottom-up process for drug policy which is capable of reconfiguring the mentality of prohibition. This book will be of interest to students and scholars of human rights, criminal law, criminology, politics and socio-legal studies.