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This paper outlines the institutional history of the international narcotic drug control regime. It details the evolution of the control system, from its foundations at the beginning of the twentieth century - a period of mass, unregulated narcotic drug use - to the current period. The paper argues that the contemporary control model is ill-positioned to address the dynamic and rapidly changing nature of the global narcotics trade. The persistence of anachronistic guiding first principles, specifically the utopian idea of prohibition, is identified as the key impediment to the adoption of a more humane and effective policy approach. But while there is growing pressure for a revision of founding ideas, this is not supported by a host of powerful actors that includes the United States.
Abstract: This paper outlines the institutional history of the international narcotic drug control regime. It details the evolution of the control system, from its foundations at the beginning of the twentieth century - a period of mass, unregulated narcotic drug use - to the current period. The paper argues that the contemporary control model is ill-positioned to address the dynamic and rapidly changing nature of the global narcotics trade. The persistence of anachronistic guiding first principles, specifically the utopian idea of prohibition, is identified as the key impediment to the adoption of a more humane and effective policy approach. But while there is growing pressure for a revision of founding ideas, this is not supported by a host of powerful actors that includes the United States.
This book presents evidence that drug policies impose high costs on poor transit and producer countries. It argues that, in the face of great uncertainty about the benefits of alternative drug policies, those with lower social costs should receive greater emphasis.
There remains substantial agreement among the international community on many aspects of the contemporary UN drug control regime. However, diverging views on the non-medical and non-scientific use of a range of controlled substances make drug policy an increasingly contested and transitionary field of multinational cooperation. Employing a fine-grained and interdisciplinary approach, this book provides the first integrated analysis of the sources, manifestations and sometimes paradoxical implications of this divergence. The author develops an original explanatory framework through which to understand better the dynamic and tense intersection between policy shifts at varying levels of governance and the regime's core prohibitive norm. Highlighting the centrality of the harm reduction approach and tolerant cannabis policies to an ongoing process of regime transformation, this book examines the efforts of those actors seeking to defend the existing international control framework and explores rationales and scenarios which may lead to the international community moving beyond 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.
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.
Analysing arguably one of the most controversial areas in public policy, this pioneering Research Handbook brings together contributions from expert researchers to provide a global overview of the shifting dynamics of drug policy. Emphasising connections between the domestic and the international, contributors illustrate the intersections between drug policy, human rights obligations and the 2030 Sustainable Development Agenda, offering an insightful analysis of the regional dynamics of drug control and the contemporary and emerging problems it is facing.
​This edited collection presents an innovative approach to global security regimes. Employing both conceptual and empirical studies, the volume examines three empirically-oriented sets of cases: weapons of mass destruction, humanitarian disarmament and unconventional threats. The book combines interrogations of the most prominent prohibition/regulatory regimes while covering WMDs, humanitarian issues and other agendas such as drugs, endangered species and cyber security. It will be of interest to academics and researchers in International Relations and Security Studies.
The United Nations is a vital part of the international order. Yet this book argues that the greatest contribution of the UN is not what it has achieved (improvements in health and economic development, for example) or avoided (global war, say, or the use of weapons of mass destruction). It is, instead, the process through which the UN has transformed the structure of international law to expand the range and depth of subjects covered by treaties. This handbook offers the first sustained analysis of the UN as a forum in which and an institution through which treaties are negotiated and implemented. Chapters are written by authors from different fields, including academics and practitioners; lawyers and specialists from other social sciences (international relations, history, and science); professionals with an established reputation in the field; younger researchers and diplomats involved in the negotiation of multilateral treaties; and scholars with a broader view on the issues involved. The volume thus provides unique insights into UN treaty-making. Through the thematic and technical parts, it also offers a lens through which to view challenges lying ahead and the possibilities and limitations of this understudied aspect of international law and relations.