scholarly journals Drug Policy Reform in the Americas: A Welcome Challenge to International Law

AJIL Unbound ◽  
2020 ◽  
Vol 114 ◽  
pp. 301-306
Author(s):  
Álvaro Santos
Keyword(s):  
International Law ◽  
Drug Policy ◽  
Law And Order ◽  
Innovative Strategies ◽  
Legal Reforms ◽  
Law And Policy ◽  
Transformative Potential ◽  
Drug Law ◽  
International Obligations ◽  
Drug Policy Reform

Drug policy in the American hemisphere is in flux. After decades whereby a prohibitionist regime reigned supreme and proposing alternatives was taboo, several countries have begun to reconsider policy, particularly in the case of marijuana. International law has been instrumental in building the legal and institutional regime of prohibition, and it has remained largely impervious to critiques of its disastrous consequences. Indeed, when it comes to drug law and policy, international law has been part of the problem. Nevertheless, countries in the Americas have begun to adopt innovative strategies that also embrace international obligations. In this essay, I examine the failures of the law and order paradigm behind prohibition. I then analyze legal reforms in the Americas as motivated by three different perspectives: 1) human rights, 2) public health and 3) political economy. Each one offers a powerful challenge to prohibition but relies on different assumptions and offers different transformative potential.

Possessing Drugs, Possessing Rights: Harm Reduction and Drug Policy Reform in Argentina

2021 ◽  
pp. 009145092110340
Author(s):  
Shana Harris
Keyword(s):  
Drug Use ◽  
Social Services ◽  
Drug Policy ◽  
Policy Reform ◽  
People Who Use Drugs ◽  
Negative Effects ◽  
Drug Law ◽  
National Drug ◽  
Drug Traffickers ◽  
Drug Policy Reform

Argentina’s national drug law, Law 23.737, has been in effect since 1989. Based on prohibitionist drug policy, this law was intended to severely punish drug traffickers and protect the public from drug use-related health concerns. However, it has failed to achieve these goals, and instead targets people who use drugs (PWUD) and brands them “criminals.” In response, the Argentine government announced its intent to reform Law 23.737 in 2008, sparking widespread debate among health, legal, and social service professionals. This article discusses this debate from the perspective of harm reductionists, those who work to reduce the negative effects of drug use rather than eliminate drug use or ensure abstinence. Drawing on archival research and 16 months of ethnographic fieldwork in Argentina, this article examines the positionality of harm reductionists in this drug policy reform, particularly the controversial proposal to decriminalize drug possession for personal use. Demonstrating their contention that Argentina’s legal apparatus is a major contributor to PWUD’s discrimination, stigmatization, and isolation from health and social services, I argue that challenging these problems through policy engagement allows Argentine harm reductionists to draw attention to the broader question of PWUD’s rights and to ultimately recast PWUD as rights-bearing citizens.

A persistent paradox: Drug law and policy in Canada

1999 ◽  
Vol 41 (2) ◽  
pp. 275-284 ◽  
Author(s):  
Patricia G. Erickson
Keyword(s):  
Law And Policy ◽  
Drug Law

In Lieu of a Conclusion

2018 ◽  
Author(s):  
John Linarelli ◽  
Margot E Salomon ◽  
Muthucumaraswamy Sornarajah
Keyword(s):  
Human Rights ◽  
International Law ◽  
Global Economy ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Current State ◽  
Neoliberal Capitalism ◽  
Transformative Potential ◽  
International Economic Law ◽  
Human Rights Norms

This chapter recaps the main themes of the volume, ie that the international law of the global economy is in a state of disorder. Claims about the justice, fairness, or benefits of the current state of international law as it relates to the global economy are fanciful. A more credible picture emerges when one considers who is protected, against what, and those relations that are valued and those that are not. Moreover, these claims above all require a suspension of a reflective attitude about what international law actually says and does. When it comes to international economic law, power is masked behind a veil of neutrality when it certainly is not neutral in the interests it protects and offends. As for international human rights law, it overlooks the ways in which it props up extreme capitalism foreclosing the possibility of transformative structural change to neoliberal capitalism. In its most radical areas, human rights norms have been blocked from making demands on the design of the global economy precisely because of their transformative potential. Among the central critiques of international law presented in this book is that international law must be justifiable to those who are subject to it.

Outlawing Opposition, Imposing Rule of Law: Authoritarian Constitutionalism in Cambodia

2021 ◽  
pp. 1-25
Author(s):  
Benjamin LAWRENCE
Keyword(s):  
Rule Of Law ◽  
Meaning Making ◽  
Law And Order ◽  
Normative Power ◽  
Legal Reforms ◽  
Political Processes ◽  
Opposition Party ◽  
Empirical Fact

Abstract Cambodia's Constitution, promulgated in September 1993, was to be the foundation of a transition to liberal, multiparty democracy. Yet, despite the document's seeming commitment to those very principles, constitutional provisions are frequently used to undermine liberal rule of law and to impose restrictions on political processes, freedoms, and rights. Focusing on the events of 2016–2017, including the jailing of opposition politicians, controversial legal reforms, and the dissolution of the country's foremost opposition party, this article demonstrates how authoritarian practices in Cambodia are framed in terms of adherence – even fidelity – to the Constitution. Further, it explores how ideas of ‘stability’ and ‘law and order’ often elide with those of rule of law in discourses and practices that simultaneously exalt and hollow out the normative power of the Constitution. This article posits that a socio-legal approach that pays particular attention to discourse can shed new light on the empirical fact of authoritarian constitutionalism, but also the processes of meaning-making that accompany, facilitate, and legitimize its practice. Far from merely a sham, then, Cambodia's Constitution – like many others – is imbricated in a complex web of contestation and legitimation that extends far beyond the walls of any courtroom.

scholarly journals On the biopolitics of humane drug policies: What can we learn from 19th century sobriety boards?

2021 ◽  
pp. 145507252110158
Author(s):  
Kenneth Arctander Johansen ◽  
Michel Vandenbroeck ◽  
Stijn Vandevelde
Keyword(s):  
19Th Century ◽  
Drug Policy ◽  
Policy Reforms ◽  
Chief Executives ◽  
Critical Studies ◽  
Drug Policies ◽  
Drug Dependent ◽  
And Control ◽  
The 19Th Century ◽  
Drug Policy Reform

Background: In accordance with recommendations from The United Nations’ Chief Executives Board of Coordination, several countries are in the process of reforming their punitive drug policies towards health-based approaches – from punishment to help. The Portuguese model of decriminalisation is generally seen as a good model for other countries and has been scientifically described in favourable terms, and not much scrutinised. Method: This article draws on foucauldian archaeological and genealogical approaches in order to understand and compare governance logics of the 19th century Norwegian sobriety boards and 21st century Portuguese commissions. In doing this, we problematize contemporary drug policy reform discussions that point to the “Portuguese model”, which aims to stop punishing and start helping drug-dependent people, are problematised. Findings: The Portuguese commissions investigate whether drug-using people are dependent or not. Dependency, circumstances of consumption and their economy are considered when the commission decides on penalising, assisting, or treating the person, or a combination of all this. This model was studied alongside the Norwegian sobriety boards mandated by the Sobriety Act that was implemented in 1932. Sobriety boards governed poor alcoholics. Authorities from the sobriety movement were central in creating sobriety policies that culminated in sobriety boards. The Portuguese commissions have similarities to Norwegian sobriety boards. They make use of sanctions and treatment to govern people who use illicit substances to make them abstain, with the view that this is emancipatory for these people. The different apparatuses have distinct and different ways of making up, and governing their subjects. Conclusion: This article contributes to debates on drug policy reforms and aims to investigate whether they might produce biopower effects of governance masked by an emancipatory language. There is a need for critical studies on drug policy reforms to avoid policies that maintain divisions and control marginalised populations.

scholarly journals Shadow Committees: On “Drug User Voice,” Representation, and Mobilization in a Norwegian Drug Policy Reform

2021 ◽  
pp. 009145092110037
Author(s):  
Aleksandra Bartoszko
Keyword(s):  
Drug User ◽  
Drug Policy ◽  
Drug Users ◽  
Policy Reform ◽  
Political Representation ◽  
Illegal Drug Use ◽  
Conservative Policy ◽  
Political Landscapes ◽  
Alternative Organization ◽  
Drug Policy Reform

Until recently, Norway remained immovable on its conservative policy that illegal drug use is a crime. In 2018, the Health Minister appointed an inquiry commission to design a less restrictive drug policy, which included two “drug user representatives.” But the Minister’s choices for these posts met massive dissatisfaction from some drug users who contended that the representatives “are not real drug users” and do not “speak for” nor “act on the behalf” of their experiences and opinions. They mobilized to establish an alternative organization, the Shadow Committee, to propose a drug policy reform shaped by “the user voices” and “not polluted by political compromises.” Yet, while performing a labor of difference, this committee, too, became caught in conflicting landscapes of representation with some members contesting strategic solidarity. Based on this case, and an ethnographic fieldwork among the protesters, this article investigates the concept of representation as understood, contested and applied by “drug users.” Exploring how they relate to “user voices” and question the authenticity of some of “user representatives,” I highlight how changing political landscapes affect understandings of representation and shape political, individual and collective forms of involvement. I draw on Pitkin’s political philosophy and apply the classical categorization of political representation to suggest reconsidering the governing assumptions regarding “user representatives” that increasingly inform drug and treatment policies in Norway. I ask if the concept of representation itself may be a barrier to meaningful involvement.

scholarly journals SECURING HUMAN RIGHTS IN THE FACE OF INTERNATIONAL INTEGRATION

2011 ◽  
Vol 60 (1) ◽  
pp. 125-165 ◽  
Author(s):  
Israel de Jesús Butler
Keyword(s):  
Human Rights ◽  
International Law ◽  
Regional Level ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Governmental Organizations ◽  
The Face ◽  
International Obligations ◽  
Increasing Risk

AbstractThe continuous transfer of authority from the national sphere to inter-governmental organizations gives rise to an increasing risk that States may be mandated by their obligations under these organizations to take measures that are inconsistent with their obligations under International Human Rights Law. Drawing on the approaches of various international, regional and national jurisdictions, this article explores two possible models for restructuring International Law that could ensure that human rights obligations remain effective. The ‘international constitutional’ approach would ensure that human rights are enshrined within the ‘constitutional’ instruments of IGOs, preventing incompatible rules from emerging. The ‘parochial’ approach would ensure that human rights as protected at the national or regional level would take precedence over conflicting international obligations.

COVID-19 și posibilele apărări în dreptul internațional: ar putea forța majoră și schimbarea fundamentetnală a circumstanțelor să justifice neexecutarea obligațiilor internaționale?

2020 ◽  
Vol 2020 (2020) ◽  
pp. 186-202
Author(s):  
Ion GÂLEA ◽  
Keyword(s):  
Public Opinion ◽  
International Law ◽  
Common Sense ◽  
Prima Facie ◽  
Fundamental Change ◽  
The Public ◽  
Force Majeure ◽  
International Obligations ◽  
International Responsibility ◽  
The Law

The study examines possible defences that States could invoke in order to justify or excuse measures designed to respond to the COVID-19 crisis, which prima facie might not be in conformity with certain international obligations. The study examines only defences available in general international law – beside certain exceptions that might be provided by the clauses of the respective treaties. Two grounds for suspending international obligations, stemming from the law of treaties – impossibility of performance and rebus sic stantibus – and three circumstances precluding wrongfulness, stemming from the law of international responsibility – force majeure, distress and state of necessity – are subject to examination. The study argues that, even if “common sense” might draw the public opinion towards the plausibility of invoking force majeure, impossibility of performance or fundamental change of circumstances, such a conclusion does not reflect general international law. In reality, the “best candidate” as a justification or excuse is distress, while the “second best candidate” might be represented by the state of necessity.

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