roadmaps to reforming the un drug conventions - Beckley Foundation

More documents

Recommendations

Info

The alternative is for a Party to denounce a treaty and then reaccede with reservations.This is a settled procedure which has been used in recent years concerning othertreaties. 45 It thus avoids procedural objections, although not, as we shall discuss, thepossibility of objections to the reservation itself. As noted, it is the path Bolivia hasannounced it is taking with respect to coca leaves in the 1961 treaty.The 1961 treaty, the 1972 Protocol amending it, and the 1971 treaty all have provisionsconcerning reservations (Arts. 49−50, 21 and 32, respectively). Reservations to the 1988treaty, which has no such Article, are governed by the 1969 Vienna Convention on theLaw of Treaties, which entered into force in 1980. 46 For the 1988 treaty, therefore, theonly limit on a reservation filed at the time of accession is that the reservation may notbe ‘incompatible with the object and purpose of the treaty’ (Art. 19(c) of the 1969 ViennaConvention). There is no provision for other parties to object to the reservation. The 1988treaty also contains a specific provision, Art. 32 §4, which allows Parties to declare at thetime of accession that they do not accept the other provisions of that Article, whichsubjects disputes to the jurisdiction of the International Court of Justice.For the 1961 and 1971 treaties, the provisions concerning reservation specify somearticles and sections for which reservations are permitted without being subject to anyobjection. The 1972 Protocol reverses the specification, listing articles and sections forwhich no objection is allowed. The 1961 and 1971 treaties (but not the Protocol) providefor other reservations to be made, using almost the same language (Art. 50, §3 and Art.32, §3 respectively). A reservation is permitted unless objection is made by one-third ofthe Parties ‘that have signed without reservation of ratification’ (1961) or ‘that haveratified or acceded to this Convention’ (1971). No reservation to the drug control treatieshas ever been turned back under these provisions.The reservations concerning the treaties which are currently in effect are summarised inTables 1−3, in terms of the treaty article affected and its main topic. Although the tablessomewhat undercount the reservations by combining articles, they give a picture of theextensive scope and range of reservations to the treaties – 45 current reservations toarticles in the 1961 treaty or its 1972 protocol, 44 to the 1971 treaty, and 73 to the 1988treaty. (We have excluded from each table reservations which were later withdrawn,and statements such as those concerning the legal status of other parties or territories.)Most of the reservations which have been made to the 1961 and 1971 treaties are withinthe bounds spelled out in the previous paragraphs and hence do not raise the possibilityof objection. 47 However, there are clearly some reservations which could have been45Room et al., 2010, p. 133.46http://untreaty.un.org/ilc/texts/1_1.htm (accessed 2 July, 2012).47The detailed accounting of reservations to each of the treaties can be found at:http://treaties.un.org/pp./ViewDetails.aspx?src=TREATY&mtdsg_no=VI-15&chapter=6&lang=en andfour other sites differing only in substituting 16, 17, 18 and 19 for the “15” in this web address.(accessed 2 July, 2012)15
objected to. Concerning the 1971 treaty, Germany made a reservation concerning Art. 11§§2 and 4 on the details of record-keeping requirements for pharmaceuticalmanufacturers; Papua New Guinea made a reservation to Art. 10 §1 about warnings onmedication packages; and Canada made a reservation to Art. 32 §4 about substancesused in ‘magical or religious rites’ that goes beyond the permitted scope of reservations,which specified ‘except for the provisions relating to international trade’. 48 The UNdatabase does not record any objection to these reservations. For the 1971 treaty, but notfor the other treaties, the database does record, in a footnote to most of the reservationswhich could have been objected to, that the reservation was ‘deemed to have beenpermitted’ in the absence of objections within one year from other parties.48Canada’s reservation notes that “said substances occur in plants which grow in North America butnot in Canada”, implying they are a matter of international trade.16
Page 2 and 3: ROADMAPS TO REFORMINGTHE UN DRUG CO
Page 4 and 5: ContentsPreface ...................
Page 6 and 7: PrefaceTHE IDEA FOR this Report cam
Page 8: PART I. POSSIBLE ROADMAPS
Page 11 and 12: hope for serious progress, but we c
Page 13 and 14: We do not underestimate the difficu
Page 15 and 16: also imposes requirements concernin
Page 17 and 18: domestic market, just as producers
Page 19 and 20: Protocol strengthened some provisio
Page 21 and 22: ut considerably less potency than s
Page 23: has announced its intention to reac
Page 27 and 28: Table 2. Summary of reservations to
Page 29 and 30: Reservations about traditional use
Page 31 and 32: As Swaine notes, ‘the Vienna Conv
Page 33 and 34: unhappy about a country implementin
Page 35 and 36: Preemption by a new ‘single conve
Page 37 and 38: and their effort was rejected by a
Page 39 and 40: national or subnational level. Proh
Page 42 and 43: Chapter 5. Proposed treaty amendmen
Page 44 and 45: Article 1. DefinitionsExcept where
Page 46 and 47: Article 36 - penal provisionsIn Art
Page 48 and 49: Article 7. Special Provisions regar
Page 50 and 51: and to ensure adequate supplies of
Page 52 and 53: Article 1 − definition of ‘cons
Page 54 and 55: Article 19 - estimates of drug requ
Page 56 and 57: Article 21. Limitation of Manufactu
Page 58 and 59: contrary to a law or regulation ado
Page 60 and 61: 1. in subparagraph (a):a) after ‘
Page 62 and 63: ) for ‘in accordance with paragra
Page 64 and 65: include a number of general stateme
Page 66 and 67: the legality of drug possession. A
Page 68 and 69: Chapter 7. Conforming the 1961 Conv
Page 70 and 71: solely by Article 30, which require
Page 72 and 73: on trade activities referred to in
Page 74 and 75:
(c) Require that licensed manufactu
Page 76 and 77:
issued in the form of counterfoil b
Page 78:
APPENDIXDETAILED COMMENTARY ON AMEN
Page 81 and 82:
Articles 21-34 of the Convention im
Page 83 and 84:
dispatch, transport, supply, purcha
Page 85 and 86:
actions involving commercial quanti
Page 87 and 88:
In the 1971 Convention the followin
Page 89 and 90:
4.1.3 Option 2 - changes to Preambl
Page 91 and 92:
separate estimates and statistical
Page 93 and 94:
After ‘scientific research’, in
Page 95 and 96:
would also include transforming a d
Page 97 and 98:
(c) subject to the provisions of th
Page 99 and 100:
endangered’ by a Party’s failur
Page 101 and 102:
Article 9. Composition and Function
Page 103 and 104:
2. The Board shall, in respect of c
Page 105 and 106:
for the right of the INCB to establ
Page 107 and 108:
) Subject to the deductions referre
Page 109 and 110:
excess quantity must be deducted fr
Page 111 and 112:
prohibition in Article 31(1)(b) aga
Page 113 and 114:
4.8 Article 20 - statistical return
Page 115 and 116:
separate returns would be required
Page 117 and 118:
4.9.1 General comments on Article 2
Page 119 and 120:
distributors), and any quantity tak
Page 121 and 122:
a) The quantity consumed, within th
Page 123 and 124:
Article 21 bis. Limitation of Produ
Page 125 and 126:
to engage in cultivation; and culti
Page 127 and 128:
the purposes of Option 2. However,
Page 129 and 130:
in Article 29 to manufacture of mor
Page 131 and 132:
) (i) Require medical prescriptions
Page 133 and 134:
4.15 Article 31(1) - international
Page 135 and 136:
commercial use. Export to a state o
Page 137 and 138:
would automatically mean that posse
Page 139 and 140:
preparatory acts, conspiracy and at
Page 141 and 142:
offering for sale, distribution, 17
Page 143 and 144:
Article 36. Penal Provisions1. a) S
Page 145 and 146:
Article 36. Penal Provisions1. a) S
Page 147 and 148:
Conference would have intended to a
Page 149 and 150:
drugs (in more than small quantitie
Page 151 and 152:
substances into its country or one
Page 153 and 154:
apply to Schedule 1 substances. In
Page 155 and 156:
substances (of more than a small qu
Page 157 and 158:
1. The Parties shall require that t
Page 159 and 160:
individuals may lawfully obtain, us
Page 161 and 162:
4. The Parties shall furnish to the
Page 163 and 164:
2. In subparagraph (b):a) after ‘
Page 165 and 166:
obligations on Parties in respect o
Page 167 and 168:
penalise preparatory acts in connec
Page 169 and 170:
accordance with subparagraph (a) of
Page 171 and 172:
Article 3(1)(c)(iii) warrants speci
Page 173 and 174:
6.1.2. Option 1 - changes to the 19
Page 175 and 176:
uncertainty. Accordingly, Article 3
Page 177 and 178:
Consequently, Parties would also no
Page 179:
…4. d) The Parties may provide, e
show all

roadmaps to reforming the un drug conventions - Beckley Foundation

Create successful ePaper yourself

Delete template?

Save as template?