Amending UN drug treaties to allow member states self-determination
| Pages | 513-519 |
| DOI | https://doi.org/10.1108/JFC-11-2014-0058 |
| Published date | 05 October 2015 |
| Date | 05 October 2015 |
| Author | Domitilla Vanni |
| Subject Matter | Accounting & Finance,Financial risk/company failure,Financial crime |
Amending UN drug treaties to
allow member states
self-determination
Domitilla Vanni
Faculty of Law, University of Palermo, Palermo, Italy
Abstract
Purpose – This paper aims to analyse the fundamental principles of the main international
conventions against use of drug and to verify if it would be preferable to let European Member States
adopt specic measures according to own needs at a national level.
Design/methodology/approach – The research uses a comparative approach by examining the
different national legislations in respect of the discipline of the international conventions for nding
analogies and differences between them.
Findings – The research has discovered a wide variation in the criteria for triggering a legislative
response and in the penalties for non-compliance. Nevertheless, there seems to be a trend towards
countries focusing on penalising supply rather than possession of these substances.
Research limitations/implications – To maintain a common international level in ghting against
the use and commerce of drug to enforce the effectiveness of national regulations.
Practical implications – The achievement of a high level of health protection, well-being and social
cohesion to prevent and reduce drug use, dependence and drug-related damage to health and society.
Social implications – To ensure a high level of security for the general public by taking action
against drug production, cross-border trafcking in drugs and the diversion of chemical precursors
used in drug production, as well as by intensifying preventive action against drug-related crime
through effective cooperation, embedded in a joint approach.
Originality/value – This is a fast-moving area of law, which continues to evolve for the different new
substances being introduced in international drug trafc, so different solutions to the problem can be
found by national legislators who need to be coordinated at an international level.
Keywords Drug, International, Treaties
Paper type Research paper
Underlining the important value of United Nations (UN) treaties is a fundamental
premise to every research which aims to verify the state of legislations inside member
states, so as to understand if it is urgent to amend UN drug treaties with regard to drug
trafcking with its connected criminal offences.
There is a double level of antidrug legislation: one is the international level, overall
represented by the three main international drug control conventions:
(1) the Single Convention on Narcotic Drugs of 1961 as amended by the 1972
Protocol;
(2) the Convention on Psychotropic Substances of 1971; and
(3) the United Nations Convention against Illicit Trafc in Narcotic Drugs and
Psychotropic Substances of 1988.
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Amending UN
drug treaties
513
Journalof Financial Crime
Vol.22 No. 4, 2015
pp.513-519
©Emerald Group Publishing Limited
1359-0790
DOI 10.1108/JFC-11-2014-0058
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