International drug policies and cooperation under the framework of the Three International Drug Control Conventions: flexibility and evolution in the regime? A Salcedo Teullet Doctor of Philosophy 2019 i Abstract The main objective of this thesis is to analyse and critically consider whether the Single Convention on Narcotic Drugs of 1961 as amended by the 1972 Protocol; the Convention on Psychotropic Substances of 1971; and the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 are flexible enough to develop new and innovative strategies to tackle the World Drug Problem, considering that there are countries establishing new internal policies and strategies that are considered by the International Narcotic Control Board (INCB) and several other States as illegal. This will be done through an evaluation of the current International Drug Control Regime as well as by evaluating the practice and positions of such States. To understand the new positions emerging inside the current drug control regime, particular attention will be given to changing State views after the United Nations General Assembly Special Session of 2016 (UNGASS 2016). This thesis will start with an historical analysis of the evolution of the International Drug Control Regime, in order to understand how it was built and what are the historical motivations that make this regime to be considered "repressive" by some States. The next chapter will address the theoretical framework necessary for this investigation. Specifically, it will consider international regimes, how they are constructed and modified by the relevant States or International Organizations. This will be complemented by an analysis of the different international instruments related to addressing the World Drug Problem, such as the Three International Drug Control Conventions. The following chapters will address specific case studies that demonstrate how this international debate is affecting national policies and, directly and indirectly, the possibilities for effective international cooperation. The research will address, in particular, the withdrawal and re-accession of Bolivia to the Single Convention of 1961, the Portuguese strategies aimed at addressing its national drug problem in a very innovative way without going out of the framework of the three conventions, as well as the new i strategies regarding legalization of cannabis for recreational purposes implemented by Canada, Uruguay and some states of the United States. The thesis will seek to answer the research question whether the regime is flexible enough to accommodate new interests and positions from States advocating for a change in international strategies aimed at addressing the World Drug Problem. How far can such States Parties act flexibly within the current regime? Or is it necessary to break, totally or partially, with the current regime to create innovative ways to address this global issue? By answering these questions, this Thesis will seek to demonstrate that the International Drug Control Regime based on the three conventions is flexible enough to accommodate the different interests of the Member States. Therefore, those strategies that seek to go beyond the limits of the regime and the conventions, such as the legalization of the use of narcotics for recreational purposes, would not be justified. ii Glossary of terms 2009 Political Declaration: 2009 Political Declaration and Plan of Action on International Cooperation towards an Integrated and Balanced Strategy to Counter the World Drug Problem 2014 Ministerial Statement: 2014 Joint Ministerial Statement of the High-Level Review by the Commission on Narcotic Drugs of the Implementation by Member States of the 2009 Political Declaration CCPCJ: Commission for the Prevention of Crime and Criminal Justice CND: Commission on Narcotic Drugs DEA: Drug Enforcement Administration ECOSOC: Economic and Social Council EU: European Union IDCR: International Drug Control Regime INCB: International Narcotic Control Board UNCAC: United Nations Convention against Corruption UNGASS 2016: United Nations General Assembly Special Session of 2016 UNODC: United Nations Office on Drugs and Crime UNTOC: United Nations Convention against Transnational Organized Crime USA: United States of America WEOG: Group of Eastern European States and Others WDP: World Drug Problem WHO: World Health Organization WTO: World Trade Organization iii INTERNATIONAL DRUG POLICIES AND COOPERATION UNDER THE FRAMEWORK OF THE THREE INTERNATIONAL DRUG CONTROL CONVENTIONS: FLEXIBILITY AND EVOLUTION IN THE REGIME? Alvaro Salcedo Teullet A thesis submitted in partial fulfilment of the requirements of the University of Lincoln for the degree of Doctor of Philosophy August 2019 iv 1. Introduction 1.1 Literature review 1.2 Objectives and Hypothesis 1.3 Structure 2. Historical Review 2.1 The Opium Wars 2.1.1 First Opium War 2.1.2 Second Opium War 2.2 Drug consumption as an international problem 2.3 The building of the current International Drug Control Regime 2.3.1 The establishment of the Three International Drug Control Conventions 2.4 The War on Drugs 2.4.1 The result of the War on Drugs 3. Theoretical Framework 3.1 Conceptualization of international regime 3.2 Regime changes 3.2.1 Theoretical approaches to regime change and variance 3.2.1.1 Regime Changes through Structural Theories 3.2.1.2 Regime changes through the Strategic and game- theoretic approaches 3.2.1.3 Regime changes through Functional theories 3.2.1.4 Regime changes through cognitive theories 3.3 Regime based on “soft” and “hard law”. 3.4 Principle of Common and Shared Responsibility 4. Analysis of the main international instruments on drugs 4.1 International Drug Control Regime based on the three conventions 4.1.1 Role of the CND, INCB and UNODC 4.1.1.1 CND 4.1.1.2 INCB v 4.1.1.3 UNODC 4.2 Strength of the regime through the difficulty to change it 4.3 Penal provisions, sanctions and alternatives to imprisonment in the Three International Drug Control Conventions. 4.3.1 General remarks 5. Review of the current international situation regarding how to address the World Drug Problem 5.1 Particular interests of States reflected in the International Agreements on Drugs 5.2. Impairment of the role of CND, UNODC and INCB 5.3 Role of the European Union as a middle point between two different positions 5.4 Countries defending the current international drug control strategies 6. Bolivia: withdrawal and re-accession to the Single Convention OF 1961 6.1 Bolivian proposal to amend the Single Convention 6.2 Withdrawal and re-accession of Bolivia to the Single Convention 6.3 Validity of the reservation 7. Portugal: a history of success inside the framework of the Three International Drug Control Conventions 7.1 Brief evolution summary of the Portuguese Drug Control Regime 7.2 International response to the Portuguese strategy 7.3 Impact of the Portuguese Policies in the IDCR 7.4 Portuguese actions through a theoretical view 8. Uruguay, United States and Canada: new strategies breaking the International Drug Control Regime 8.1 United States of America: Compliance or non-compliance? vi 8.1.2 Motivations for Cannabis legalization 8.1.3 General considerations 8.2 Canada and its decision of non-compliance 8.3 Uruguay as a pioneer in cannabis legalization 8.4 General remarks 9. Conclusions 9.1 The War on Drugs does not imply the failure of the regime nor the necessity to change it 9.2 The International Drug Control Regime allows new responses and developments towards addressing the World Drug Problem 9.3 The International Drug Control Regime based on the three Conventions, provides flexibility regarding to its implementation, whenever limited 9.4 The flexibility of the three conventions is continuously put into practice 9.4.1 Flexibility facing tough cases vii Personal Note of the Author During all the time that I have had the opportunity to serve my country as a diplomatic official, I have rarely encountered such an interesting but complex issue as that of international cooperation to address the World Drug Problem. Undoubtedly, being the official responsible of the Permanent Mission of Peru in Vienna in charge of the issues of the United Nations Office on Drugs and Crime has given me many opportunities and advantages for this investigation, but at the same time it has presented serious problems for me. The diplomat's job often involves defending the interests of your country despite having different personal positions. And many times, the defence of such interests must be so strong that you end up convincing yourself that this is the way things should be, despite having different personal positions. It can also happen that the defence made by other diplomats is so convincing that you question your own thinking as well as that of your country. With regard to the subject of this investigation, the problems described in the previous paragraph have also been present. I have felt the need to write this research being as objective as possible, even though day by day I receive different instructions from my capital and hear very convincing arguments from other colleagues that made me rethink many times what has been expressed in this thesis. In the same way, I had to make an important effort to, at the time of writing, disassociate myself from my daily work, in such a way that I can have a more objective and "outside" vision. I must say that doing this required more effort than I thought, but I trust that I achieved it. However, having the possibility to have daily contact with such different positions, opinions and interests has given me the opportunity to develop a more critical capacity, and, despite the effort required, I believe that I have managed to understand the different arguments presented by the different States and International Organizations with a vision of an "outsider". I must admit that I never imagined myself working in the multilateral sphere, much less being responsible for working on issues related to drugs and viii crime, which are of special importance for my country.