Regulated Legalization of Cannabis Through Positive Human Rights Obligations and Inter Se Treaty Modification
International Community Law Review 20 (2018) 493–526
34 Pages Posted: 12 Dec 2018
Date Written: November 01, 2018
Although the UN narcotic drugs conventions do not allow states parties to legalize cannabis cultivation and trade for recreational use, there are possibilities for states to do so anyhow while staying within the boundaries of international public law. A first option concerns positive human rights obligations, i.e. obligations that require states to take measures in order to offer the best protection of human rights. If a state convincingly argues that with cannabis regulation positive human rights obligations to protect society can be more effectively achieved than under a prohibitive approach, the priority position of human rights obligations over the drugs conventions can justify such regulation. The second option regards the modification of the drugs conventions through an inter se agreement on cannabis regulation between certain of the states parties only. The positive human rights approach and the inter se possibility can strengthen each other and are a supreme combination.
Keywords: Cannabis, Human Rights Positive Obligations, Inter Se Modification, Rules of Precedence, Integral Obligations, Systemic Integration, Un Drugs Control
JEL Classification: K14, K33, K42
Suggested Citation: Suggested Citation