A Higher Authority: Canada’s Cannabis Legalization in the Context of International Law

Part I of this Article provides an overview of some of the key terms and provisions of Canada’s Cannabis Act. Part II looks at the Cannabis Act in the context of the International Drug Conventions, examining how the various convention provisions might apply, looking first at the Single Convention and then at the 1988 Convention and how that convention fits with Canadian constitutional provisions. Part III focuses on the international human rights framework and how the Cannabis Act might be viewed as compatible with international human rights law even where incompatible with the International Drug Conventions. This Part also offers a look at some of the cannabis-related human rights jurisprudence that arose in various jurisdictions. Finally, Part IV analyzes the Cannabis Act in light of the international economic law framework, providing an in-depth overview of how various WTO provisions might affect the Cannabis Act as drafted

Towards Global Governance: The Inadequacies of the UN Drug Control Regime

Human rights and the UN drug control regime have long had an uneasy relationship, which is evident today in the tensions that exist between criminal justice reform advocates, the institutions of the UN drug control regime, and economic interests that stand to benefit from decriminalization and legalization efforts. The UN drug control regime's relationship with human rights cannot be properly discussed without acknowledging its colonial and racist roots. From the earliest agreement on drug control in 1909, born out of the crisis of opium dependency caused by the forced opening of China to trade in opium by the British, to the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, which was a product of America's war on drugs, international efforts to regulate drugs have never been for the benefit of those who have suffered the most from both the supply of drugs and its criminalization. The war on drugs has been a global war from the beginning, arising out of colonial structures that centered white/European racial dominance. The inadequacies of the international drug regime and current efforts to reform it are rooted in this historical legacy. In light of this, we argue that efforts by international bodies to center human rights in the discussion on reforming the UN drug control regime are, so far, insufficient. Only through recognizing the power imbalances at play can we advance the possibility of a system that values individuals and responds to a changing landscape where corporate interests are coming to the table in the context of decriminalization and legalization.</jats:p

A Higher Authority: Canada’s Cannabis Legalization in the Context of International Law

Part I of this Article provides an overview of some of the key terms and provisions of Canada’s Cannabis Act. Part II looks at the Cannabis Act in the context of the International Drug Conventions, examining how the various convention provisions might apply, looking first at the Single Convention and then at the 1988 Convention and how that convention fits with Canadian constitutional provisions. Part III focuses on the international human rights framework and how the Cannabis Act might be viewed as compatible with international human rights law even where incompatible with the International Drug Conventions. This Part also offers a look at some of the cannabis-related human rights jurisprudence that arose in various jurisdictions. Finally, Part IV analyzes the Cannabis Act in light of the international economic law framework, providing an in-depth overview of how various WTO provisions might affect the Cannabis Act as drafted.</jats:p

A Higher Authority: Canada’s Cannabis Legalization in the Context of International Law

Part I of this Article provides an overview of some of the key terms and provisions of Canada’s Cannabis Act. Part II looks at the Cannabis Act in the context of the International Drug Conventions, examining how the various convention provisions might apply, looking first at the Single Convention and then at the 1988 Convention and how that convention fits with Canadian constitutional provisions. Part III focuses on the international human rights framework and how the Cannabis Act might be viewed as compatible with international human rights law even where incompatible with the International Drug Conventions. This Part also offers a look at some of the cannabis-related human rights jurisprudence that arose in various jurisdictions. Finally, Part IV analyzes the Cannabis Act in light of the international economic law framework, providing an in-depth overview of how various WTO provisions might affect the Cannabis Act as drafted

Towards Global Governance: The Inadequacies of the UN Drug Control Regime

Human rights and the UN drug control regime have long had an uneasy relationship, which is evident today in the tensions that exist between criminal justice reform advocates, the institutions of the UN drug control regime, and economic interests that stand to benefit from decriminalization and legalization efforts. The UN drug control regime's relationship with human rights cannot be properly discussed without acknowledging its colonial and racist roots. From the earliest agreement on drug control in 1909, born out of the crisis of opium dependency caused by the forced opening of China to trade in opium by the British, to the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, which was a product of America's war on drugs, international efforts to regulate drugs have never been for the benefit of those who have suffered the most from both the supply of drugs and its criminalization. The war on drugs has been a global war from the beginning, arising out of colonial structures that centered white/European racial dominance. The inadequacies of the international drug regime and current efforts to reform it are rooted in this historical legacy. In light of this, we argue that efforts by international bodies to center human rights in the discussion on reforming the UN drug control regime are, so far, insufficient. Only through recognizing the power imbalances at play can we advance the possibility of a system that values individuals and responds to a changing landscape where corporate interests are coming to the table in the context of decriminalization and legalization