Penal Aspects of the un Drug Conventions / Neil Boister.

Format:

Book

Author/Creator:

Boister, Neil, author.

Language:

English

Subjects (All):

Drug traffic.

Physical Description:

1 online resource (636 pages)

Edition:

First edition.

Place of Publication:

The Hague, The Netherlands : Kluwer Law International, [2000]

Summary:

The UN Drug Conventions - the 1961 Single Convention on Narcotic Drugs, the 1971 Psychotropic Convention, the 1972 Protocol to the Single Convention and the 1988 UN Drug Trafficking Convention - regulate the global suppression of illicit drugs.

Contents:

Intro

Title Page

Copyright Page

Dedication

Table of Contents

Acknowledgements

Abbreviations

Table of Drug Conventions

Table of International Documents

Table of National Laws, Regulations and Reports

Table of Cases

1 Introduction

1.1 The international drug conventions

1.2 Legal prohibition in national and international drug policy

1.3 The contours of the international "consensus" on the application of drug prohibition through international law

1.4 Sovereignty limitations on the application of drug prohibition through international law

1.5 Towards direct international control: drug offences as international crimes

1.6 The individual in the system

1.7 The purpose, structure and method of this book

2 The History of the International Legal Regulation of Drugs

2.1 The introduction of international drug control

2.2 Early legal developments

2.3 International drug control under the League of Nations

2.4 The 1936 Geneva Convention

2.5 The United Nations assumes control

2.6 The 1961 Single Convention

2.7 The 1971 Psychotropic Convention

2.8 The 1972 Protocol to the 1961 Convention

2.9 New concerns and new responses in international drug control

2.10 Development of the 1988 United Nations Drug Trafficking Convention

2.11 Overview of the 1988 Convention

2.12 International drug control from 1987 to the present

2.13 Conclusion

3 Offences and Penalties

3.1 General

3.2 Offences

3.2.1 Introduction

3.2.2 The offences stipulated by the 1961 Convention as amended by the 1972 Protocol

3.2.2.1 General

3.2.2.2 Article 36(1)'s standard offences

3.2.2.3 Complicity, inchoate offences and 'financial operations' under the 1961 Convention

3.2.2.4 The 1961 Convention's offences appraised

3.2.3 The offences stipulated by the 1971 Convention.

3.2.3.1 General

3.2.3.2 Article 22(1)(a)'s standard offences

3.2.3.3 Complicity, inchoate offences and 'financial operations' under the 1971 Convention

3.2.3.4 The 1971 Convention's offences appraised

3.2.4 The 1988 Convention's offences

3.2.4.1 General

3.2.4.2 Supply related offences under the 1988 Convention

3.2.4.2.1 The offences created by article 3(1) of the 1988 Convention generally

3.2.4.2.2 The standard trafficking offences

3.2.4.2.3 The cultivation offence

3.2.4.2.4 The offences of possession or purchase of drugs for the purposes of trafficking

3.2.4.2.5 The offences of manufacturing, transporting or distributing equipment, materials, precursor substances or essential chemicals knowing that they are to be used in drug trafficking offences

3.2.4.2.6 The offences of the organisation, management or financing of drug trafficking

3.2.4.2.7 Money laundering offences

3.2.4.2.8 Offences relating to the handling of property derived from drug trafficking

3.2.4.2.9 Offences relating to the possession of equipment, materials, precursor substances or essential chemicals to be used in the illicit cultivation, production or manufacture of drugs

3.2.4.2.10 Incitement or induction offences

3.2.4.2.11 Inchoate offences and complicity

3.2.4.3 Demand related offences under the 1988 Convention

3.2.4.4 The 1988 Convention's penal provisions appraised

3.2.5 Conclusion - criticisms of the provisions for offences

3.3 Penalties

3.3.1 Introduction

3.3.2 Penalty provisions under the 1961 Convention

3.3.2.1 General

3.3.2.2 Penalties for article 36(1) offences

3.3.2.3 Penalties for complicity, inchoate offences and 'financial operations' under the 1961 Convention

3.3.2.4 Recidivism under the 1961 Convention

3.3.2.5 Confiscation as punishment.

3.3.2.6 Alternatives to punishment in the 1961 Convention

3.3.3 Penalty provisions under the 1971 Convention

3.3.3.1 General

3.3.3.2 Penalties for article 22(1)(a) offences

3.3.3.3 Penalties for complicity, inchoate offences and 'financial operations' under the 1971 Convention

3.3.3.4 Recidivism under the 1971 Convention

3.3.3.5 Confiscation as a punishment under the 1971 Convention

3.3.3.6 Alternatives to punishment under the 1971 Convention

3.3.4 Alternatives to punishment inserted in the 1961 Convention by the 1972 Protocol

3.3.5 Penalty and related provisions under the 1988 Convention

3.3.5.1 General

3.3.5.2 Penalties for article 3(1) offences

3.3.5.3 Factors aggravating the punishment of article 3(1) offences

3.3.5.4 Plea-bargaining

3.3.5.5 Parole for article 3(1) offences

3.3.5.6 Statutes of limitation

3.3.5.7 Presence of alleged offenders and offenders at court

3.3.5.8 The punishment of the personal use offence under the 1988 Convention

3.3.5.9 Alternatives to punishment for article 3 offences

3.3.5.9.1 Introduction

3.3.5.9.2 Punishment alternatives in article 3(4)

3.3.5.9.3 Demand reduction in the 1988 Convention

3.3.6 Conclusion - criticisms of the provisions for penalties and alternatives

4 Jurisdiction and Extradition

4.1 General

4.2 Introduction to jurisdiction over drug offences

4.3 Introduction to the extradition of drug offenders

4.4 Jurisdiction and extradition under the unamended 1961 Convention

4.4.1 General

4.4.2 Territorial jurisdiction over distinct offences in terms of the 1961 Convention

4.4.3 Territorial and extraterritorial jurisdiction under the 1961 Convention

4.4.4 Extradition provisions in the 1961 Convention

4.4.5 The 1961 Convention's jurisdiction and extradition provisions considered.

4.5 Jurisdiction and extradition under the 1971 Convention

4.5.1 General

4.5.2 Territorial jurisdiction over distinct offences in terms of the 1971 Convention

4.5.3 Territorial and extraterritorial jurisdiction under the 1971 Convention

4.5.4 Extradition under the 1971 Convention

4.5.5 The 1971 Convention's jurisdiction and extradition provisions considered

4.6 Extradition under the 1972 Protocol's amendments to the 1961 Convention

4.6.1 General

4.6.2 Drug offences deemed extraditable in terms of existing and future extradition treaties

4.6.3 Extradition of drug offences where an extradition treaty is necessary but not in existence

4.6.4 Extradition of drug offences where an extradition treaty is not required

4.6.5 Limitations on extradition

4.6.6 The 1972 Protocol's extradition provisions considered

4.7 Jurisdiction and extradition in the 1988 Convention

4.7.1 Jurisdiction under the 1988 Convention

4.7.1.1 Introduction

4.7.1.2 Mandatory jurisdiction based upon territoriality and analogous grounds

4.7.1.3 Optional jurisdiction based upon nationality/habitual residence, authorisation over foreign vessels or the effects principle

4.7.1.4 Mandatory jurisdiction over alleged offenders found within a Party's territory when extradition is refused because of territoriality or nationality

4.7.1.5 Optional jurisdiction over alleged offenders found within a Party's territory where extradition is refused for reasons other than territoriality or nationality

4.7.1.6 The 1988 Convention's jurisdictional provisions in conclusion

4.7.2 Extradition under the 1988 Convention

4.7.2.1 Extradition under the 1988 Convention generally

4.7.2.2 Limitation of the political and fiscal offence exception

4.7.2.3 Discrimination as a ground for refusing extradition.

4.7.2.4 Extradition limited to article 3(1) offences

4.7.2.5 Article 3(1) offences included in existing and future extradition treaties

4.7.2.6 The 1988 Convention functioning as an extradition treaty

4.7.2.7 The obligation on Parties not requiring the existence of an extradition treaty for extradition to recognise drug trafficking offences as extraditable

4.7.2.8 Expediting and simplifying extradition

4.7.2.9 Ensuring the presence of the subjects of extradition requests at extradition proceedings

4.7.2.10 The obligation to prosecute where extradition is refused

4.7.2.11 The obligation to carry out sentence where the extradition of a convicted offender is refused

4.7.2.12 Encouraging the conclusion of extradition treaties and agreements

4.7.2.13 Prisoner transfer agreements

4.7.2.14 The 1988 Convention's extradition provisions in conclusion

4.8 Jurisdiction and extradition in conclusion

5 General Law Enforcement Cooperation

5.1 Drug law enforcement under international law: national co-ordination and international co-operation

5.2 Law enforcement co-operation under the 1961 Convention

5.2.1 The nature of the obligation in article 35

5.2.2 National law enforcement co-ordination under the 1961 Convention

5.2.3 International law enforcement co-operation under the 1961 Convention

5.2.4 Law enforcement co-operation under the 1961 Convention in review

5.3 Law enforcement co-operation under the 1971 Convention

5.3.1 The nature of the obligation in article 21

5.3.2 National law enforcement co-ordination under the 1971 Convention

5.3.3 International law enforcement co-operation under the 1971 Convention

5.3.4 Law enforcement co-operation under the 1971 Convention in review

5.4 Law enforcement co-operation under the 1988 Convention

5.4.1 Introduction.

5.4.2 Mutual legal assistance under the 1988 Convention.

Notes:

Includes bibliographical references.

Description based on publisher supplied metadata and other sources.

Description based on print version record.

ISBN:

90-04-48127-3

OCLC:

1427666567