The paper evaluates the role of international law in the so-called fight against illicit drugs. It assesses the harm caused by the non-medicinal use of such drugs, finding that this does indeed exist but recognising that the very rendering of drugs as illicit may also cause such harm. The key harms here are human rights violations and the undermining of personal autonomy. The work argues that an effective framework for the control of drugs should seek to mitigate the harm associated with drug use with minimal restrictions on autonomy, but not itself introduce further harm. It submits that the international framework cannot be considered as effective in this regard, and that it is underpinned by Western notions of morality from the mid-20 th Century rather than any objective assessment either of harm caused by drugs, or how best to regulate those drugs. The framework focuses on punishment and the limited recognition of the role of rehabilitation in reducing harm. It is shown that the framework does not envisage a clear role for States in managing the type of drug problems which they have experienced, notwithstanding the apparent commitment to State sovereignty, and that this is problematic, although this has not prevented some States from taking a different approach in respect of cannabis. However, it is shown that decriminalisation is not enough to ensure an effective approach or protection of human rights, and what is needed is a mitigation of the black market for drugs .
The doctrines of hardship, frustration, exemption and force majeure are all exceptions to the doctrine of mandatory enforceability of commercial contracts. However, cisg and the unidroit Principles followed different approaches in the development of impossibility jurisprudence under commercial contracts. The aim of this paper is to critically inquire whether the silence about doctrine of hardship under the cisg can conveniently be cured by the exemption provision of article 79 cisg, and whether the provision for hardship under the unidroit Principles can be used to fill the lacuna created under the cisg. This paper will utilise doctrinal research methodology with comparative approach in addressing the issues arising from the subject matter of the paper.
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