Fixing Transnational Drug Policy: Drug Prohibition in the Eyes of Comparative Law

Colson, Renaud

doi:10.1111/jols.12184

Cited by 5 publications

(4 citation statements)

References 22 publications

(23 reference statements)

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“…Comparative studies expand the agenda of 'thinkable' possibilities, but it is unclear how much of this comparative knowledge can be of direct use. In matters of drug policy, there may be much to learn from elsewhere but not so much to transfer, especially when historical, institutional and cultural legacies determine the extent of the drug problem more than any public policy [6].…”

Section: Can the French Experience Have Lessons Applicable To The Us ...mentioning

confidence: 99%

What lessons from France’s experience could be applied in the United States in response to the addiction and overdose crisis?

Bergeron

Colson

2022

Addiction

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Section: Can the French Experience Have Lessons Applicable To The Us ...mentioning

confidence: 99%

What lessons from France’s experience could be applied in the United States in response to the addiction and overdose crisis?

Bergeron

Colson

2022

Addiction

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“…a. van Hamel: "All the basics and rules adopted by a State in implementing legal order, namely prohibiting what is contrary to the law and imposing misery on those who violate these prohibitions" (Colson, 2019).…”

Section: Criminal Lawmentioning

confidence: 99%

The Crime of Corruption Codified in Law Number 1 of 2023

Widijowati

2023

J. of Law and Sust. Develop.

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Objective: This research aims to analyze changes in criminal law, particularly in the context of corruption, within the new Criminal Code in Indonesia. It explores the reasons behind the rejection of certain provisions in the new Criminal Code, especially those related to the punishment for corruption offenses. Theoretical Framework: The theoretical framework of this research is rooted in the field of criminal law and legal reform. It considers the evolution of criminal law in response to societal needs and expectations. The study also examines the principle of proportionality in criminal sentencing, particularly concerning corruption offenses. Method: This research adopts a normative legal research approach, relying on an analysis of existing legal texts and previous studies related to criminal law in Indonesia. The primary data sources include statutory laws in Indonesia, while secondary data sources consist of scholarly works and legal analyses. Result and Conclusion: The findings of this research reveal that the rejection of the new Criminal Code is primarily due to the removal of specific articles related to corruption. In the new Code, corruption offenses are no longer categorized as extraordinary crimes but are treated as ordinary offenses, akin to theft. This shift has implications for law enforcement authorities, such as the police, the prosecutor's office, and the Corruption Eradication Commission, as it blurs the lines of their jurisdiction and responsibilities in addressing corruption. Originality/Value: This research contributes to the understanding of the legal changes brought about by the new Criminal Code in Indonesia, with a specific focus on corruption offenses. It highlights the concerns and implications of categorizing corruption as an ordinary offense, potentially impacting the effectiveness of anti-corruption efforts. The study's value lies in its ability to inform policymakers, legal practitioners, and scholars about the complexities surrounding criminal law reform and its consequences in the context of corruption.

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“…This incorporates detailed discussion of increasingly complex and dynamic drug markets, a progressively more diverse and divided range of policy responses and the resultant political and ideological tensions that often emerge at both national and international levels. By bringing together into one volume analysis of the history and operational mechanisms of the extant international drug control system, a range of policy approaches pursued in different parts of the world, emerging tensions within the UN drug control system and some key future challenges we hope to provide not only a valuable resource for country, regional, internationally focused and thematic research, but also for a much needed comparative approach to the issue area (Coulson, 2019). Embracing a range of disciplinary approaches, the Research Handbook draws on the expertise and insightful perspectives of a range of prominent scholars, emerging early career researchers and practitioners from drug policy reform oriented civil society organizations.…”

Section: Aims and Overviewmentioning

confidence: 99%

Introduction: international drug policy in an era of growing complexity, challenge and tension

2020

Research Handbook on International Drug Policy

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Varying patterns of stability and dynamism tend to characterize public policy across a range of domains. Drug policy, as an exemplar of a cross-cutting issue, is no exception. In many parts of the world, the last ten years or so have witnessed unprecedented-in some cases rapid in others more incremental-shifts away from the traditional law enforcement dominated approach to dealing with multiple facets of illegal drug markets. Elsewhere stasis, or even retrenchment, better characterizes the policy landscape. While impossible to neatly categorize such differences in approach, with many nations falling somewhere in-between, the growing mosaic of policy responses have to a greater or lesser extent been influenced by the increasingly complex and expanding nature of what has become known simply as the 'world drug problem'. Reflecting a growing understanding of what by its very nature is a difficult market to quantify, the United Nations Office on Drugs and Crime (UNODC or Office) noted in the Preface to the 2019 World Drug Report, 'The findings of this year's' flagship publication, 'fill in and further complicate the global picture of drug challenges' (UNODC, 2019, p. 1). The Report goes on to stress that in 2017 an estimated 271 million people, or 5.5 per cent of the global population aged 15-64, had used drugs in the previous year; a figure 30 per cent higher than in 2009 (UNODC, 2019, p. 7). Moving beyond simple prevalence figures, an issue discussed in detail at various points within this Research Handbook, UNODC also notes how an estimated 35 million people suffer from what it refers to as 'drug use disorders', with an estimated 585,000 people dying 'as a result of drug use in 2017' (UNODC, 2019, pp. 1 & 19). Within the context of these figures, as well, as among other things, fluctuations in drug crop cultivation, shifting and increasingly complex trafficking patterns (including in relation to illegal cryptomarkets), the continued emergence of new psychoactive substances (NPS), a growing trend in the manufacture, trafficking and use of Amphetamine Type Stimulants in some parts of the world, an ongoing boom, particularly in North America, in the synthetic opioid market, under resourcing of appropriate public health responses and minimal access to controlled essential medicines for the management of pain and other conditions in some parts of the world, the Office noted on the Report's launch, that the 'Severity and complexity of the World Drug Situation [is] increasing' (IDPC-GDPO, 2019, p. 2). Faced with this picture, the International Narcotics Control Board (INCB) noted in the Foreword to the Board's Report for 2019 that 'We stand at a challenging point in drug control' (INCB, 2020, p. iv). It is difficult to disagree with this perspective. Moreover, the dynamic state of drug markets and policy interventions designed to address them are certainly fascinating areas of study for those working in and across a range of academic disciplines. Yet, beyond academia, these conjoined issues arguably stand out among an arr...

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Fixing Transnational Drug Policy: Drug Prohibition in the Eyes of Comparative Law

Cited by 5 publications

References 22 publications

What lessons from France’s experience could be applied in the United States in response to the addiction and overdose crisis?

What lessons from France’s experience could be applied in the United States in response to the addiction and overdose crisis?

The Crime of Corruption Codified in Law Number 1 of 2023

Introduction: international drug policy in an era of growing complexity, challenge and tension

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