The Evolution and Modernisation of Treaty Regimes

Abstract

Abstract The UN based framework for international drug control, described as the global drug prohibition regime, has displayed some capacity to evolve. This is the case both in terms of formal structures and accompanying norms. Recent moves by a small number of jurisdictions towards the legal regulation of cannabis for non-medical and non-scientific purposes has, however, highlighted the existence of systemic inertia in the face of unprecedented challenge. The resultant obstacles and accompanying recourse by states to creative legal argumentation contrasts with approaches found within the regime for environmental regulation and its underpinning Multilateral Environmental Agreements (MEAs). In this case a variety of structures and bodies characterise a more dynamic and responsive framework. It is argued here that while we should be alert to issue area specificity, much can be learned from MEAs and their regime evolution, in relation to governance structures and the use of Conferences of the Parties.