Chapter 3: Transnational Offences
55
range of resolutions which recommended the gradual suppression of opium smoking
‘with due regard to the circumstances of each country concerned’. Formal treaty
measures followed a few years later.
39
Subsequent multilateral conventions were
developed to regulate the production of narcotic drugs for medical and scientific
purposes under the League of Nations.
40
Following the Second World War and the creation of a new international order
under the auspices of the UN, it was apparent that the framework of international
instruments relating to drug-trafficking was insufficient to meet the modern scale
and nature of the problem. Furthermore, international diplomatic relations had
changed greatly after the war and much of the work of the League of Nations had
little remaining practical legal value. The control of illicit drugs was an issue of
concern to the UN from the outset following the Second World War. In 1946, the UN
Economic and Social Council, at its First Session, established the Commission on
Narcotic Drugs to work towards effective implementation of measures controlling
illicit drugs.
41
The UN continued to develop legal mechanisms for the control of
illicit drugs.
42
The UN has subsequently created a new framework of provisions
relating to illegal drug-trafficking.
43
Controls were extended to drugs used for illicit
purposes by the 1961 Single Convention on Narcotic Drugs (1961 Convention).
Aspects of the 1961 Convention were developed by a protocol in 1972.
44
During the
1960s, stimulants such as amphetamines, hallucinogens such as LSD and depressant
drugs such as barbiturates and tranquillisers became more widely available. These
drugs, known as psychotropic drugs, were not controlled by the 1961 Convention
and, in 1971, the UN concluded a Convention on Psychotropic Substances (1971
Convention).
45
These initiatives were strengthened by the 1988 UN Convention
Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
46
It was
anticipated that by confiscating the proceeds of crime the incentive for drug-
trafficking would be eliminated. Contracting parties are required to criminalise not
only the organisation, management and financing of drug-trafficking but also the
conversion, transfer and concealment of the proceeds of drug-trafficking.
In addition to drafting international treaties for the control of illegal drug-
trafficking, the UN has also created a number of agencies with specific responsibilities
39
Convention Relating to the Suppression of the Abuse of Opium and Other Drugs, 23 January 1912, 38
Stat 1912; 8 LNTS 187.
40
See, eg, Convention for Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs,
Geneva, 13 July 1931.
41
Resolution of the First Session of the Economic and Social Council, Official Records, ECOSOC, First
Session, 1946, Vol I, p 168.
42
See, eg, Protocol Bringing Under International Control Drugs Outside the Scope of the Convention
of 13 July 1931 for Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs, as
amended by the Protocol signed at Lake Success, New York on 11 December 1946, signed at Paris, 19
November 1948, 44 UNTS 277; The Protocol for Limiting and Regulating the Cultivation of the
Poppy Plant, the Production of, International and Wholesale Trade in, and Use of Opium, signed at
New York, 23 June 1953, 456 UNTS 56.
43
See generally C Bassiouni, ‘The International Narcotic Control Scheme’, in C Bassiouni (ed),
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