International drug policies and cooperation under the framework of the Three International Drug Control Conventions: flexibility and evolution in the regime?

The main objective of this thesis is to analyse and critically consider whether the Single Convention on Narcotic Drugs of 1961 as amended by the 1972 Protocol; the Convention on Psychotropic Substances of 1971; and the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 are flexible enough to develop new and innovative strategies to tackle the World Drug Problem, considering that there are countries establishing new internal policies and strategies that are considered by the International Narcotic Control Board (INCB) and several other States as illegal. This will be done through an evaluation of the current International Drug Control Regime as well as by evaluating the practice and positions of such States. To understand the new positions emerging inside the current drug control regime, particular attention will be given to changing State views after the United Nations General Assembly Special Session of 2016 (UNGASS 2016). This thesis will start with an historical analysis of the evolution of the International Drug Control Regime, in order to understand how it was built and what are the historical motivations that make this regime to be considered "repressive" by some States. The next chapter will address the theoretical framework necessary for this investigation. Specifically, it will consider international regimes, how they are constructed and modified by the relevant States or International Organizations. This will be complemented by an analysis of the different international instruments related to addressing the World Drug Problem, such as the Three International Drug Control Conventions. The following chapters will address specific case studies that demonstrate how this international debate is affecting national policies and, directly and indirectly, the possibilities for effective international cooperation. The research will address, in particular, the withdrawal and re-accession of Bolivia to the Single Convention of 1961, the Portuguese strategies aimed at addressing its national drug problem in a very innovative way without going out of the framework of the three conventions, as well as the new strategies regarding legalization of cannabis for recreational purposes implemented by Canada, Uruguay and some states of the United States. The thesis will seek to answer the research question whether the regime is flexible enough to accommodate new interests and positions from States advocating for a change in international strategies aimed at addressing the World Drug Problem. How far can such States Parties act flexibly within the current regime? Or is it necessary to break, totally or partially, with the current regime to create innovative ways to address this global issue? By answering these questions, this Thesis will seek to demonstrate that the International Drug Control Regime based on the three conventions is flexible enough to accommodate the different interests of the Member States. Therefore, those strategies that seek to go beyond the limits of the regime and the conventions, such as the legalization of the use of narcotics for recreational purposes, would not be justifie