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International Law and Cannabis II

Regulation of Cannabis Cultivation and Trade for Recreational Use: Positive Human Rights Obligations versus UN Narcotic Drugs Conventions

Book | 1st edition 2019 | Europe | Piet van Kempen, Masha Fedorova

See also volume I, Regulation of Cannabis Cultivation for Recreational Use under the UN Narcotic Drugs Conventions and the EU Legal Instruments in Anti-Drugs Policy, here. Both volumes can also be purchased as a set here.

What legal avenues do states have to regulate cannabis cultivations and trade for recreational use? This question has generated heated discussions in various societies, in political and academic discourses. Several states are considering adjusting or have adjusted their legal and policy approaches towards a more lenient regulation of cannabis cultivation and trade for the recreational user market.

Seen from the perspective of relevant United Nations narcotic drugs conventions, the legal avenues for regulation are virtually non-existent. This book takes an innovative approach to this issue and approaches the possibility for regulation of cannabis for recreational use from the perspective of positive human
rights obligations. To what extend can regulation of cannabis for recreational use, for the sake of health, safety and crime control, be considered a positive human rights obligation resulting from the right to health, the right to life, the right to physical and psychological integrity and the right to privacy? From the
subsequent conclusions, a second pertinent question arises: what hierarchical relationship, if any, exists between these positive human rights obligations and the obligations arising from the UN drugs conventions? Through an in-depth and systematic analysis of relevant international human rights law and public international law, this book presents the steps, assumptions and conditions that are relevant if a state were to decide, on the basis of the incumbent positive human rights obligations, to permit cannabis cultivation and trade for the recreational user market under regulation.

PIET HEIN VAN KEMPEN, LLM, PhD, and MASHA FEDOROVA, LLM, PhD, are Full Professors of Criminal Law and Criminal Procedure Law at the Faculty of Law of Radboud University, Nijmegen, the Netherlands.


Technical info
More Information
Type of product Book
Format Paperback
EAN / ISSN 9781780688718 / 9781780689265
Weight 700 g
Status Available
Number of pages xxiv + 330 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date Sep 5, 2019
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No


  • Chapter 3. Interference between Human Rights Obligations andObligations under the UN Narcotic Drugs Conventions