ABSTRACT

This chapter describes the trade-related elements of the Protocol and examines their salience in the negotiation of the treaty and the evolution of the regime it has established. The original Protocol mandated the parties to draw up a list of products containing controlled substances within three years of the agreement entering into force. Parties which did not object to the list would then ban within one year imports of any such products from non-parties. If a country not party to the Protocol is nevertheless determined by the parties to be in compliance with its control schedules, having submitted data to that effect, it is not subject to any restrictions on trade. Negotiators disagreed in retrospect as to the relative importance of these twin aims. Some believed that maximizing participation was the primary objective, while others felt that this was merely a side-effect of controls chiefly directed at preventing industrial migration.