Title Page
ABSTRACT
Contents
List of abbreviation 11
List of Substance 13
CHAPTER ONE: INTRODUCTION 26
1-1. Introduction 26
1-2. Legal issue 30
1-3. Scope of Research 31
CHAPTER TWO: INTERNATIONAL LAW GOVERNING DRUG TRAFFICKING 33
2-1. UN Legal Framework for Drug trafficking 36
2-1.1. UN Convention on Narcotic Drug 1961 40
2-2. Convention on Psychotropic substance 1971 44
2-2.1. Definition of Psychotropic Substance 46
2-2.2. Application on Control Substance 47
2-2.3. Restriction and Prohibition 48
2-3. The UN convention against narcotic drug and Psychotropic substance 1988 50
2-4. Feasibility of UNODC convention 52
CHAPTER THREE: CONTEMPORARY LEGEL ENFORCEMENT ON DRUG TRAFFICKING IN PHILIPPINE 55
3-1. Current Situation in Combating Drug Trafficking in Philippine 55
3-1.1. Current Situation of Drug Problem in Philippine 56
3-2. Legal framework against drug by criminal systems 65
3-2.1. Philippine Drug Statuary Law 65
3-2.2. Current Situation of Detention and Investigation 69
3-2.3. Discretionary sentencing consideration 71
3-2.4. Legal unrestricted factor 76
3-3. Presidential Policy 84
3-4. Whether Duterte drug war could be crime against humanity 93
CHAPTER FOUR: COMPARATIVE STUDIES OF GOVERNMENT AUTHORITY ON VIOLATION AGAINST INVESTIGATION OF DRUG CRIME IN CONTEXT OF EU AND US 108
4-1. European Union Court of Human Right 109
4-1.1. The concept of Law enforcement operation under the Convention for the protection of Human Rights and Fundamental Freedoms 110
4-1.2. The Criminal investigation against drugs trafficking in EU 114
4-1.3. The EU actions against drug trafficking regarding the domestic law 115
4-1.4. The model of drug investigation 116
4-2. Inter-America court on Human rights 118
4-2.1. Declaration of human rights 118
4-2.2. American declaration of the rights and duties to man 118
4-2.3. Drug Law Violation 121
4-2.4. Drug attacks 125
4-3. Comparative studies of the law enforcement and authority's action against illegal drug in Philippine, U.S and EU 126
4-3.1. A comparative Legal Analysis 128
4-3.2. Three Essential International Treaties and Drug Control Agencies elaborating to the Philippines 129
4-3.3. The use of the Death Penalty for drug Trafficking Offenses in the United States 130
4-3.4. The EU members Legislation and Policies regarding to the drug trafficking 132
CHAPTER FIVE: CHALLENGES AND RECOMMENDATION 135
5-1. Challenges 135
5-1.1. Law enforcement did not support his administration 135
5-1.2. Unsupported from international community 136
5-1.3. Policy of Duterte practicing unsuccessful 136
5-1.4. killing is not based mechanism to solve problem 137
5-1.5. this factor may enhance the rebel stronger 137
5-2. Recommendation 137
CONCLUSION 145
REFERENCE 147