The issue of trade in lethal injection drugs came up a while ago in relation to U.S. excecutions. But we are not the only executioner around, and similar issues have now arisen in Viet Nam:
Vietnam has issued a new law allowing domestically produced chemicals to be used in lethal injections, a change that should enable it to resume the currently stalled executions of more than 530 people on death row.
The holdup was a result of a European Union ban on its factories exporting chemicals used in lethal injections. The ban was issued because the EU regards capital punishment as a human rights violation.
It has left Vietnam unable to execute a prisoner since November 2011, when the country decided to switch from firing squads to lethal injections on humanitarian grounds.Vietnam's old law governing executions stipulated the names of the three chemicals produced in the EU that had to be used in lethal injection. The new law issued this week doesn't mention the chemicals by name, meaning local versions can be produced and used. The law will take effect on June 27.
In an interview earlier this year, European Union ambassador to Vietnam Franz Jessen said Vietnam might not have realised the practical implications of changing to lethal injections when it announced its plan to switch from the firing squad. He said the EU had hoped difficulties in sourcing the chemicals might have triggered a moratorium on the death penalty in the country.
Some trade law thoughts that occur to me:
-- If I understand the old law correctly, it seems that it might have constituted de facto discrimination in favor of EU products. The new law has removed that discrimination.
-- Then there's the EU export ban, which would violate GATT Article XI, but almost certainly be justified under Article XX.
-- I wonder what the "local versions" will be. If there are patents involved, will there be TRIPS objections raised?
