February 17, 2010

International wildlife trade and CITES

IELP provides legal advice relating to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) to governments and environmental groups.

The International Environmental Law Project provides legal advice relating to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) to governments and environmental groups. CITES has established an extensive regime for preventing over-exploitation of species due to international trade that extends beyond the text of the treaty. For example, while the text of CITES creates rules for trading in species Appendix I (threatened with extinction), Appendix II (species that may become threatened with extinction), and Appendix III, the parties to CITES have developed rules at meetings of the Conference of Parties for trading in specimens of species that are ranched (such as crocodiles), bred in captivity (such as many birds), or subject to unique rules not covered by the text of CITES (such as certain populations of vicuna and elephants).

Recognizing its unique legal role in CITES, IELP provides legal advice on proposals to establish or amend these types of regulating mechanisms rather than advocate for a species’ protection due to biological considerations. For example, when Japan proposed to resume trade in certain whale products, IELP advised that Japan’s proposed limitations on commercial trade in whale meat would jeopardize negotiations to establish rules for regulating commercial whaling within the International Whaling Commission. When Australia proposed to include Patagonian toothfish for inclusion in Appendix II, IELP responded that the Australian proposal was inconsistent with CITES permitting obligations and recommended measures for making the proposal consistent with CITES.

IELP is currently working on a range of projects to ensure the successful implementation of “non-detriment findings.” Prior to the export of products of Appendix I or II species, the exporting country must determine that the export is not detrimental to the survival of the species. It is widely known that many countries do not have the technical or financial resources to implement this obligation meaningfully. For that reason, IELP has developed a series of resolutions aimed at improving the enforcement of non-detriment findings and increasing the capacity of countries to make non-detriment findings. One proposal, for example, would specifically allow customs officials to verify that the non-detriment and other permit findings have actually been made when they have reason to believe that the findings have not been made. Another proposal recommends criteria for making non-detriment findings. The project documents are available below.

Students in IELP work with Professors Chris Wold and Erica Thorson on these projects and, when possible, help present IELP’s conclusions at meetings of the Conference of the Parties (COP). IELP students have participated in the 2002 COP12 in Santiago, Chile and the 2004 COP13 in Bangkok, Thailand where they provided advice concerning proposals and resolutions on compliance regimes, sharks, sea turtles, whales, and toothfish, among other issues. 

Because of Prof. Wold’s long experience in CITES, he has also provided legal advice to the CITES Secretariat, the convention’s administrative body. For example, he prepared a legal opinion concerning the relationship between CITES and the Protocol on Specially Protected Areas and Wildlife (the SPAW Protocol), an agreement among States in the Caribbean region. Because the SPAW Protocol has stricter trade provisions than CITES, some States questioned the applicability of the SPAW Protocol to species also protected by CITES. Prof. Wold also provided advice for the Secretariat when a CITES party seized elephant ivory being transported by a diplomat. Although the diplomat’s home country considered the seizure illegal because the diplomat was protected by diplomatic immunity, Prof. Wold found that such immunity did not cover the transport of illegal ivory shipments through a third country.

Non-detriment Project Documents

Project Resources

General Resources