ARGUMENT

1.1. Pursuant to the CITES, the Thornon elephant is subject to

particularly strict regulation in order not to endanger further
their survival. Rincossi has the responsibility to take appropriate
measures to penalize the offenders.
Custom is sufficiently established by the practice of interested
States, which includes their acts relating to international organizations and
national legislations1. The practice of prohibiting unauthorized trade in
wildlife specimen, prosecution as to fight for corrupt practices, the
collaboration in returning confiscated property, for example cultural property,
have been manifested by the acts of states. As the Convention on
International Trade in Endangered Species of Wild Flora and Fauna (CITES)
has 181 signatory parties2, and it is not a self-executing treaty3, every party
in the Convention is required to implement domestic legislation which
punishes any treaty violations4.
CITES entered into power in the year 1975, and became the only
global treaty to ensure that international trade of plants and animals, so that
it does not threaten their survival in the biosphere 5. In other words, CITES
provides tools to effectively conserve the worlds diverse natural resources. It
has a goal providing a framework for cooperation and collaboration among
states and preventing the decline of wild species. The strength of CITES is
the permit system that facilitates international cooperation in conservation
and trade monitoring, just in the case between the Federal State of Aliya and
Germany v. Netherlands (North Sea Continental Shelf Cases
C.I.T.E.S. Member Countries (Nov. 17, 2015), https://www.cites.org/eng/disc/parties/index.php.
3
C.I.T.E.S., What is CITES? (Nov. 17, 2015), https://www.cites.org/eng/disc/what.php.
4
C.I.T.E.S Parties and Range States (Nov. 17, 2015), http://www.cms.int/en/parties-range-states.
5
Convention on International Trade in Endangered Species (factsheet overview 2014) by U.S. Fish &
Wildlife Service International Affairs.
6
Convention on International Trade in Endangered Species (factsheet overview 2014) by U.S. Fish &
Wildlife Service International Affairs.
7
Convention on International Trade in Endangered Species of Wild Fauna and Flora
8
Article VIII of CITES
1
2

the Republic of Rincossi, where there is a treaty that binds them in protecting
the biodiversity and its components. Permits are issued only if a countrys
Management and Scientific Authorities determine that trade is legal and does
not threaten the species survival in the wild 6. In the given scenario that
there is no permit granting for the transportation of Ivory, hence it is illegal.
CITES is an international agreement which uses trade measures to
protect endangered and threatened species7. In lieu of the objective of
CITES, where Thornon Elephants is included, Article VIII of the said
convention mandates penalization by the parties 8. Aside from Federal State
of Aliya, Republic of Rincossi was signatory also in the said convention, in
that note, it is mandated to criminalize those persons who are liable for the
illegal transportation of ivory.
Also in the Article I of CITES, it states that specimen can be an
animal or a plant, whether alive or dead. The Thornon Elephant belong to
this class of criteria that belong to animal species 9. This animal must be
protected because it is part of the culture of Aliya for it symbolizes the
identity of the country. They are classified in Appendix I of CITES which lists
animals that are threatened with extinction. Ivory clearly amounts to a
specimen which is part of the rare Thornon elephants, thereby itself being
rare. Article II provides that trade in specimens of these species must be
subject to predominantly strict regulation in order not to endanger further
their survival and must only be authorized in exceptional circumstances 10.
CITES requires the States to take measures to provide for the
confiscation or return to the State of export of such specimen, the ivory 11.
The return of the confiscated specimen should take place when the State of
export

has

enforcement

specifically
of

Article I of CITES
Article II of CITES
11
Article VIII of CITES
12
Article VIII of CITES
9

10

the

requested

Convention.

such

return

Therefore,

for

the

Rincossi

purposes

has

of

obviously

disregarded the provision of Article VIII of CITES which makes the obligation
for contracting parties to take appropriate measures in form of penalizing
trade, or possession of specimens included in appendices of CITES. In order
to enforce the provisions of the CITES and to prohibit trade in specimens in
violation thereof12, the law must be follow. Rincossi has refused to return the
ivory to Aliya citing their internal law as a defense, preferring destruction of
ivory than returning it. This refusal amounts to violation of its treaty
obligations and the customary international law, particularly the provisions of
CITES.

Germany v. Netherlands (North Sea Continental Shelf Cases

C.I.T.E.S. Member Countries (Nov. 17, 2015), https://www.cites.org/eng/disc/parties/index.php.
3
C.I.T.E.S., What is CITES? (Nov. 17, 2015), https://www.cites.org/eng/disc/what.php.
4
C.I.T.E.S Parties and Range States (Nov. 17, 2015), http://www.cms.int/en/parties-range-states.
5
Convention on International Trade in Endangered Species (factsheet overview 2014) by U.S. Fish &
Wildlife Service International Affairs.
6
Convention on International Trade in Endangered Species (factsheet overview 2014) by U.S. Fish &
Wildlife Service International Affairs.
7
Convention on International Trade in Endangered Species of Wild Fauna and Flora
8
Article VIII of CITES
1
2