SUBJECT: ENVIRONMENTAL LAW

TOPIC: LEGAL FRAMEWORK IN THE TRADE OF WILDLIFE SPECIES

SUBMITTED BY:
BHOOMIKA G.S – 160401411030

SHAMBHAVI SHRIVASTAVA – 16040141091

BA LLB ‘A’

BATCH 2016-21

SEMESTER VII

SUBMITTED TO:
Prof. V J JITHIN

ALLIANCE SCHOOL OF LAW

ALLIANCE UNIVERSITY, BANGALORE
23rd OCTOBER 2019

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 ABSTRACT

The legal and illegal trade in wild animals and their products is a multi-billion-dollar industry
that threatens the health and well-being of humans and animals alike. The management of the
wildlife trade is a crisis-driven area, where decisions are made quickly, and, often,
inefficiently. In particular, the regulation and control of the illegal wildlife trade is hampered
by a dearth of formal quantitative analysis of the nature of the trade. The Convention on
International Trade in Endangered Species of Wild Fauna and Flora (CITES) entered into
force in 1975 and over 180 countries, or Parties, have signed up, committing to protect over
35,000 animal and plant species from unsustainable or illegal international trade. Arguably
the strongest of the biodiversity conventions, its provisions are translated into national
legislation by Parties; it provides a legal framework for the regulation of trade in those
species that are exploited commercially for international trade.
India is also a member of the CITES (Convention on International Trade in Endangered
Species of Fauna and Flora) since 1976. TRAFFIC, a wildlife trade monitoring network and a
joint programme of WWF, the global conservation organisation and IUCN, the International
Union for Conservation of Nature, established in 1976, works closely with the National and
the State Governments and various agencies to help study, monitor and influence action to
curb illegal wildlife trade and bring wildlife trade within sustainable levels. Over the years
illegal wildlife trade has emerged as a form of Organised Transnational Crime that has
threatened the existence of many wild species across the globe. This paper focuses on the far-
reaching consequences of the environmental crime phenomenon which are faced today. The
paper also addresses the situation that has worsened to the extent that illegal trade in
wildlife’s impacts are now acknowledged to go well beyond strictly environmental impacts
by seriously undermining economies and livelihoods, good governance, and the rule of law.

KEYWORDS
Illegal wildlife trade
Biodiversity
Ecosystem
Sustainable development

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 TABLE OF INDEX

I. INTRODUCTION

I.I. Introduction……………………………………………………………………………4

I.II. Research Problem…………………………………………….………………………4

I.III. Research Question……………………………………….……………………..……4

I.IV. Hypothesis……………………………………..……….……………………………5

I.V. Existing Legal Situation……………………………….………..……………………5

I.VI. Literature Review…………………………………….……………………………..6

I.VII. Scope and Objective ……………………………….………………………………6

I.VIII. Methodology………………………………………………………………………7

II. ILLEGAL TRADE OF ENDANGERED SPECIES

II.I. Historical Background……………………………….……………….………………8

II.II. Existing Situation……………………………………………………………………9

II.III. Impact of Wildlife Trade …………………………………….……………………12

III. INDIAN LEGAL FRAMEWORK………………………………………………………13

IV. INTERNATIONAL FRAMEWORK - CITES…………..………………………………14

IV.I. Critical Analysis of CITES…………………………………………………………16

V. CONCLUSION AND RECOMMENDATIONS…………………………………………18

VI. BIBLIOGRAPHY………………………………………………………….……………20

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 I. INTRODUCTION

I.I. INTRODUCTION

The illegal trade of wildlife species has long been a problem that lately has captured the
attention of the wildlife protectors and public across disciplines. Criminologists and criminal
justice pupils are an increasing number of discovering the theme from a range of perspectives
with the goal of understanding the nature of the alternate and how to mitigate it. Chapter II
discusses the nature of the illegal trade of wildlife species its change and effect on flora and
fauna. An in-depth examination of international agreements and policies is the focus of
Chapter II. Chapter III examines the theoretical views to grasp the illegal trade in wildlife.
The kinds of legal frameworks and organisations concerned and identifies the reasons why
people do trade of wild animals and covers most traded animals. Tiger, Elephant, Pangolin,
Rhino, Bear, Leopard and Turtle1. Chapter IV deals with the challenges of wildlife trade. The
closing Chapter offers implications for future research.

I.II. RESEARCH PROBLEM

Wildlife trade has been a restricted but also a practiced which has been accepted as vital to
human development. Along with other factors, such as climate change and loss in forestation,
illegal trade has contributed to the extinction of many species of fauna. This is not an issue
which is overlooked. The people and governments along with other inter-governmental
organisations have acknowledged it and tried to formulate regulations to curb the practice.
Inspite of efforts, the species have faced extinction or are on the brink of it.

I.III. RESEARCH QUESTION

1. How does the illegal trade of endangered species affect an entire ecosystem and whether
this has become a major challenge towards achieving sustainable development?

2. What is the regulatory framework with regard to protection of endanger species and
whether its implementation has been effective?

1https://news.mongabay.com/2017/11/top-10-most-widely-traded-animals-in-the-golden-triangle-identified-in-
new-report/

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I.IV. HYPOTHESIS

1. The practice of illegal trading of species which are on the brink of extinction has a huge
effective on the delicate balance of nature and in turn has been one the majors concerns
with regard to achieving sustainable development.

2. There exists various laws on both national level and internationally, though these
legislations have strived to prevent illegal trade, they have not been very effective and
therefore there is a need to review and do the necessary amendments.

I.V. EXISTING LEGAL SITUATION

Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
is an international agreement between governments. Its aim is to ensure that international
trade in specimens of wild animals and plants does not threaten their survival. It can be said
that, as of present, CITES not only is the framework of law which is regulate illegal trade on
a global level but has also been the basis for legislations domestically. The laws in India
regulated by The The Wildlife (Protection) Act, 1972 (last amended in 2006) National
Wildlife Action Plan (2002-2016)

I.VI. LITERATURE REVIEW

1. Mongabay report - Recent surveys with the aid of WWF and TRAFFIC have recognized
10 of the most extensively trafficked animals in the Golden Triangle. These pinnacle 10
animals are: the tiger, elephant, pangolin, bear, rhinoceros, serow, helmeted hornbill, gaur,
leopard, and turtles. The natural world markets in the Golden Triangle cater broadly
speaking to travelers from China and Vietnam, the report noted.

2. Interpol Organisation - the INTERPOL Wildlife Enforcement team helps to disrupt and
dismantle transnational prepared crook networks concerned in the unlawful wildlife trade.
We assist our member nations to put in force country wide and worldwide legal guidelines
and treaties effectively.

3. Proximate causes and underlying driving forces of deforestation by Helmut J. Geist and
Eric F. Lambin, February 2002 / Volume 52 – this article is about becoming aware of both
proximate causes and underlying forces of tropical deforestation suggests that no

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 customary hyperlink between purpose and effect exists. Rather than offering support for
dominant theories of global deforestation. Analysis of these studies indicates that tropical
forest the decline is decided by way of special combinations of various proximate causes
and underlying using forces in varying geographical and historical contexts.

4. Biodiversity extinction by numbers by Stuart L. Pimm and Peter Raven, February 2000 /
Volume 403 – this article talks about that there are most species-rich. About two-thirds of
all species manifest in the tropics, mostly in the tropical humid forests. These forests
originally protected between 14 million and 18 million square kilometres, relying on the
precise definition, and about half of the original region remains. Much of the rainforest
reduction is recent and clearing now eliminates about 1 million square kilometres every 5
to 10 years. Burning and selective logging severely damages countless times the area that
is cleared.

5. Millennium Ecosystem Assessment report on Ecosystem and Human well-being, 2005 –

The Millennium Ecosystem Assessment used to be carried out between 2001 and 2005 to
check the penalties of ecosystem change for human well-being and to establish the
scientific basis for movements wished to beautify the conservation and sustainable use of
ecosystems and their contributions to human well-being. The MA responds to government
requests for statistics acquired via four international conventions—the Convention on
Biological Diversity, the United Nations Convention to Combat Desertification, the
Ramsar Convention on Wetlands, and the Convention on Migratory Species—and is
designed to additionally meet desires of different stakeholders, which includes the
enterprise community, the health sector, nongovernmental organizations, and indigenous
peoples. The sub-global assessments additionally aimed to meet the needs of users in the
regions where they were undertaken.

I.VII. SCOPE AND OBJECTIVE

This paper aims to understand the expansive manner in which the trade in illegal species has
been occurring and analyses the impact on environment and sustainable development. Further
the paper understands the existing legal framework on both the national and global level to
only further to try and recognise the reason why the illegal trade could not be put to an end.

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I.VIII. RESEARCH METHODOLOGY
The paper follows doctrinal methodology since the problems of Inter-state migrant workers
are embodied in international treaties and agreements and there exists numerous of sources of
secondary data in the form of Journals and Articles which have been referred to.


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 II. ILLEGAL TRADE OF ENDANGERED SPECIES

II.I HISTORICAL BACKGROUND

“Wildlife crime is the taking, trading, exploiting or possessing of the world’s wild flora and
fauna in contravention of country wide and international laws2.” Whether species are poached
for subsistence like meat or personal possession like bangles, ivory etc. for local or
international trade, cultural or religious beliefs, or as a result of human-animal conflict, a
wildlife crime has occurred. Such a definition, however, does not cowl “harms” to animals
that may additionally lead to extinction however is otherwise criminal. Such harms normally
come in the shape of habitat loss or deforestation, the exercise of clearing a giant number of
bushes for agricultural functions or for human contract3. Deforestation is the important threat
of extinction for most of the wildlife on earth due to the fact it removes appropriate habitat
for tens of millions of species4 and exacerbates climate change5 because deforestation is
commonly sanctioned by means of governments, it is not a crime in the standard sense and
will not be the centre of attention of this systematic review. But it leads to trading of wildlife
species too for human’s increasing need due to change in climate.

For centuries, flora and fauna were once taken from the wild for profit, private use, or killed
because they had been a nuisance. The retaliatory killing of elephants, tigers, lions etc. for
example, has been a common exercise in range states after attacking humans and/or their
livestock. Many of these practices has been not towards the law before. Even in times or
places the place it was once unlawful, it was once often unnoticed or ignored with the aid of
law enforcement. In cases where animals had been trapped or poached for profit, a good deal
of this change was for local markets. As the world became more globalized in the latter a
long time of the 20th century, so too did the illegal natural world trade. Species once poached
for nearby or country wide demand are now trafficked via multiple nations and ports to attain
markets on the other side of the world. Poachers may additionally no longer be completely
locals; outsiders are now sometimes involved in search of pretty endangered and treasured
species such as rhinos and elephants. Because of this global demand in mixture with

2 The International Criminal Police Organisation, 2015

3 Proximate causes and underlying driving forces of deforestation by Helmut J. Geist and Eric F. Lambin,
February 2002 / Volume 52
4 Biodiversity extinction by numbers by Stuart L. Pimm and Peter Raven, February 2000 / Volume 403
5 Millennium Ecosystem Assessment report on Ecosystem and Human well-being, 2005.

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accelerated habitat loss, the unlawful flora and fauna trade is extensively contributing to the
decline of many species and, a great share of endangered species6. Some have claimed that
we are currently experiencing the sixth mass extinction, where up to 1,00,000 species go
extinct on an annual groundwork due to human-based pastime such as trade of the species.

II.II. EXISTING SITUATION

International commercial exchange in the natural world and its components and derivatives is
estimated to be expanding, in both value and volume terms. For every species, trade may
additionally have advantageous and bad consequences for conservation and the long-term
survival of species and biological diversity. For example, advantages from trade can provide
incentives for sustainable use and management of species but can lead to over harvesting and
broader negative effects on the ecosystem. Comparably, trade may have effective or poor
penalties for the local livelihoods of the poor, specifically their earnings source, assets, and
wellbeing. “Illicit wildlife trafficking” describes any environment-related crime that involves
the illegal trade, smuggling, poaching, capture or collection of endangered species, protected
wildlife (including animals and plants that are subject to harvest quotas and regulated by
permits), derivatives or products thereof.7

International demand for wildlife products and services has provided several livelihood
opportunities for indigent communities because many wildlife resources are in growing
countries. However, high-value exchange of wildlife species can also marginalize poor
communities or create dependence on an unsustainable level of harvest. For some species,
widespread unlawful alternate also poses a security threat. TRAFFIC8 has estimated legal
worldwide trade, consisting of trees and fisheries products, at US$ 323 billion in 2009
(TRAFFIC, 2014).

There are many different estimates of the commercial value of illicit wildlife trafficking
worldwide, however, reliable estimates are hard to find, mainly because the trade is illegal.
Unreported and unregulated fisheries trade alone has been estimated at between US$4.2
billion and US$9.5 billion per year, the value of the illegal timber trade as much as US$7

6 Overexploitation and Species Extinction by Alison M. Rosser and Sue A. Mainka, published on 28th May 2002
7 South, N. and Wyatt, T. 2011. Comparing illicit trades in wildlife and drugs: an exploratory study, Deviant Behavior,
32:6, 538–61
8 The wildlife trade monitoring network

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billion per year, and the illicit wildlife trafficking (excluding fisheries and timber) as between
US$7.8 billion and US$10 billion per year.9 Combining these numbers, illicit wildlife
trafficking (including timber and fisheries) comprises the fourth largest global illegal trade
after narcotics, humans and counterfeit products.10
Illicit wildlife trafficking has been on the rise over the last few years despite the combined
efforts of the international community, governments and civil society. The trend can be
confirmed by some of the most recent events with respect to wildlife trafficking. For
example, 2011 was the highest year on record for elephant poaching; the theft of rhinoceros
horns from museums, auction houses and antique shops has risen in the European Union;
ivory estimated to weigh more than 23 tonnes – a figure that represents 2,500 elephants –
was confiscated in 17 large-scale seizures of illegal ivory in 2011; and the illegal poaching
of rhinos in South Africa surged to a record high in 2011, with a final death toll of 448.4
WWF has confirmed that between 2007 and 2011 the numbers of rhinos poached in South
Africa escalated by 3,000%.
In February 2012, hundreds of elephants were slaughtered in a single incident in Bouba
N’Djida National Park, Cameroon, by poaching gangs. The gangs are said to have
originated from Chad and Sudan and to have entered Cameroon through neighbouring
countries.11 Similar mass elephant poaching events have since occurred throughout Central
Africa.12 The seriousness and scale of the February incident in Cameroon was a wake-up
call for the international community in terms of the security threat posed by these actions.
Emerging evidence of rhinoceros horn being used as a palliative medicine for cancer, along
with its use as a “hangover cure”13 by opulent people in some nations, explains the upsurge
in rhinoceros horn trading in Viet Nam. This trade is underpinned by persistent urban
myths and hype about dubious miraculous cures and cancer remission following

9 Myburgh, J. in: Haken, J. 2011. Transnational Crime in the Developing World, Global Financial Integrity,
Washington, DC, USA
10 http://transcrime.gfintegrity.org
11 CITES. 2012. CITES Secretary-General expresses grave concern over reports of mass elephant killings in

Cameroon.(28 February 2012). CITES, Geneva, Switzerland. 2012/20120228_elephant_cameroon.php

12 Haken, J. 2011., Transnational Crime In The Developing World. Global Financial Integrity, Washington, DC,
USA.
13 TRAFFIC. 2008. What’s Driving the Wildlife Trade? A Review of Expert Opinion on Economic and Social Drivers of
the Wildlife Trade and Trade Control Efforts in Cambodia, Indonesia, Lao PDR and Vietnam. East Asia and Pacific
Region Sustainable Development Discussion Papers. East Asia and Pacific Region Sustainable Development
Department, World Bank, Washington, DC, USA.

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treatments using rhinoceros horn. The appetite for the substance is playing an significant
role in the increase in global demand for rhinoceros horn.14
The demand for animal products arises from varied groups of consumers and in a few cases is
heavily influenced by culture. On one side of the spectrum, the demand is driven by the
medical value of some of the products or the societal status associated with them. On the
other side, the demand is fueled by opportunistic purchasing and usually unknowing
tourists who buy souvenirs or pets to take home. The sources of demand most frequently
stated by government representatives are:
1. Medicinal products - Perceived medicinal value, such as cancer treatment, is driving
demand.
2. Consumer goods - Associated social status is driving demand – for example, at the
CITES 62nd Standing Committee meeting a representative from the Chinese
government stated, “In recent years, the collection of arts and crafts, jewellery and
antiques, including ivory carvings, has become fashionable and the price of those
items has increased significantly.”15
The IUCN (International Union for Conservation of Nature) maintains a “Red List” of
species around the world where they are categorised by risk of extinction ranging from least
concern to extinct. As of 2007, more than 40,000 species appeared on the list, with 16,306 at
risk for extinction.16 The potential loss of majestic species, such as the Sumatran tiger or the
Asian panda, is often highlighted in order to raise awareness of human threats to endangered
species; but ecologists argue that the loss of less-heralded plants and organisms could be
more concerning since the ecosystem services that they provide is, in many cases, not well
understood.
There are a number of measures in place at local, regional, national, and international levels
which aim to reduce the risk of species extinction. The measures most commonly address
habitat loss due to human encroachment and over-exploitation through hunting, fishing, and
trade.

14 Milliken, T. and Shaw, J. 2012. The South Africa-Vietnam Rhino Horn Trade Nexus: A Deadly Combination
of Institutional Lapses, Corrupt Wildlife Industry Professionals and Asian Crime Syndicates. TRAFFIC,
Johannesburg, South Africa.
15 CITES Management Authority of China. 2012. Control of Trade in Ivory in China (report to 62nd Standing
Committee meeting: SC62 Inf. (8) CITES Management Authority of China, Beijing, China. <www.cites.org/eng/com/
SC/62/Inf/E62i-08.pdf>
16 https://www.iucnredlist.org/about/background-history

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 II.III. IMPACT OF ILLEGAL WILDLIFE TRADE
The IUCN defines conservation as the ‘protection, care, management and upkeep of
ecosystems, habitats, wildlife species, and populations, within or outside of their natural
environments, in order to shield the natural conditions for their long-term permanence.
Harvesting of wildlife species for global trade can have fantastic and bad effects on
conservation. These largely rely on whether the harvest is consistent with ‘sustainable use’,
that is ‘the use of factors of biological diversity in a way and at a rate that does no longer lead
to the long-term decline of biological diversity’, and thereby keeps their contribution to
existing and future generations.

Those species valued on local or global markets for consumptive use can also be at larger risk
of over-exploitation. While there do not appear to be any documented examples of species
extinction with the aid of international trade, harvest for global trade (legal or illegal) has
truly led to the overexploitation of some species. For example, there are many documented
cases of trade in non-timber wooded area products leading to resource depletion17.

Wildlife harvest for trade can be maintained at sustainable levels, consistent with biodiversity
conservation. Beyond this, however, trade in wildlife can have high quality conservation
affects where it creates incentives for sustainable use and management of target species and
their habitats.

Bans on trade can be useful in some cases, such as to allow species to recover when stocks
are depleted. But in different instances they can create negative conservation incentives. For
example, species may become undervalued and habitat converted to greater productive uses,
such as agriculture or plantation forestry. Alternatively, where species hold their market
value, exchange bans may also stimulate unlawful alternate and excess harvesting.

The effect of illicit wildlife trafficking on the environment is direct and potentially
irreversible. Recently there has been a drastic decline in the populations of many wildlife
species with high commercial value, many of which are now rare, endangered or locally
extinct – for example, forest elephants in certain parts of the Congo basin, the Sumatran
rhinoceros, the Javan rhinoceros and the Asian elephant.

17 Role of Non-Timber Forest Products

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Wildlife trade, legal and illegal, is also associated with the introduction of invasive species.
These invasive species prey on or compete with native species and are a major threat to the
balance of ecosystems. For example, pet Burmese pythons let loose by their owners are now
considered a major pest in Florida’s everglades.

III. INDIAN LEGAL FRAMEWORK

1. The Wildlife (Protection) Act, 1972 (last amended in 2006)

National parks and Tiger Reserves are by means of regulation more strictly protected,
permitting certainly no human endeavor without that which is in the interest of flora and
fauna conservation. Grazing and non-public tenurial rights are disallowed in National Parks
but can be allowed in sanctuaries at the discretion of the Chief Wildlife Warden. The
amended WLPA does no longer enable for any business exploitation of wooded area produce
in each country wide parks and natural world sanctuaries, and local communities can collect
woodland produce solely for their bona fide needs. No wild mammal, bird, amphibian,
reptile, fish, crustacean, insects, or coelenterates listed in four Schedules of the WLPA can be
hunted either within or backyard protected areas. On conviction, the penalty for searching is
imprisonment for a duration ranging from a minimal of three to a most of seven years with
fines not much less than 10,000 rupees. Community reserves and conservation reserves are
two new categories of protected areas that have been protected under the WLPA. These two
classes grant an increased function for neighborhood communities, stakeholders and civil
society as properly as the possibility to protect many areas of conservation price that cannot
be precise underneath strict categories such as natural world sanctuaries or countrywide
parks.

2. The Biological Diversity Act (2002)

India is a member to the United Nations Convention on Biological Diversity. The provisions
of the Biological Diversity Act are in addition to and not in derogation of the provisions in
any other law referring to forests or wildlife.

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3. National Wildlife Action Plan (2002-2016)

This legislation replaces the formerly Plan adopted in 1983 and was introduced in response to
the need for an exchange in priorities given the increased commercial use of natural
resources, the continued increase of human and livestock populations, and adjustments in
consumption patterns. The Plan most intently represents an authentic policy on the safety of
wildlife. It focuses on strengthening and improving the covered location network, on the
conservation of endangered wildlife and their habitats, on controlling alternate in flora and
fauna merchandise and on research, education, and training. The Plan endorses two new
protected place categories: “conservation reserves,” referring to corridors connecting
protected areas, and “community reserves”, which will allow increased participation of
nearby communities in covered location management via normal or cultural conservation
practices. These new categories of blanketed areas are probable to bring in hall areas
underneath protection. The Plan carries quite a number pointers to tackle the needs of
neighbourhood communities dwelling outside blanketed areas and outlines the need for
voluntary relocation and rehabilitation of villages within covered areas. The Plan
acknowledges the want to minimize human-wildlife warfare and emphasizes the institution of
nice compensation mechanisms. It includes the restoration of degraded habitats outside
blanketed areas as a key objective.

IV. INTERNATIONAL FRAMEWORK - CITES

Despite the best intentions and efforts, combating the illegal wildlife trade effectively cannot
fall upon a single nation in the world. Most wildlife is not endemic to one country, and
wildlife often migrates across geopolitical boundaries. Criminals in the trade often facilitate
this migration by poaching, trafficking, processing, and selling wildlife to consumers that
span several countries and regions of the world. For these reasons, combating the illegal
wildlife trade must be a coordinated effort that utilises local, national, regional, and
international cooperation.
A number of bilateral and multinational agreements have been put in place over the last
century or so to conserve species in danger of extinction. In the first half of the 20th century,
such agreements, in addition to national legislation, restricted hunting and trading of wildlife

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in various ways. Many of these agreements and national regulations were unsuccessful in
their objectives, which allowed unsustainable wildlife poaching and trafficking to persist. For
example, the International Agreement for the Regulation of Whaling signed in 1937 was seen
as a failure because it did not impose size or catch limits).
The failure of national regulations and international agreements, along with the rise in the
illegal wildlife trade of threatened species, instigated the 1973 drafting of the Convention on
International Trade in Endangered Species of Wild Fauna and Flora (CITES). This was
subsequently put into effect in 1975 with 80 nations agreeing to regulate trade in wildlife and
prohibit the trade of the most at-risk species from overexploitation
CITES is a multilateral environmental agreement which aims to ensure that international trade
in specimens of wild animal and plant species does not threaten their survival. CITES’ objective
is to control the effects of international trade on the conservation status of threatened species of
animals and plants. Its primary aim is the prevention of unsustainable trade, not the promotion
of sustainable alternatives or attention to the livelihoods of those who depend on the trade18.
Although there are moves to give it regional and ecosystem ambitions, CITES currently has a
species- and consignment-orientation, compatible with its focus on international trade.19

CITES is legally binding on its members, providing a framework of conduct which they
adhere to through enacting appropriate national legislation. Successful implementation relies on
co-operation between the member states and effective enforcement of domestic law at the national
level. Bringing national legislation up to international standards has been a main focus of
CITES in recent years, and is one of its more positive aspects.
CITES introduced three appendices in which listed species are afforded greater protection
when traded between countries. Appendix I species are prohibited in international
commercial trade because the trade may greatly impact these vulnerable species. The African
elephant, cheetah, giant panda, tigers, and most rhino species are among the most notable
species listed under Appendix I. Appendix II species are not always at-risk of extinction but
can be at-risk without a system of regulations. Such species may be commercially traded only
if export permits are procured, and depending on the import nation, may also require import

18 (Reeve, 2002:29; Roe et al, 2002:89)

19Matthews (1996:421-1) notes that a greater focus on keystone species would help link species protection and
ecosystem functions. However important keystone species, e.g. sea-otters, may not be intensively traded and
might be more at risk from other threats

15
permits. Appendix III is reserved for species that are requested to be listed and protected by a
member nation so that other member nations avoid exploitation of said species.
CITES regulates wildlife trade primarily through a system of permits and certificates that must
be issued by national authorities before specimens can enter or leave countries involved in
international trade. The permit system is applied to a three-tiered classification which accords
varying degrees of protection to listed species. These listings lie at the heart of the CITES system
of compliance. In accordance with Article IX of the Convention, each party is required to
nominate a national ‘Management Authority’20 which administers the licensing system and
one or more Scientific Authorities to provide guidance to the Management Authority on the
effects of trade on the conservation status of the species in question. The Management Authority
is responsible for implementing the Convention in its country, and is the sole body which can
grant import and export permits and re-export certificates on behalf of the Party. Trade permits
must conform to the requirements of the official listing of the species in question.
The official listings are agreed at the Conferences of the Parties (CoPs), held every two and a
half years, and reviewed periodically. A two-thirds majority of the CoP is needed to agree a
new listing or a change in them. Critics maintain that this inflicts an excessive burden of
responsibility on the proponents of a listing and works in opposition to the precautionary
principle, which is otherwise central to the convention’s rationale21. At the same time, it does
permit a certain flexibility and quicker responses than would the consensus-based decision-
making that is favoured by other conventions.

IV.I. CRITICAL ANALYSIS OF CITES

Compliance control in CITES is a complex matter, demanding heavy inputs of time from
Secretariat staff, often arguably disproportionate to the commercial value of the trade, though
not necessarily its global sensitivity. The fact that the trade concerns relations between
sovereign states imposes limitations on the ability of the Convention to act in a policing role,
though at the same time, its international trade focus does expand the information base
available to it, and gives it some authority to act on behalf of the international community.

20 There may be multiple Scientific Authorities but only one Management Authority. In the UK, the
Department for the Environment, Food and Rural Affairs (DEFRA)-Ministry for the Environment form the
sole Management Authority but there are two scientific authorities – the Royal Botanic Gardens at Kew for
plants, and the Joint Nature Conservation Committee (JNCC) for animals.
21 (Matthews, 1996: 422)

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There are concerns that CITES doesn’t adequately address the issue of sustainable use, being
more focussed on mitigating the effects of trade on species preservation.
Nevertheless, CITES does have the the ability to save some species from extinction and
protect others from being at-risk, however, the success of CITES is contingent on a number
of working parts that may be lacking or failing altogether. First, the lack of enforcement and
compliance of CITES objectives at the national and local levels has hindered its overall
effectiveness22 . One such instance is Africa, where lack of enforcement and compliance
disproportionately occurs which had the most biodiverse regions of the world. Non-
compliance and enforcement problems in Africa are due to a myriad of problems that include
(1)corruption, (2)wars, (3) limited resources, (4) lack of political commitment and stability,
and (5) domestic conflict.23 Second, evaluating whether CITES policies are effective is
difficult given data limitations. For example, population counts are not collected for many
threatened species that are listed under CITES.24 Third, trade bans may increase black market
prices for threatened and endangered species, which can exacerbate poaching.25 Fourth,
locals may not be incentivized to preserve wildlife when the ability to legally trade them is
removed. Some suggest that people only value and protect wildlife if they can benefit from
using it.26 Finally, CITES is limited because it is designed to address only the illegal
international trade in wildlife and not intranational trade. Recent research shows the
domestic trade in illegal wildlife is quite substantial 27 and may even be larger than the
international trade for some species.

22 Han 2014; Schneider 2012; Rosen and Smith 2010; Leader-Williams 2003; Vasquez 2003
23 Schneider 2012; Fiadjoe 2004
24 Abensperg-Traun et al. 2009; Phelps et al. 2010; Parsons et al. 2010
25 MacMillan and Han 2011; Pires and Moreto 2011; Hall et al. 2008; Courchamp et al. 2006; ’t Sas-Rolfes 2000
26 Dickson 2003; Leader-Williams 2003; Martin 2000
27 Pires 2012; Pires and Moreto 2011; Nijman 2010; Tilson et al. 2010; Du Plessis 2000

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 V. CONCLUSION AND RECOMMENDATIONS

The updating of legal and regulatory systems and effective implementation, is a fundamental
element for combating wildlife and forest crime. This may include creating clear definitions
of illegal activities, establishing significant deterrent sanctions, and specifying relevant
control and enforcement powers at every stage in the supply chain. Interventions to address
the problem of weak enforcement and prosecution include:
• Addressing gaps in legislation identified in evaluating impactful practices;
• Enhancing international and regional cooperation within the framework of the ICCWC, the
Convention on Transboundary Crime and among regional wildlife enforcement networks
(WENs), and seek opportunities for synergies between these different frameworks to
reduce duplication of effort;
• Ensuring that wildlife commodities not listed under CITES, in particular timber, fish,
charcoal and bushmeat are also taken into account within the abovementioned frameworks,
where relevant;
• Developing mechanisms to facilitate rapid intelligence exchange among enforcement
networks nationally (where not yet implemented) and internationally;

• Capacity building not only of enforcement officials, judiciary and customs officers, but also
protected area managers and local communities involved in wildlife protection and
management;

• Supporting the development of traceability systems to reduce laundering of illegal goods

within legal supply chains, for example through the development of best-practice
guidelines;
• Ensuring laws are in place which protect legitimate social interest of people at the same
time ensuring long-term economic use of a wildlife resource; and
• Reviewing the legal status of trapping/harvesting methods that are detrimental to non-target
individuals and species.
With respect to the existing legal framework it can be observed that national sovereignty and
responsibility are at the heart of the CITES approach. In the words of one commentator,
‘CITES actively embraces the principle that individual states are the best protectors of native
species and endeavours to establish an arena of international cooperation [around it]’. 28 The

28 Young, 2003:173

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impact of the Convention depends heavily on the validity or otherwise of that principle.
Many of the limitations of the system derive from the gulf between the expectations of the
Secretariat and its mandate, resources and capacity. The absence of systematic extra-house
monitoring is an issue, in part because it diminishes the credibility of the most crucial
elements of the information system, generated where the consignments are sourced. External
NGO monitors perform important monitoring functions, though they are restricted in their
access, and, as far as the producer countries are concerned, have to rely heavily on the
evidence of a few exposed points in the trade. These include species in transit and
transshipment.
However, the management of an extra-house monitoring facility would need careful handling
in the context of an international convention covering items within sovereign territory, and
the effects on the general functioning of the Secretariat could be significant. Nor would it
necessarily be regarded as a positive development. For all its limitations, CITES does
benefit from the active participation of a multiplicity of stakeholders, in both formal and
informal arenas. In the words of one informant, NGOs ‘circle the CoPs like hawks’, and
contribute actively to ensuring that such meetings are marked by a high level of debate.
While this does tend to mean that northern interests are represented disproportionately, this is
a situation which reflects global realities and is not CITES-specific.
All in all, CITES is widely viewed as one of the more effective Conventions. It has shown a
willingness to evolve in positive directions and it offers a forum which, if not always fully
transparent, does give all players an arena in which to express their views. It is evidently one
in which the parties see some value, illustrated by their willingness to participate actively in
its deliberations and the steps which some of them take to try to influence its decisions.

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 VI. BIBLIOGRAPHY

1. David Brown and Erin Swalis, ‘Comparative Study (3), The Convention on International
Trade in Endangered Species (CITES)’ (2005)

2. Rosalind Reeve, ‘Wildlife trade, sanctions and compliance: lessons from the CITES
regime’ (2006) Vol. 82, No. 5

3. Christian Nellemann, ‘The Environmental Crime Crisis - Threats to Sustainable

Development from Illegal Exploitation and Trade in Wildlife and Forest Resources’,
UNEP Rapid Response Assessment, 2014

4. Barry Walden Walsh, ‘ Convention on International Trade in Endangered Species of Wild

Fauna and Flora: A CITES Timeline’, ‘Selbyana’ (2005) Vol. 26, No 1/2, pp. 92-102

5. CITES 2013a, ‘Consideration of proposals for amendment of Appendices I and II.

Inclusion of the genus Dalbergia (populations of Madagascar) in CITES Appendix II.’,
CoP16 Prop. 63

Online References

1. https://www.iucnredlist.org/about/background-history

2. The Environmental Literacy Council, ‘Threatened and Endangered Species’ <https://

enviroliteracy.org/ecosystems/classifying-species/threatened-endangered-species/>
accessed 18th October 2019

3. https://www.traffic.org/about-us/illegal-wildlife-trade/

4. Analysis of the Environmental Trade impacts of Illegal Trade in Wildlife, <https://

wedocs.unep.org/bitstream/handle/20.500.11822/17554/
FINAL_%20UNEA2_Inf%20doc%2028.pdf?sequence=2&isAllowed=y> accessed 18th
October 2019

5. Fighting Illicit Wildlife Trafficking, <https://www.traffic.org/site/assets/files/7455/dalberg-

report-dec-2012.pdf> accessed 19th October 2019

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