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The authors highlight the conflicts between balancing economic and environmental interest which require a careful balance between competing interests and values. Highlighting successes and problems faced in implementation of CITES, the authors focus on the involvement of local peoples in the implementation of biodiversity-related conventions, penalties for defaulters, and capacity challenges faced by law enforcement to carry out obligations. Experiences with the Omo Forest Reserve and Yankari Game Reserve located in South Western (Ogun State) and North Eastern (Bauchi State) Nigeria respectively are explored as a baseline for other potential biosphere reserves. These reserves contain several populations of globally endangered and near-threatened species from the IUCN Red List and the CITES-listed species. Unfortunately, authors explain, there are high levels of illegal trade in endangered and protected species, coupled with community conflicts. Though conservation efforts have a long history in the country, achievements are not encouraging. The authors argue that implementation of policies has not achieved the desired result of properly conserving the country’s biodiversity, and that applicable laws on wildlife and game management can implemented in an exploitative manner.
The authors outline the genesis of CITES and the governance processes supporting its operation, including regular amendments to its species lists, interpretive Resolutions and action-oriented Decisions adopted at meetings of the Conference of the Parties to CITES. They also discuss the evolution of CITES, including within the context of decisions taken at global sustainable development summits, such as Rio+20, and an exploration of how these summits have recognized and further enhanced the contributions of CITES to sustainable development. Finally, they detail some of the practical tools and mechanisms of CITES, such as legal acquisition findings, non-detriment findings and quotas for proposed trade, the review of significant trade in commercially-exploited species and guidance on addressing livelihood issues, and outlines how these mechanisms support the sustainable use of wildlife and, in doing so, make a tangible contribution to sustainable development.
The author discusses the larch tree, as the second longest-living vegetable species in the world, with specimens of more than 3,600 years found in Chile. This tree grows in the mountains and can reach up to 50 meters high and 5 meters in diameter. Although the larch has been declared a National Monument and is protected by the CITES Convention, government policies have failed to effectively protect the species and ensure its future conservation. This ancient tree is included in Appendix I of CITES; therefore, its international trade is forbidden. However, two exceptions have been applied for the export of this species: (i) the trade of larch prior to the Convention prior larch (pre-CITES); and (ii) the exception that allows the use of dead trees. In Chile, the author notes, this exception was deleted in 2005, although, according the domestic law, the trade of dead trees is permitted within the country.
The author notes that it is estimated that up to 70% of recent emerging zoonotic diseases (EZD) have wildlife origins. Both the domestic and international trade in wildlife and their parts have been implicated in the emergence and rapid spread of EZDs. Although the problem is not limited to species captured by the CITES regime, the CITES contains key provisions that have influenced the structure of the international response to these disease threats. After briefly explaining the connection between wildlife trade and zoonotic disease emergence, the author evaluates existing efforts under the CITES to respond to EZD threats in a manner that is consistent with the convention's objectives while cognizant of the livelihoods concerns of those often engaged in the trade. She concludes by identifying opportunities and challenges for global leadership in this area by the CITES.
The authors describe the general situation of global fin trade and specifically the particularities surrounding the Sphyrna lewini fin trade. They focuse on the problem of shark finning, on how this practice reduces the number of specimens and on the potential consequences of not taking measures to establish regulations that aim for a sustainable use. They also examine the process that led to the proposal to include this species on CITES Appendix II, the legal implications internationally of having the Sphyrna lewini listed and the positive implications this could have for the preservation of its population and for future proposals of other shark species that may be affected by fin trade.
The author underlines that traditional Chinese Medicine is an important part of Chinese cultural heritage and has been playing an essential role in preventing and treating diseases for thousands of years. He explains that Chinese material medica derived from natural sources such as plants minerals or animals, and that natural medical therapies increase standards of health, with growing attention and approval globally. However, the author notes, the environment is being destroyed at an alarming rate, natural resources are depleted at an unsustainable rate and a large number of species upon which these therapies depend are in danger of extinction. In the current situation, medicinal utilization became one important factor leading to the extinction of endangered medicinal animals. The author highlights the conflict between the demand for animal drugs in Traditional Chinese Medicine and the conservation of endangered animals. He argues that further efforts are essential for China to implement the CITES effectively, improving management of resources, and addressing cross-border wildlife trade.
Highlights that addressing biodiversity loss requires more than appropriate laws; it also requires effective enforcement and implementation. However, many of the most biodiverse countries in the world lack the necessary capacity and resources to effectively enforce wildlife protection laws, particularly against increasingly organized and powerful criminal networks. Building the capacity of these countries is an important but incomplete part of a fair and lasting solution; it must be accompanied by action on the part of more developed countries to take responsibility for their role in driving, controlling and perpetrating wildlife crime outside their borders. CITES itself is a landmark agreement in recognizing this responsibility. Countries can fulfil this responsibility by expanding jurisdiction through measures such as trade-based and supply chain regulations and long-arm legislation. These measures can allow more capable countries to take on a larger share of the burden of enforcing wildlife legislation, resulting in more fair, effective and efficient implementation of CITES.
The author notes that a number of global commercial fisheries are facing imminent crisis as the fishing industry extracts fish across the high seas at unsustainable rates. She argues for the need in the coming decades for States as part of their fishery management programs to compromise and propose listing of a number of commercially threatened fish in the CITES Appendices. She focuses on the interpretation of the requirements under CITES Article I, III and IV related to “introduction from the sea” (IFS) as potential drivers for sustainable high seas fisheries.
The author asserts that the SDGs and the Post-2015 Development Agenda will need to improve on the monitoring and assessment systems of the Millennium Development Goals system if they are to have a significant effect. The author emphasizes that the cross-issue focus of the SDGs and the need to make the SDGs key planning tools for actors at local, national, and international levels both require systems of assessment and revision of rules to improve outcomes. In the tense political context of international development systems, the author argues, chances for a centralized and firmly coordinated system of monitoring, assessment and revision are unlikely and is not currently being developed in the SDG and Post-2015 discussions. To augment such a system, the author argues that those supporting the SDGs will need to develop decentralized systems which are perceived as legitimate to different sets of actors.
The focus is on the African elephant (Loxodonta africana), which is facing the greatest crisis in decades as a result of a surge in illegal ivory trade despite the presence of a ban by the CITES. The author recognizes a growing concern that Tanzania is among the leading source and a trafficking route for ivory to South-East Asian markets, claims that have been refuted by the Tanzanian government and conservation authorities. The author describes the failures by Tanzania to comply to international laws especially CITES in curbing illegal ivory trade, examining various aspects of controlling the illegal killing of elephants, and casting a light on their performance using data derived from qualitative research and secondary data sources. According to the author, results reveal a failure by Tanzania to curb ivory trade on various stances such as protection for elephants and confiscation of the ivory that originate within or transit through its borders. The author recommends increases in efforts to curb the ivory trade in compliance to CITES and various other international laws it has ratified.
The authors note that historical responses to the conservation and sustainable use of wildlife have been predominantly regulatory, relying largely on the implementation of CITES. However, these supply-centric approaches have at best had mixed effectiveness, while CITES largely disregards the economic reality of wildlife trade in implementation terms. In this chapter, the authors examine the outcome of CITES policies on the trade and conservation of pangolins (Manis spp.) in Asia, specifically an Appendix II listing, inclusion in multiple phases of the Review of Significant Trade process, and a proposed transfer to Appendix I at CoP11 in 2000. They argue that reforms to this supply-centric approach are needed urgently, and which should include an explicit and in-depth understanding of consumer demand factors, and changing market dynamics (e.g., rapidly increasing demand, rising prices).
The author asserts that the Convention on Biological Diversity (CBD) 1992, the Bonn Convention 1979, CITES 1973 and the Ramsar Convention 1971 have a common objective – emphasizing environmentally sound development for the conservation of biological diversity and their habitats. The author offers a scrutiny of the accords to highlight an apparent overlap of this objective in different contexts. The author argues that since the CBD has the broadest (general) scope in terms of the above objective, all the other regimes should be sub-legislations to it where necessary. Also, the author argues that as a way to practically and effectively implement the resultant legislation, an omnibus compromise provision should be included in the CBD as an implementation guide towards the effective realization of the SDGs, demonstrating that in the author’s view, it is unrealistic to argue that all of nature can be maintained.
In this chapter, the author draws key lessons emerging from an integrated analysis of CITES, UNFCCC and CBD as a basis for inter-sectorial articulation and approaches to the sustainability of species and ecosystems; as well as from recent developments in Peru’s forests policy and the new context for agreement and investment on securing land rights to indigenous peoples, under the consultation law, and also to other ecosystem tenants based on their right to be taken into account in participatory processes. The author recommends possible future developments, emphasizing the importance of coordination between the mandates and measures for implementation of the UNFCCC, CITES and CBD.
The editors lay out new directions for law and policy on sustainable development in the context of the CITES and CITES-listed species, draws out key findings from the book, identifies elements of the future international law and governance research agenda, and offers tentative conclusions on the state of international efforts to secure implementation of the CITES in the context of global SDGs.