The convention on international trade in endangered species of wild fauna and flora : its implications under public international law and under our domestic jurisdiction

Abstract

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES - known in its early days as the Washington Convention) has become the world's best known wildlife conservation treaty. In its twenty six years of existence, for twenty four of which it has been in force as an international legal instrument, it has received a great deal of public attention and much news media interest for a combination of reasons. Foremost, CITES deals with highly emotive issues : the killing or capture of wild animals; the use of wildlife for purposes abhorred by some sections of some societies (or some individuals within those societies); the smuggling or trafficking in illegal goods; and the plunder of nature for profit. CITES regulates international trade in specimens of species of wild fauna and flora i.e. export, re-export and import of live and dead animals and plants and of parts and derivatives thereof, based on a system of permits and certificates which can be issued if certain conditions are met and which have to be presented before consignments of specimens are allowed to leave or enter a country. The animal and plant species subject to different degrees of regulation are listed in three appendices : • Appendix I includes species threatened with extinction and for which trade must be subject to particularly strict regulations and only authorized in exceptional circumstances. • Appendix II species are not necessarily now threatened with extinction but may become so unless trade is strictly regulated. Appendix II further contains so called look-alike species, which are controlled because of their similarity in appearance to the other regulated species, thereby facilitating a more effective control thereof. • Appendix III contains species that are subject to regulation within the jurisdiction of a Party and for which the cooperation of other Parties is needed to prevent or restrict their exploitation. The listing of species in Appendices I and II requires a two-thirds majority decision by the Conference of the Parties. However Parties can list native species in Appendix III on their own initiative. CITES also provides for a good administrative structure. Each Party has to establish at least one Management Authority and a Scientific Authority, which are responsible for checking that the required conditions for issue of permits have been fulfilled and for granting the permit only if they have been complied with. There is also the CITES Secretariat in Switzerland which monitors the operation of the Treaty and encourages and facilitates the exchange of information and liaison between Member States, other authorities and organizations. Enforcement measures are to be carried out by each Party. These are responsible to enact the necessary laws implementing CITES, including penalizing trade activities that violate the provisions of the Treaty. Parties are also required to confiscate specimens (live or dead) which are being illegally traded. If the specimens are living Management Authorities are responsible for their care, by sending them either to the State of origin or to some other suitable site. Dead specimens may be sent to museums or to facilities that train enforcement officers in identification. Seized Appendix I specimens may not be put into commercial trade. Malta has acceded to this International Treaty on 17th April 1989, and it entered into force for Malta on 16th July 1989. On 14th February 1992 local legislation to honor the obligation of this convention were published in L.N. 19 of 1992 and this has been lastly amended through L.N .140 of 1997. These regulations are made in virtue of the powers vested in the Minister by S.32 and S.33 of the Environment Protection Act of 1991. CITES has been recognized as one of the few international vehicles for wildlife conservation that has at least appeared to have provided some much-needed action. The inclusion of species in the CITES appendices has often been heralded as a triumph for conservation, and the imposition of trade bans and the seizure of shipments of illegal specimens have both been seen as being positive contributions to international conservation. Finally, it has been recognized by many professionals working in the field of wildlife conservation as a remarkably potent tool which, if used well and applied correctly, could lead to substantial progress in arresting the over-exploitation of wildlife resources.