#7933 - Convention On International Trade In Endangered Species Part 2 - International Environmental Law

Environmental Law 19th April 2011: The appendices are very important, as they designate the level of protectedness of each species. Amendments can be made to shift species between appendices. Most contentious species have been elephants and cetaceans (like whales). Amendments, Reservations: Article XV: Amendments to Appendices I and II * Any party can propose amendment for the next meeting. Amendments shall be adopted by 2/3rd majority at the meeting, enter into force 90 days later for all parties, except those making a reservation under para (3). * In between meetings, any party may propose amendment. Notice to parties and other relevant bodies, parties have 60 days to comment. If there are no objections, the amendment enters into force after 90 days, except for parties making a reservation. If objection(s) received, postal vote is required. * Reservations: para (3): 'the Party shall be treated as a State not a Party... with respect to trade in the species concerned' Article XVI: Amendments to Appendix III * Reservations are possible here too. A major feature of CITES is this reservations process. It means that a State isn't bound by CITES controls if it has a reservation entered for that species. * * * Along with the limited scope (trade only, Appendices), and illegal trade, reservations are the most commonly identified weaknesses of CITES (e.g. Boer, Ramsay, Rothwell 'Protection of BD'. To some other organisations, having a built-in reservations process within a treaty is having a way to get countries to sign up to the treaty in the first place. This is the most common way of encouraging states to sign up. This has gone out of fashion a bit, shift from cooexistence to cooperation - moved away from using reservations and we now use other kinds of inducements to get parties to sign up. This will become more apparent when we look at the Convention on BioDiversity. Commercial fish species: shark, tuna, herring. Unless you're protected in one of the Appendices you're not a protected species and will gain no protection from CITES. Some of the most contentious discussion on listing species in Appendices has been around commercial fish stocks. Also note emphasis on export permits puts the pressure on developing countries. Appendices one requires export and import, appendices 2 and 3 require only export. By placing the burden on export permits, places the burden on developing countries because much of the trade in these species originates in developing countries. Obligations of the Parties: Article VIII: Measures to be taken by parties: * Parties 'shall take appropriate measures' to enforce CITES including penalising trade, possession and providing for confiscation of specimens and return to state of export. Each party shall maintain records and submit periodic reports to the Secretariat. Article IX: Management and Scientific Authorities: * Parties must establish these to grant permits, including ensuring compliance with domestic law and conditions of shipment. Scientific authorities advise as to the effect of trade on survival of the species.