International law and criminalizing illegal trade in endangered species (from the Far Eastern perspective)

2019 ◽  
Vol 22 (2) ◽  
pp. 207-227
Author(s):  
Alexandre Chitov
Keyword(s):  
International Trade ◽  
Endangered Species ◽  
International Law ◽  
Illegal Trade ◽  
Administrative Control ◽  
Wild Fauna ◽  
Effective Level ◽  
International Obligations ◽  
Successful Fulfillment ◽  
Far Eastern

The article examines international law in relation to international trade in endangered species. It analyzes the major international agreement in this area: CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora 1973) in the context of Thailand and China. The article argues that CITES does not sufficiently address the need of those countries to criminalize illegal trade in endangered animals and plants across borders. CITES requires an increased administrative control over the trade which many developing countries are unable to carry out in order to achieve an effective level of protection for the endangered species. Under the influence of CITES, the crime of illegal trade is defined in Thailand and China narrowly as trade in violation of administrative controls. The main argument of this article is, first, that the countries, such as Thailand and China, must adopt a broader concept of the crime of illegal trade in endangered species. Second, there is a need to adopt this concept on an international level in order to facilitate a successful fulfillment of the countries’ international obligations.

scholarly journals Speciesism and the Wildlife Trade: Who gets Listed, Downlisted and Uplisted in CITES?

2021 ◽  
Vol 10 (3) ◽  
Author(s):  
Alison Hutchinson ◽  
Nathan Stephens-Griffin ◽  
Tanya Wyatt
Keyword(s):  
International Trade ◽  
Endangered Species ◽  
Market Value ◽  
Wildlife Trade ◽  
Human Consumption ◽  
Illegal Trade ◽  
International Union ◽  
Survival Status ◽  
Wild Fauna ◽  
To Receive

Wildlife faces a number of threats due to human activity, including overexploitation from excessive and/or illegal trade. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is the main international legal instrument to address such overexploitation. However, not all species threatened by excessive trade are protected by CITES, leading to criticism that it is an instrument for the preservation of exploitation as opposed to the protection of wildlife (Goyes and Sollund 2016). This article explores whether CITES classifications can be said to perpetuate speciesist thinking. We highlight which species are more likely to receive protection by analysing which species are listed and how some species move between the CITES Appendices and comparing this to the International Union for the Conservation of Nature’s (IUCN) classifications for traded wildlife. We find that a species’ market value, charisma, and survival status form a complex set of characteristics that lead (or not) to the continual trade of some species, even though they are facing extinction from human consumption.

scholarly journals UPAYA PERLINDUNGAN SATWA LIAR INDONESIA MELALUI INSTRUMEN HUKUM DAN PERUNDANG-UNDANGAN

2021 ◽  
Vol 2 (2) ◽  
pp. 29-48
Author(s):  
Fathi Hanif
Keyword(s):  
International Trade ◽  
Law Enforcement ◽  
Endangered Species ◽  
International Law ◽  
Deterrent Effect ◽  
Criminal Cases ◽  
Wildlife Protection ◽  
Critically Endangered Species ◽  
Wild Fauna ◽  
Resources Conservation

Abstrak Saat ini perlindungan jenis satwa atau hidupan liar diatur dalam instrumen hukum internasional seperti Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) tahun 1973. Undang-undang No.5 tahun 1990 tentang Konservasi Sumberdaya Alam Hayati dan Ekosistemnya danperaturan pelaksanaan lainnya mengatur perlindungan jenis satwa atau hidupan liar di Indonesia. Hingga saat ini masih banyak kasus kejahatan yang berkaitan dengan perburuan dan perdagangan satwa atau hidupan liar yang dilindungi, seperti kasus penyelundupan kakatua jambul kuning di Surabaya pada medio Maret 2015. Implementasi perundang-undangan bidang ini belum efektif dari sisi perlindungan satwa di habitatnya maupun menjerat maksimal pelaku kejahatan. Tulisan ini menyimpulkan bahwa instrumen hukum nasional yang melindungi satwa dan tumbuhan liar belum memiliki kelengkapan ketentuan yang mengacu pada CITES sepenuhnya, dan ancaman sanksi yang ada juga tidak menimbulkan efek jera pelaku kejahatan. Dibutuhkan revisi perundang-undangan dibidang konservasi, perlindungan satwa atau hidupan liar yang sejalan dengan perkembangan instrumen hukum internasional. Abstract The protection of wildlife stated in the international law instruments such as Convention on International Trade in as Critically Endangered Species of Wild Fauna and Flora (CITES) in 1973. Law No. 5 of1990 regardingNatural Resources Conservation and ItsEcosystems and related goverment regulations governprotection of wildlife in Indonesia. Recently, there are still many criminal cases related to poaching and trade of wildlife or protected animals, such as yellow-crested cockatoo smuggling cases in Surabaya on March 2015. Implementation of regulation and the law enforcement concerning wildlife is not effective to protect animals in their habitat. The legal instrument in the national leveltoprotect wildlife isnot complete and comprehensive yet,especially compared with the norms ofCITES and its regulations;andthe punishment did not make the deterrent effect to the perpetrators. There is aneed to push the goverment to make a revision the regulation regarding conservation and wildlife protection that are in line with the international law instruments.

scholarly journals The evolution of legal controls on rhinoceros products in Hong Kong—an Asian model worth considering

Oryx ◽  
1991 ◽  
Vol 25 (4) ◽  
pp. 209-214
Author(s):  
Tom Milliken
Keyword(s):  
International Trade ◽  
Hong Kong ◽  
Endangered Species ◽  
Illegal Trade ◽  
Asian Countries ◽  
Domestic Markets ◽  
Wild Fauna ◽  
National Boundaries ◽  
Legal Controls

Although commercial international trade in rhinoceros parts, products and derivatives has been prohibited under the Convention on International Trade in Endangered Species of Wild Fauna and Flora since 1977, trade within national boundaries cannot be regulated under the Convention. As a result illegal trade to supply domestic markets persists and rhinoceros populations continue to decline. Hong Kong was the first government in Asia to address this problem. Over a period of 13 years Hong Kong authorities introduced regulations progressively restricting the trade until in 1989 all aspects of the country's rhino trade became subject to legal prohibitions. Hong Kong's experience offers a valuable model for other Asian countries.

scholarly journals Bear trade in the Czech Republic: an analysis of legal and illegal international trade from 2005 to 2020

2020 ◽  
Vol 66 (6) ◽  
Author(s):  
Chris R. Shepherd ◽  
Jitka Kufnerová ◽  
Tomáš Cajthaml ◽  
Jaroslava Frouzová ◽  
Lalita Gomez
Keyword(s):  
International Trade ◽  
Czech Republic ◽  
Endangered Species ◽  
International Collaboration ◽  
Illegal Trade ◽  
The Czech Republic ◽  
Traditional Medicines ◽  
Wild Fauna ◽  
The Usa

AbstractThere is a large demand for bear parts in the Czech Republic, and this drives legal and illegal trade in various bear species sourced from outside the country. From 2010 to 2018, the Czech Republic reported legal imports of 495 bear parts, mostly as trophies from Canada and Russia. Illegal trade in bear parts and derivatives for medicine as well as trophies persists as evidenced by the number of seizures made by the Czech Environmental Inspectorate during this same period. From January 2005 to February 2020, 36 seizures involving bears, their parts and derivatives, were made totalling 346 items. Most cases involved trophies (skins, skulls, taxidermies) predominantly from Canada, Russia and the USA, followed by traditional medicines claiming to contain bear parts mostly from Vietnam and China. Three cases involved souvenirs or jewellery, and one case involved live bear cubs. The greatest number of seizures made originated from Vietnam, followed by Canada and Russia. As all countries involved in these incidents are Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), there is a mechanism in place to jointly tackle this illegal trade. International collaboration is essential if efforts to end the illegal international trade in bear parts and derivatives are to succeed.

scholarly journals How to control illegal wildlife trade in the Himalayas

1970 ◽  
Vol 2 (3) ◽  
pp. 15-16
Author(s):  
Ramesh P Chaudhary
Keyword(s):  
International Trade ◽  
Endangered Species ◽  
Full Text ◽  
Wildlife Trade ◽  
Successful Implementation ◽  
Illegal Trade ◽  
Policy And Practice ◽  
Illegal Wildlife Trade ◽  
Wild Fauna ◽  
Academic Publications

Review of Cites Implementation in Nepal and India – Law, Policy and Practice by Ravi Sharma Aryal Bhrikuti Academic Publications, Kathmandu, Nepal, 2004 200 pp, ISBN 99933-673-4-6 NRs 995, US$ 25 (paperback) The international illegal trade in wildlife and wildlife products is one the major engines driving species to extinction. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which defines standards for use of wildlife and their products, represents a major global commitment to reverse this trend. It remains to be seen whether the terms of this treaty will be enforced. Focusing on Nepal and its neighbors, Aryal discusses the obstacles to its successful implementation: imprecise legislation, inconsistent policies, lack of coordination among relevant institutions (particularly, those responsible for regulating international trade), and the deadly threat posed by poachers determined to protect their endangered livelihoods. Aryal’s recommendations are detailed, far-reaching, and compelling. Himalayan Journal of Sciences 2(3): 15-16, 2004 The full text is of this article is available at the Himalayan Journal of Sciences website

scholarly journals The final straw? An overview of Straw-headed Bulbul Pycnonotus zeylanicus trade in Indonesia

2017 ◽  
Vol 28 (1) ◽  
pp. 126-132 ◽  
Author(s):  
DANIEL BERGIN ◽  
SERENE C. L. CHNG ◽  
JAMES A. EATON ◽  
CHRIS R. SHEPHERD
Keyword(s):  
International Trade ◽  
Endangered Species ◽  
Threatened Species ◽  
Iucn Red List ◽  
Red List ◽  
Illegal Trade ◽  
Protected Species ◽  
West Kalimantan ◽  
Wild Fauna ◽  
In The Wild

SummaryCurrently listed as Endangered on the IUCN Red List of Threatened Species, the Straw-headed Bulbul Pycnonotus zeylanicus is being driven towards extinction throughout most of its range by unregulated illegal trade supplying the demand for songbirds. We conducted surveys of bird markets in North and West Kalimantan, and Central, West and East Java between July 2014 and June 2015, and observed a total of 71 Straw-headed Bulbuls in 11 markets in eight cities. Comparing our data with the literature, we found that as numbers in markets are decreasing, prices are increasing to over 20 times the prices recorded in 1987, indicating that numbers in the wild are diminishing. This is corroborated by widespread extirpations throughout their range and reports from traders that Straw-headed Bulbuls are increasingly difficult to locate, while demand from consumers remains high. Concerted efforts from a variety of stakeholders are urgently needed to prevent the extinction of this species in the wild. We recommend that the Straw-headed Bulbul be included in Indonesia’s list of protected species, considered for uplisting to Critically Endangered on the IUCN Red List and listed in Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). We also urge the Indonesian Government to effectively enforce existing laws, targeting the open bird markets to shut down the trade in this and other threatened species.

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