CITES

Question 1

Legal Wildlife Trade

Answer 1

• happens for species under Appendix II
• also happens though for a whole bunch of species not governed by CITES

Question 2

CITES - Article 2

Answer 2

• Fundamental Principles
• dictates which kinds of species fall into Appendices I, II, and III
• also says Parties shall not allow trade in listed species EXCEPT in accordance w/ the CITES provisions (trade can happen, but under certain conditions)

Question 3

CITES - Appendix I Species

Answer 3

• includes “all species threatened with extinction which are or may be affected by trade” (Article 2)
• Article 2 also emphasizes trade in these species “must be subject to particularly strict regulation” + only authorized “in exceptional circumstances”
• keep in mind concept of affected by trade - listing not just a matter of species status, it depends on extent to which trade is driving that status as well

Question 4

CITES - Article 1

Answer 4

• sets out definitions of species + specimen
• species includes species, sub-species, and geographically separate population
  -specimen includes any plant, animal, or recognizable part or derivative thereof

Question 5

What does CITES regulate?

Answer 5

• explicitly restricted to international trade in species threatened with extinction
• treads very carefully around national sovereignty issues -> does NOT regulate protection of a species w/in a particular nation’s borders
• also does not regulate non-trade threats to species
• CITES only applies ones species/specimen enters stream of international commerce

Question 6

CITES - Appendix II Species

Answer 6

• “all species which although not necessarily now threatened with extinction may become so unless trade in specimens of such species is subject to strict regulation in order to avoid utilization incompatible with their survival” (Article 2(2)(a))
• also look-alike species (Article 2(2)(b))

Question 7

CITES - Appendix III Species

Answer 7

• “all species which any Party identifies as being subject to regulation within its jurisdiction for the purpose of preventing or restricting exploitation, and as needing the co-operation of other Parties in the control of trade” (Article 2(3))
• Party can add unilaterally, but needs to be currently protecting the species under its own domestic laws + seeking help of int community to control its int trade

Question 8

CITES - Article III

Answer 8

• discusses regulation of specimens in Appendix I
• note that commercial trade in Appendix I species is generally prohibited
• need both an export permit AND an import permit for trade

Question 9

CITES - Appendix I Export Requirements

Answer 9

• set out in Article III(2)

Need export permit -> only granted when:
- Scientific Authority of the export state has advised export “not detrimental to the survival of that species”
- Management Authority of export state satisfied the specimen wasn’t obtained in contravention of that state’s laws for protection of flora + fauna
-> also satisfied prepared and shipped to minimize risk of injury, damage to health, or cruel treatment
-> also satisfied that an import permit has been granted for the specimen

Question 10

CITES - Appendix I Import Requirements

Answer 10

• set out in Article III(4)
• need to present both export permit + import permit for import

For import permit, need:
- Scientific Authority of import state has advised import for purposes “not detrimental to the survival of the species involves”
- Scientific Authority also satisfied proposed recipient of living specimen suitably equipped to house + care for it
- Management Authority satisfied specimen “not to be used for primarily commercial purposes” (this is where the ban on commercial trade derives from)

Question 11

CITES - Appendix II Trade Requirements

Answer 11

• set out in Article IV

ONLY need export permit, which requires:
- Scientific Authority of the export state has advised export “not detrimental to the survival of that species”
- Management Authority of export state satisfied the specimen wasn’t obtained in contravention of that state’s laws for protection of flora + fauna
-> also satisfied prepared and shipped to minimize risk of injury, damage to health, or cruel treatment

Question 12

CITES - Intent of Appendix II Requirements

Answer 12

• don’t need import permit b/c not banning commercial trade entirely
• more focused on non-detriment finding - trying to make sure trade won’t harm the capacity of the species to survive domestically
  -> CAN be traded internationally subject to permit reqs
  -> goal is more to put the species within a regulated trade system, not stop trade completely
  ->middle-ground - authorities still have power to say trade WILL be detrimental + refuse to grant permit

Question 13

CITES - Chicken and Egg Issue

Answer 13

• need some info to list, but listing is how we get the requisite info for certain species

Question 14

CITES - Primary Activity

Answer 14

• primarily acts as a regulatory mechanism, not an outright ban on trade
• generally far fewer species listed on Appendix I than Appendix II

Question 15

CITES - Appendix III Trade Requirements

Answer 15

• set out in Article V
• only need export permit if the specimen is from the country that put the species on Appendix III
• BUT need certificate of origin for import (imposing some burden of verifying where the species came from -> avoiding leakage)
• nod to ability of states to have greater protection

Question 16

Examples of Flexible Listings

Answer 16

• Split-listing of the African Elephant - Appendix I except for populations in Botswana, Namibia, South Africa, + Zimbabwe -> those countries are subject to zero export quotas, w/ provision for periodic sales between designated countries
• white rhinoceros - Appendix I except populations of a certain subspecies in South Africa + Swaziland -> Appendix II for exclusive purpose of trade in live animals + hunting trophies

Question 17

CITES - Capacity Barriers to Implementation

Answer 17

• designation of national authorities
• local circumstances and incentives
  -> complexity of human-wildlife conflict, also financial incentives
• corruption
• disparities in resources - traffickers and local enforcement
• judicial

Knowledge
- non-detriment findings
- training of customs officials
- species

Question 18

CITES - Addressing Implementation

Answer 18

• Prof did point out in places that treaty regime can help with implementation
• guidance on NDFs, parties sharing info
• training for customs officials + building capacity - int community can provide support

Question 19

CITES - Sustainable Livelihoods

Answer 19

• Prof noted this isn’t technically embedded in the treaty, but CITES parties increasingly recognizing the need to grapple with this
  -> concept that financial incentives of wildlife trade can be lucrative + comparative low salaries of rangers can make it difficult to say no

Question 20

CITES - Comparison to Other Treaties We’ve Looked At

Answer 20

• very different from CBD
• main distinction is that it has very strict provisions
• firmer obligations, but within that still suffers from some of the challenges that int env agreements suffer from (implementation, ensuring parties are complying + are able to comply)
• CITES has developed a lot of work over the yrs on implementation, identifying particular species of concern + trying to identify particular approaches for those species -> lot of activity over time, lot to unpack, lots of NGO participation (not just at conference of the parties, but also those who work in partnership of the CITES Secretariat, such as TRAFFIC, which produces really important assessments of the state of trade)

Question 21

CITES - Article VII

Answer 21

• Exemptions and Special Provisions
• prior acquisitions (before CITES applied to the species)
• personal or household effects (still need permission from Management Authority)
• captive-breeding and artificial propagation
• non-commercial loans (scientific institutions)
• traveling zoo, circus, menagerie, plant exhibitions or other traveling exhibition
• not complete exemptions - still some reqs

Question 22

CITES - Article X

Answer 22

• Trade with States Not Party to the Convention
• essentially, non-party needs to show that it substantially conforms to the CITES reqs
• mechanism that might encourage states to be part of the treaty + benefit from the capacity, or at least not perceive a huge benefit from opting out
  -> b/c of nature of int trade, you only benefit from opting out if someone else is willing to do it with you

“Where export or re-export is to, or import is from, a State not a Party to the present Convention, comparable documentation issued by the competent authorities in that State which substantially conforms with the requirements of the present Convention for permits and certificates may be accepted in lieu thereof by any Party.”

Question 23

CITES - Article XV

Answer 23

• Amendments to Appendices I and II
• need 2/3 majority of those present and voting at Conferences of the Parties
• all are bound if it passes, except XV(3) allows you to make specific reservations to particular listing decisions, as long as you do so w/in 90 days -> you’re then treated as a non-Party for trade in that species

Question 24

Article XXIII

Answer 24

• Reservations
• general reservations are not allowed
• specific reservations can be entered in accordance with the provisions of Article XV
• also allows states to enter specific reservations when they ratify CITES
• reiterates that if you have a reservation, you’re treated as a non-Party for the purpose of that species

Question 25

Listing Dynamics - What should inform listing decisions?

Answer 25

- the main factors are biological criteria and trade criteria -> trade considered to the extent you're focusing on a particular threat to the species (trying to figure out if trade specifically is harming the species, not just whether it's threatened) - counterarg - possibility that trade could exacerbate existing threats if not regulated (might want to have a buffer in case of trade uptick) - discussed in class possibility of considering social + political contexts – can have spillover effects that may play a role in how you analyze trade risks + how states navigate their own positions

Question 26

Arguments in Favor of Trade

Answer 26

- way to make conservation pay- generating resources for conservation, compensating local communities who live with human-wildlife conflict ->Also creating value associated with conservation -> creating incentives for protection (leakage + illegal activity happens where there’s space + incentives for it to happen) - may have certain resources in stock – may as well use them (ex of ivory stocks from culling) - supply-side economics argument - flood the market -> prices go down -> becomes less lucrative to participate in illegal trade so people stop doing it - managing trade allows you to differentiate, can still have particular state assessments of the harms to the species

Question 27

Assumptions that Trade Args Often Make

Answer 27

- substitutability - are the legal products being developed fungible/essentially equivalent to the illegal ones - can the products be provided legally in a cost-effective manner? - will the benefits actually go to local communities? - elasticity of demand - highly debatable

Question 28

Strategies to Address Illegal Wildlife Trade

Answer 28

- demand reduction - working with communities - international criminal cooperation - national legislation - other international fora - capacity-building