Abstract
The purpose of this paper is to investigate implementation of the Convention in International Trade in Endangered Species of Wild Fauna and Flora (CITES) in Small Island Developing States (SIDS) in the South Pacific Region with particular emphasis on the establishment and administration of CITES Management and Scientific Authorities (MAs and SAs respectively). The paper will outline the purpose and general provisions of CITES looking in more detail at the establishment, roles and functions of MAs and SAs. It will look at the problems South Pacific countries may encounter when endeavouring to implement CITES and will explore options for countries to establish and administer MAs and SAs and in other ways implement the Convention in a regional cooperative manner to decrease the administrative and financial burdens on individual countries. The paper will focus on legal matters, as it is not within its scope to give justice to all the related issues. Problems in implementing CITES in the Region include: Vast distances between island nations and the related communication problems; The differing legal and political frameworks that exist in the Region; A general lack of expertise in environmental law and related issues; Problems with enforcement; and A lack of institutional and financial capacity. One way in which some of these obstacles may be overcome is the formation of regional CITES bodies to enhance cooperation and information sharing. Options for establishment of joint bodies such as MAs and SAs may include: the use of an existing regional structure such as the South Pacific Regional Environment Programme (SPREP) or the Pacific Islands Forum (previously the South Pacific Forum) to act as one or both of the Authorities; outsourcing the administrative functions of Authorities; or having a central coordinating body to facilitate information flow and resource sharing. The paper will also look briefly at the capacity building processes currently being implemented by the CITES Secretariat to encourage and facilitate the ratification of CITES by developing States. A series of recommendations will be developed so as to provide advice to Australia on ways in which it can further its role in assisting South Pacific nations to fully implement and enforce CITES.
Highlights
Extinction is a natural feature of the evolution of life on earth, recent human induced extinction is some 100 times faster than natural extinction rates
Wildlife trade is a highly profitable business and involves a wide variety of species with millions of animals and plants traded each year to supply the demand for pets, ornamental plants, furs, skins, leather and timber, and articles manufactured from these materials.[1]
Trade in threatened species is an issue of considerable concern for the South Pacific, as the Region is a significant source of species whose welfare is, or may be, threatened by trade.[7]
Summary
The Convention’s preamble states that Parties to CITES recognise ‘that wild fauna and flora in their many beautiful and varied forms are an irreplaceable part of the natural systems of the earth which must be protected for this and the generations to come’, and that wild fauna and flora has many values, including ‘aesthetic, scientific, cultural, recreational and economic’. CITES Parties recognise that ‘peoples and States are and should be the best protectors of their own wild fauna and flora’ and ‘that international cooperation is essential for the protection of certain species of wild fauna and flora against over-exploitation through international trade’.28 As such the preamble provides for two key international law principles to be met: the need for greater international cooperation to deal with environmental problems both within and beyond. Article VII.[2] provides that, when a Management Authority of a State of export or re-export determines that a specimen ‘was acquired before the provisions of the present Convention applied to that specimen, the provisions of Articles III, IV and V do not apply’.32 In such a case, the exporting State’s Management Authority issues a preConvention specimen certificate upon making such a determination so that the specimen may be traded.[33] Article VIII sets out measures to be taken by the Parties including those for enforcement; confiscation of live specimens; keeping of records of trade, permits and certificates; and reporting mechanisms. Article XXIII allows Parties to take reservations from the Convention as to particular listed species either at the time of that Party’s ratification or upon amendment to an Appendix.[37]
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