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CITES, the Convention on International Trade in Endangered Species of Wild Flora and Fauna , regulates and moderates international trade in plants and animals to ensure that such trade does not threaten their survival. The Convention seeks to achieve this by placing various restrictions and requirements on legal trade in certain flora and fauna. Its system of permits and certificates, which relate to three lists of protected species in the Convention's Appendices, enable States Parties to 'reciprocally protect one another's species according to a common set of rules' (UNODC, 2016, p. 23). In addition, CITES provides a framework to combat trade that occurs outside these limits. CITES is the only international instrument mandating penalization of illegal trade in protected species (UNODC, 2012).
As of June 2019, CITES regulates trade of some 30,000 plant and 5,800 animal species. As of 1 March 2019, 183 States have signed this treaty. The Convention is legally binding on ratifying parties, which must adopt domestic laws to ensure CITES compliance at the national level. The Convention's scope is 'limited to international trade and species affected by that international trade (Aricle I(c), (e); Wiersema, 2017). States Parties are free to regulate domestic trade involving on CITES-listed species as they see fit.
The role and effectiveness of CITES in combatting wildlife trafficking and protecting endangered species is limited. CITES is a trade instrument designed to regulate the legal trade in wildlife and plant species. Several widely traded species have become critically endangered or extinct despite their inclusion in the CITES' Appendix system. For example, the Northern White Rhinoceros, while listed in CITES Appendix I, became functionally extinct in 2018 following excessive poaching.
CITES regulates the international trade in flora and fauna through use of import and export permits. The specific requirements for these permits vary depending on the level of restriction imposed by CITES on the trade of a species (Ivory, 2017).
CITES applies to 'specimens of species' which are listed in the Convention's Appendices. These may be alive or dead and include 'any readily recognizable part or derivative thereof' (Article I(b)). The Conference of the Parties - the governing and decision-making body for CITES, as described below - has further clarified that
'Species' includes 'any species, subspecies or geographically separate population thereof' (Article I(a)). The fact that species may be differentiated by geographic location means that certain States' populations of a species may be placed in one Appendix, while other States' populations of the same species appear in a different or no Appendix. Thus, States that have better managed, non-endangered populations of species, but which are endangered elsewhere, may engage in commercial trade (Bowman et al, 2010).
A large number of animal and plant species are listed in the CITES Appendices. There are roughly 36,000 species of animals and plants listed in the three Appendices (numbers are approximate as there are no agreed lists for some higher taxa). The vast majority of listings are in Appendix II (over 95 percent), with smaller numbers in Appendix I and III. Specific listings in the Appendices often include annotations, such as the inclusion or exclusion of certain subspecies or geographically distinct populations. They may also include quotas for export.
Many species are threatened with extinction due to the negative effects of international trade. Appendix I seeks to protect such species by subjecting any trade in them to 'particularly strict regulation in order not to endanger further survival'. Trade 'must only be authorized in exceptional circumstances.' 'Exceptional circumstances' include, inter alia, for scientific exchange, breeding, or educational programmes (Strydom, 2016). Trade cannot be for primarily commercial purposes (Article III(c)). As a result of such strict stipulations, listing a species in Appendix I effectively ends the commercial international trade in that species. Examples of species listed in Appendix I include the giant panda, gorillas, Asian elephants, and all tiger species.
Export and import permits, issued by States' Management Authorities, are required where Appendix I species are to be traded internationally (Article III(2) and (3)). An export permit can only be granted if the exporting State confirms that 'export will not be detrimental to the survival of that species' and following confirmation that travel precautions have been taken to minimize any risk of cruel treatment or injury (Article III(2)(a)-(c)). An import permit must also be granted by the receiving State prior to export. Import permits can only be granted where the purpose of import is not detrimental to the survival of the species and is not for primarily commercial purpose (Article III(3)). Documentation is also required for re-export (meaning export of any specimen that has previously been imported) of species (Article III(2)(a), III(3)(a)).
CITES places a prohibition on the introduction from the sea of species listed in Appendix I. Introduction from the sea is defined in Article I(e) as 'transportation into a State of specimens of any species which were taken in the marine environment not under the jurisdiction of any State'. A permit is required in such cases, as well as satisfaction of the above conditions regarding importation of Appendix I species (Article III(5)). A specimen is introduced from the sea if it is 'taken in the marine environment not under the jurisdiction of any State' (Article I(e)).
Appendix II includes species that are not currently threatened with extinction, but which may be threatened if the trade in them is not strictly regulated (Strydom, 2016). Examples of species listed in Appendix II include the hippopotamus, Southern elephant seals, and African penguins.
In practice, species listed in Appendix II involve species that are traded in substantial numbers and are unthreatened, as well as species not subject to significant trade but which may be vulnerable if trade in them increases (Bowman et al, 2010). Compared to the other two Appendices, Appendix II contains the largest number of listings, with over 30,000 species. This is said to be a consequence of States Parties' 'tendency to list individual species in Appendix I and whole families in Appendix II' (Bowman et al, 2010, p. 496). Species that are lookalikes for species listed in Appendix II may also be added to prevent trade in lookalike species from affecting species requiring Appendix II regulation (Article II(2)(b)).
Trade in Appendix II species is less restrictive than those in Appendix I, with trade permitted for commercial reasons if not detrimental to the species in the wild. Export permits are required, for which the exporting State must make determinations similar to those applicable to Appendix I species. In particular, there must still be a determination that export is not 'detrimental to the survival of that species' (Article IV(2)(b)). Furthermore, export permits must be limited where it is determined that export of an Appendix II species must be reduced
Species included in Appendix III are identified as being subject to domestic regulation within a State Party to CITES 'for the purposes of preventing or restricting exploitation', with cooperation required between parties to control the trade (Article II(3)). Examples of species listed in Appendix III include the Bengal fox (listed by India), the walrus (listed by Canada), and common snapping turtles (listed by the United States).
The permit requirements for trade in Appendix III species are less restrictive than for those listed in Appendices I or II (Sheikh & Corn, 2016). While only the Conference of the Parties can amend Appendices I and II, States Parties can unilaterally add or remove species from Appendix III by notifying the CITES Secretariat (Article XVI). There is nonetheless an expectation that other States at the Conference of the Parties and the Animals and Plants Committees are consulted when species are added or removed (Resolution Conf. 9.25 (Rev. CoP17)).
CITES regulates trade among State Parties and between States Parties and Non-Party States. Where this occurs, the non-party must issue documentation comparable to and which substantially conforms with the requirements of CITES' provisions (Article X). The Conference of the Parties and the Standing Committee can make recommendations to suspend trade with non-parties where they do not comply with these requirements (Bowman et al, 2010).
Under Article XXIII of CITES, States Parties may enter reservations to certain species being included in an Appendix, where the Party finds the listing of the species unacceptable. This is usually due to the reserving party having a legitimate economic or trading interest in the species. Notable examples of reservations include those by Japan, Norway, and Iceland with regard to certain species of whale. Each of these countries maintains whaling operations for particular whale species, for commercial, export, and scientific purposes, and objects to the restrictions otherwise imposed by CITES.
While the reservation mechanism in CITES has been criticized by some commentators as weakening the Convention (see, for example, Stewart, 1981), others have observed that it functions as a way of encouraging membership of the Convention by States who would otherwise not accede to it (UNODC, 2012).
Where a reservation is entered, the party is treated as being a non-party State by other States Parties with regard to trade in the species subject to the reservation (UNODC, 2012). Given the rules imposed on trade with non-parties (requiring comparable documentation) the effect of reservations is, in some respects, minimal. Nonetheless, prior experience shows that reservations can encourage illegal trade between the reserving party and other parties (see further, Bowman et al, 2010).
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