Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) – Conservation Efforts Undermine the Legality Principle

Abstract

CITES is acknowledged as one of the most successful international environmental treaties in the world. CITES is not just a conservation treaty, it is also a trade instrument that attempts to strike a balance between these often competing values.

The purpose of CITES, as stated in the first paragraph of its preamble, is to protect wild fauna and flora for current and future generations. Wild fauna and flora are described as an irreplaceable part of the natural systems of the earth and as being valuable from aesthetic, scientific, cultural, recreational and economic points of view. CITES establishes international co-operation for the protection of certain species from overexploitation through international trade. The purpose of adopting the Convention was not only to avoid aggravation of an ecological problem, but also to prevent a penalization of countries, in particular the US, with stricter ecological legislation.

The author is grateful to Angela Dunker, Philipp Dann, Rüdiger Wolfrum, Armin von Bogdandy, Geranne Lautenbach, Matthias Goldmann and fellow project participants for valuable and constructive comments and to Lewis Enim and Eva Richter for language check and editing.