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154

KAROLINA ŽÁKOVSKÁ

CYIL 5 ȍ2014Ȏ

not be understood as the end of the struggle for more important inclusion of marine

species in CITES appendices, but rather as its beginning.

Conclusion

The

Convention on International Trade in Endangered Species of Wild Fauna and

Flora

has entered the fifth decade of its existence with applause for the outcome of the

last meeting of the Conference of the Parties; it should, however, not rest on its laurels.

The convention certainly has an important role to play in biodiversity conservation

in the future provided there is a sufficient political will on the side of its Parties

to take decisions motivated more by environmental considerations than short-term

economic gain. When considering amendments to CITES appendices, Parties must

act in accordance with the requirement embedded in the ‘amendments resolution’:

69

“by virtue of the precautionary approach and in case of uncertainty regarding the status of

a species or the impact of trade on the conservation of a species, the Parties shall act in the

best interest of the conservation of the species concerned and, when considering proposals

to amend Appendix I or II, adopt measures that are proportionate to the anticipated risks

to the species”

. The reserved attitude towards commercially valuable marine species

reveals nevertheless the selective application of this rule. Contrary to many other

environmental law agreements, CITES disposes of a compliance procedure that

functions rather well and that helps to effectively reduce the implementation deficit

of State Parties. It could serve as a model for other environmental law regimes; it must,

however, be applied in a fair and equitable way, regardless of the position of the State

concerned. Last, but not least, CITES must continue to strengthen cooperation and

linkages with other international forums competent in biodiversity conservation with

the objective to finally create an effective system of complementary rules protecting

the world’s wildlife. In our opinion, CITES cannot be considered outdated but to

be ‘at its best’,

70

as John E. Scanlon, CITES Secretary-General, calls it; more needs

to be done.

69

Resolution Conf. 9.24 (Rev. CoP16),

Criteria for amendment of Appendices I and II.

70

Cf. supra

note 64.