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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 In our opinion, CITES cannot be considered outdated but to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.