Pub Date : 2022-01-02DOI: 10.1080/13880292.2022.2077365
Cebuan Bliss
The “animal turn,” prompting us to question the hegemonic understanding of animals as mere resources, is gaining increasing attention in legal academic literature.1 Animals in International Law is, therefore, a helpful guide for this period, providing a comprehensive picture of the ways in which animals are affected by domestic and international law. The book provides detail and clarity about the way animals are classified in the eyes of the law and in academic literature, such as the distinction between domestic and wild animals. It also reviews the treatment of animals by different institutions and in different contexts, such as in the European Union. The book explains the significance of international law for animals, detailing its impact on regional, national and local policy. We are beginning to experience a paradigm shift in legal scholarship due to growing work on concepts such as Earth system law, which acknowledges that law has tended to privilege humans to the detriment of other natural entities, widening the definition of legal subjects deserving of rights to include non-humans.2 However, Earth system law and related movements focus on systems, rather than individuals, which means that the interests of the individuals within these systems are subsumed in the pursuit of a utilitarian greater good. Professor Anne Peters draws on her historically grounded previous work, including on international human rights law, to make the case in Animals in International Law for the importance of individual non-human rights.3 Chapter I notes that there is no international treaty that grants rights to animals in a broad sense, or that accords them universal standards of welfare.4 The book also addresses the sparse legal provisions in international law on wild animal welfare specifically, adding to the growing body of scholarly literature focusing on this question.5 Furthermore, in Chapter I, Animals in International Law puts forward the assertion that where international law leads, it sets a precedent that others follow. Peters argues that the international codification of fundamental rights for animals would convey both practical and symbolic benefits (24). Further elucidated are the reasons why current legal systems are not wholly adequate for the enactment of animal rights because these systems are designed for purposes to further human interests, which directly conflict with these goals. Current legal systems, she explains, are not zoo-centric. For example, the private and corporate rights model and rights of nature (469) protect the interests of humans, their assets, and ecosystems as a whole, but not
{"title":"Anne Peters, Animals in International Law","authors":"Cebuan Bliss","doi":"10.1080/13880292.2022.2077365","DOIUrl":"https://doi.org/10.1080/13880292.2022.2077365","url":null,"abstract":"The “animal turn,” prompting us to question the hegemonic understanding of animals as mere resources, is gaining increasing attention in legal academic literature.1 Animals in International Law is, therefore, a helpful guide for this period, providing a comprehensive picture of the ways in which animals are affected by domestic and international law. The book provides detail and clarity about the way animals are classified in the eyes of the law and in academic literature, such as the distinction between domestic and wild animals. It also reviews the treatment of animals by different institutions and in different contexts, such as in the European Union. The book explains the significance of international law for animals, detailing its impact on regional, national and local policy. We are beginning to experience a paradigm shift in legal scholarship due to growing work on concepts such as Earth system law, which acknowledges that law has tended to privilege humans to the detriment of other natural entities, widening the definition of legal subjects deserving of rights to include non-humans.2 However, Earth system law and related movements focus on systems, rather than individuals, which means that the interests of the individuals within these systems are subsumed in the pursuit of a utilitarian greater good. Professor Anne Peters draws on her historically grounded previous work, including on international human rights law, to make the case in Animals in International Law for the importance of individual non-human rights.3 Chapter I notes that there is no international treaty that grants rights to animals in a broad sense, or that accords them universal standards of welfare.4 The book also addresses the sparse legal provisions in international law on wild animal welfare specifically, adding to the growing body of scholarly literature focusing on this question.5 Furthermore, in Chapter I, Animals in International Law puts forward the assertion that where international law leads, it sets a precedent that others follow. Peters argues that the international codification of fundamental rights for animals would convey both practical and symbolic benefits (24). Further elucidated are the reasons why current legal systems are not wholly adequate for the enactment of animal rights because these systems are designed for purposes to further human interests, which directly conflict with these goals. Current legal systems, she explains, are not zoo-centric. For example, the private and corporate rights model and rights of nature (469) protect the interests of humans, their assets, and ecosystems as a whole, but not","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84208663","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-02DOI: 10.1080/13880292.2021.2059239
G. Mogomotsi, P. K. Mogomotsi
Abstract This article discusses the controversial issue of the militarisation of conservation in the African context. It situates the use of military tactics in wildlife conservation within sovereignty debates in public international law. Further, this article argues that in the purview of the principle of permanent sovereignty over natural resources, nation-states are entitled to invoke sovereign rights to target and kill armed poachers operating in African national parks. It is argued in this article that nation states are entitled to invoke targeted killings during anti-poaching operations under international humanitarian law. Furthermore, this article submits that the law of armed combat may be invoked in non-international hostilities including in anti-poaching operations. This article characterises suspected poachers as combatants engaging in hostilities in the domestic context. In the absence of the developed jurisprudence of international tribunals, the case law of the Israeli Supreme Court on targeted killings is briefly discussed and is contextualised for anti-poaching operations. The article concludes that targeted killings are a legitimate tool in enforcing anti-poaching laws and preventing the extinction of wildlife populations in the African continent and elsewhere in the world.
{"title":"Law of Armed Conflict in Non-International Hostilities: The Militarisation of Wildlife Conservation in Africa","authors":"G. Mogomotsi, P. K. Mogomotsi","doi":"10.1080/13880292.2021.2059239","DOIUrl":"https://doi.org/10.1080/13880292.2021.2059239","url":null,"abstract":"Abstract This article discusses the controversial issue of the militarisation of conservation in the African context. It situates the use of military tactics in wildlife conservation within sovereignty debates in public international law. Further, this article argues that in the purview of the principle of permanent sovereignty over natural resources, nation-states are entitled to invoke sovereign rights to target and kill armed poachers operating in African national parks. It is argued in this article that nation states are entitled to invoke targeted killings during anti-poaching operations under international humanitarian law. Furthermore, this article submits that the law of armed combat may be invoked in non-international hostilities including in anti-poaching operations. This article characterises suspected poachers as combatants engaging in hostilities in the domestic context. In the absence of the developed jurisprudence of international tribunals, the case law of the Israeli Supreme Court on targeted killings is briefly discussed and is contextualised for anti-poaching operations. The article concludes that targeted killings are a legitimate tool in enforcing anti-poaching laws and preventing the extinction of wildlife populations in the African continent and elsewhere in the world.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75137941","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-02DOI: 10.1080/13880292.2021.2019381
Saba Kassa, C. Baez-Camargo, Jacopo Costa, Robert Lugolobi
Abstract The article analyses drivers and determinants of illicit wildlife trade (IWT), targeting those factors that support the participation of individuals in poaching and transportation of wildlife goods. These factors are often explained in economic and institutional terms. Recently, scholars have started to recognise the importance of socio-cultural and behavioural drivers in influencing the individual propensity to engage in wildlife trafficking. The goal is clarifying how behavioural drivers may spur individuals to engage in these phenomena. The research provides further understanding on why wildlife trafficking happens by focusing on the role of the socio-economic context, the broader governance environment, and behavioural drivers associated with sociality and stereotypes in spurring participation in IWT. The research is based on fieldwork in Uganda, specifically on 47 interviews with Ugandan-based and international anti-IWT experts and eight focus group discussions with wildlife conservation and anti-corruption experts in Kampala, members of reformed poachers’ networks in Western Uganda, and individuals living around a wildlife habitat in northern Uganda. The findings highlight that illicit wildlife trade is spurred by the wish for financial resources (economic factors) and weak governance (quality of governance), and it is justified by mental models, that is, the behavioural drivers such as socio-contextual and normative mechanisms. The research shows the importance of reflecting on the role that behavioural drivers, including sociality and shared understandings of IWT, play in influencing the propensity of individuals to engage in poaching and the early stages of wildlife trafficking.
{"title":"Determinants and Drivers of Wildlife Trafficking: A Qualitative Analysis in Uganda","authors":"Saba Kassa, C. Baez-Camargo, Jacopo Costa, Robert Lugolobi","doi":"10.1080/13880292.2021.2019381","DOIUrl":"https://doi.org/10.1080/13880292.2021.2019381","url":null,"abstract":"Abstract The article analyses drivers and determinants of illicit wildlife trade (IWT), targeting those factors that support the participation of individuals in poaching and transportation of wildlife goods. These factors are often explained in economic and institutional terms. Recently, scholars have started to recognise the importance of socio-cultural and behavioural drivers in influencing the individual propensity to engage in wildlife trafficking. The goal is clarifying how behavioural drivers may spur individuals to engage in these phenomena. The research provides further understanding on why wildlife trafficking happens by focusing on the role of the socio-economic context, the broader governance environment, and behavioural drivers associated with sociality and stereotypes in spurring participation in IWT. The research is based on fieldwork in Uganda, specifically on 47 interviews with Ugandan-based and international anti-IWT experts and eight focus group discussions with wildlife conservation and anti-corruption experts in Kampala, members of reformed poachers’ networks in Western Uganda, and individuals living around a wildlife habitat in northern Uganda. The findings highlight that illicit wildlife trade is spurred by the wish for financial resources (economic factors) and weak governance (quality of governance), and it is justified by mental models, that is, the behavioural drivers such as socio-contextual and normative mechanisms. The research shows the importance of reflecting on the role that behavioural drivers, including sociality and shared understandings of IWT, play in influencing the propensity of individuals to engage in poaching and the early stages of wildlife trafficking.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83028750","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-02DOI: 10.1080/13880292.2021.2006422
Nathanial Gronewold
Abstract Southeastern Texas/northern Alberta and northeastern Japan are homes to populations of two extremely similar species of cranes with similar conservation histories. The whooping crane of North America, specifically the Aransas–Wood Buffalo (AWB) migratory flock, and the red-crowned crane of Hokkaido were both pushed to the brink of extinction with surviving populations numbering 21 and 33 individuals, respectively, in 1952. Both species have been subjects of focused rehabilitation efforts led by national governments. While both governments relied on a variety of conservation methods throughout their programs’ histories, the U.S. Fish & Wildlife Service (FWS) focuses mainly on habitat management, while in Japan the Ministry of the Environment (MoE) and its predecessors lean most heavily on a direct population management strategy via a long-standing winter artificial feeding program. The recovery histories of these two similar species provide a unique opportunity for comparing and contrasting the relative efficacy of two primary endangered species management approaches: habitat management versus direct population management through artificial feeding. An initial review of these two case studies reveals indications that artificial feeding in periods of lean food availability resulted in much faster overall population recovery in Japan, with the red-crowned crane population expanding at a rate approximately 11% to 26% faster than the AWB whooping crane population over a 68-year period reviewed in this study. Today Japan’s red-crowned crane population is more than triple the size of North America’s AWB whooping crane population: 1,900 red-crowned cranes by 2020 according to the Red-Crowned Crane Conservancy (RCCC), versus 506 AWB whooping cranes as of 2019 per FWS. These results suggest Japanese conservationists may have uncovered a method for ensuring faster population recovery in an endangered species: sustained long-term artificial feeding during times of least forage availability. Further lessons can be drawn from how these two species respond to changes currently underway in both programs. Much remains unknown. Additional research is necessary to eliminate other variables that could explain these population growth outcomes. But an early post-policy implementation assessment points to the artificial feeding campaign in Japan as the reason for the differences in historical population recovery.
{"title":"Comparative Conservation Strategy Efficacy for Grus japonensis and Grus americana: A Post-Policy Implementation Assessment","authors":"Nathanial Gronewold","doi":"10.1080/13880292.2021.2006422","DOIUrl":"https://doi.org/10.1080/13880292.2021.2006422","url":null,"abstract":"Abstract Southeastern Texas/northern Alberta and northeastern Japan are homes to populations of two extremely similar species of cranes with similar conservation histories. The whooping crane of North America, specifically the Aransas–Wood Buffalo (AWB) migratory flock, and the red-crowned crane of Hokkaido were both pushed to the brink of extinction with surviving populations numbering 21 and 33 individuals, respectively, in 1952. Both species have been subjects of focused rehabilitation efforts led by national governments. While both governments relied on a variety of conservation methods throughout their programs’ histories, the U.S. Fish & Wildlife Service (FWS) focuses mainly on habitat management, while in Japan the Ministry of the Environment (MoE) and its predecessors lean most heavily on a direct population management strategy via a long-standing winter artificial feeding program. The recovery histories of these two similar species provide a unique opportunity for comparing and contrasting the relative efficacy of two primary endangered species management approaches: habitat management versus direct population management through artificial feeding. An initial review of these two case studies reveals indications that artificial feeding in periods of lean food availability resulted in much faster overall population recovery in Japan, with the red-crowned crane population expanding at a rate approximately 11% to 26% faster than the AWB whooping crane population over a 68-year period reviewed in this study. Today Japan’s red-crowned crane population is more than triple the size of North America’s AWB whooping crane population: 1,900 red-crowned cranes by 2020 according to the Red-Crowned Crane Conservancy (RCCC), versus 506 AWB whooping cranes as of 2019 per FWS. These results suggest Japanese conservationists may have uncovered a method for ensuring faster population recovery in an endangered species: sustained long-term artificial feeding during times of least forage availability. Further lessons can be drawn from how these two species respond to changes currently underway in both programs. Much remains unknown. Additional research is necessary to eliminate other variables that could explain these population growth outcomes. But an early post-policy implementation assessment points to the artificial feeding campaign in Japan as the reason for the differences in historical population recovery.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88799602","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-02DOI: 10.1080/13880292.2021.2019379
Israel R. Blackie
Abstract Ex gratia compensation is paid only to families of human–wildlife conflict (HWC) victims who are killed by wildlife, not to victims who are injured by wild animals, regardless of the severity of the injury, even if it results in permanent disability. This study was conducted to assess the relevance and effectiveness of ex gratia payments to victims of wild animal attacks. Participants included traditional leadership (chiefs), government officials, wildlife nongovernmental organizations (NGOs), and victims and their caretakers. Local people exposed to life-threatening wildlife attacks express fear and animosity towards wild animals, and they also feel left out from and disappointed by a fragmented government service delivery system. In particular, delays in processing ex gratia compensation payment militate against the effectiveness of the ex gratia compensation scheme. Accordingly, the payment of ex gratia process should be re-engineered to improve its effectiveness so that it serves its novel objectives. This study recommends establishment of an Ex Gratia Scheme or Ex Gratia Tribunal where all HWC injuries or death incidents can be effectively dealt with. Most importantly, compensation should consider health care and rehabilitation, loss of reasonable income, and associated disability care as a result of being attacked by the wild animals.
{"title":"Ex Gratia Payments for Loss of Human Life Due to Wild Animal Attacks in Botswana: Implications for Practice and Policies","authors":"Israel R. Blackie","doi":"10.1080/13880292.2021.2019379","DOIUrl":"https://doi.org/10.1080/13880292.2021.2019379","url":null,"abstract":"Abstract Ex gratia compensation is paid only to families of human–wildlife conflict (HWC) victims who are killed by wildlife, not to victims who are injured by wild animals, regardless of the severity of the injury, even if it results in permanent disability. This study was conducted to assess the relevance and effectiveness of ex gratia payments to victims of wild animal attacks. Participants included traditional leadership (chiefs), government officials, wildlife nongovernmental organizations (NGOs), and victims and their caretakers. Local people exposed to life-threatening wildlife attacks express fear and animosity towards wild animals, and they also feel left out from and disappointed by a fragmented government service delivery system. In particular, delays in processing ex gratia compensation payment militate against the effectiveness of the ex gratia compensation scheme. Accordingly, the payment of ex gratia process should be re-engineered to improve its effectiveness so that it serves its novel objectives. This study recommends establishment of an Ex Gratia Scheme or Ex Gratia Tribunal where all HWC injuries or death incidents can be effectively dealt with. Most importantly, compensation should consider health care and rehabilitation, loss of reasonable income, and associated disability care as a result of being attacked by the wild animals.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77525201","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-02DOI: 10.1080/13880292.2021.2019378
Richard Caddell
{"title":"From the Desk of the Editor-in-Chief","authors":"Richard Caddell","doi":"10.1080/13880292.2021.2019378","DOIUrl":"https://doi.org/10.1080/13880292.2021.2019378","url":null,"abstract":"","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84988734","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-02DOI: 10.1080/13880292.2022.2043410
R. Chandran, S. Alagesan, W. D. de Vries
Abstract This study explores the evolution of the compliance mechanism of the CITES Convention and draws a historic timeline describing how various political and economic factors changed the course of decision making on wildlife enforcement information sharing. Focusing more on the deliberations at the United Nations and in particular at the CITES Conference of Parties (CoP) and standing committee meetings, the authors excavate various paradigm shifts within CITES enforcement and compliance decisions, extending from the origin of the convention to the recent developments at CITES CoP 18. Here, the authors do not seek to evaluate the whole history of the CITES Convention itself. Rather, they investigate a specific aspect, namely, enforcement matters and the role of stakeholders and events that influenced the CITES decision-making process on enforcement information sharing and development of enforcement information systems. The main objective of this article is to address a key question: What were the reasons for the failure of enforcement information sharing in CITES? This study is particularly relavent during the time of the COVID-19 pandemic, where there is little evidence to show the link between illegal wildlife crime and COVID-19.
{"title":"CITES enforcement information sharing—if you don’t know where you’ve come from … you don’t know where you’re going","authors":"R. Chandran, S. Alagesan, W. D. de Vries","doi":"10.1080/13880292.2022.2043410","DOIUrl":"https://doi.org/10.1080/13880292.2022.2043410","url":null,"abstract":"Abstract This study explores the evolution of the compliance mechanism of the CITES Convention and draws a historic timeline describing how various political and economic factors changed the course of decision making on wildlife enforcement information sharing. Focusing more on the deliberations at the United Nations and in particular at the CITES Conference of Parties (CoP) and standing committee meetings, the authors excavate various paradigm shifts within CITES enforcement and compliance decisions, extending from the origin of the convention to the recent developments at CITES CoP 18. Here, the authors do not seek to evaluate the whole history of the CITES Convention itself. Rather, they investigate a specific aspect, namely, enforcement matters and the role of stakeholders and events that influenced the CITES decision-making process on enforcement information sharing and development of enforcement information systems. The main objective of this article is to address a key question: What were the reasons for the failure of enforcement information sharing in CITES? This study is particularly relavent during the time of the COVID-19 pandemic, where there is little evidence to show the link between illegal wildlife crime and COVID-19.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73731117","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-02DOI: 10.1080/13880292.2021.2019380
Samantha de Vries
Abstract This article presents and analyzes the mechanisms for cooperation used by wildlife officials in criminal wildlife matters in Canada, through qualitative in-depth interviews with ten Canadian experts. Canada has been used as a transit country for the illicit wildlife trade (IWT) and there is a domestic, regional, and international market for “product” derived from Canadian species. The majority of larger scale criminal cases have involved interagency or bilateral cooperation between criminal justice officials, particularly with the United States. An analysis of these cooperative efforts has been needed. This article’s findings suggest that: (1) wildlife enforcement in Canada relies on cooperation due to scarce resources and lack of priority given to wildlife crimes; (2) interagency training aids forensic capabilities; (3) more prosecutorial dedication to wildlife crimes in Canada, larger budgets, and supported initiatives for enforcement and forensics may result in the detection and prosecution of more crimes; and (4) cooperation should be actively supported because it appears to be the backbone of criminal wildlife investigations in the country, which have exposed different levels of criminal sophistication and involvement in the IWT. The findings help identify Canadian enforcement obstacles and best practices that highlight the need for increased political will and public support for wildlife enforcement and wildlife forensics in combating and identifying wildlife crime.
{"title":"The Necessity of Cooperation in Criminal Wildlife Matters: A Case Study of The Challenges Faced and Cooperative Mechanisms Available to Canadian Wildlife Officials","authors":"Samantha de Vries","doi":"10.1080/13880292.2021.2019380","DOIUrl":"https://doi.org/10.1080/13880292.2021.2019380","url":null,"abstract":"Abstract This article presents and analyzes the mechanisms for cooperation used by wildlife officials in criminal wildlife matters in Canada, through qualitative in-depth interviews with ten Canadian experts. Canada has been used as a transit country for the illicit wildlife trade (IWT) and there is a domestic, regional, and international market for “product” derived from Canadian species. The majority of larger scale criminal cases have involved interagency or bilateral cooperation between criminal justice officials, particularly with the United States. An analysis of these cooperative efforts has been needed. This article’s findings suggest that: (1) wildlife enforcement in Canada relies on cooperation due to scarce resources and lack of priority given to wildlife crimes; (2) interagency training aids forensic capabilities; (3) more prosecutorial dedication to wildlife crimes in Canada, larger budgets, and supported initiatives for enforcement and forensics may result in the detection and prosecution of more crimes; and (4) cooperation should be actively supported because it appears to be the backbone of criminal wildlife investigations in the country, which have exposed different levels of criminal sophistication and involvement in the IWT. The findings help identify Canadian enforcement obstacles and best practices that highlight the need for increased political will and public support for wildlife enforcement and wildlife forensics in combating and identifying wildlife crime.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75885064","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-02DOI: 10.1080/13880292.2021.2006426
H. Luong
Abstract The Wildlife and Forest Analytic Toolkit, introduced by the International Consortium on Combating Wildlife Crime (ICCWC), is designed to increase the effectiveness of measures combating wildlife and forest crimes (WAFCs). Greater Mekong Subregion (GMS) countries have applied this toolkit as one of their priority actions after recognizing concerns about the biodiversity system and conservational zone through several illegal wildlife trade (IWT) activities. Although the toolkit has realized its fundamental objectives to readjust legal frameworks, enhance enforcement involvement, and improve their judicial and prosecutorial operations, the last components of data and analysis have not yet been implemented. This leads to slow updates of both trends and patterns concerning WAFCs that raise questions about the real levels of exploitation in the region. Using gray literature with published materials, combined with the IWT’s database in the CITES system, this study examines why the data and analysis component of the Toolkit created obstacles in the GMS countries. Findings point to there being at least four main challenges to implementing data and analysis as the toolkit has recommended in the region: (1) availability and reliability of data; (2) data collection; (3) data resources (internal vs. external level); and (4) analytic research and its related monitors. Some practical recommendations call for further discussions. Meanwhile, updated information and specific data relating to zoonotic disease transmission are timely, considering the coronavirus pandemic.
{"title":"Fumbling Out the Effective Pathways to Apply the Wildlife and Forest Analytic Toolkit in the Mekong Region: Looking at Data and Analysis Perspectives","authors":"H. Luong","doi":"10.1080/13880292.2021.2006426","DOIUrl":"https://doi.org/10.1080/13880292.2021.2006426","url":null,"abstract":"Abstract The Wildlife and Forest Analytic Toolkit, introduced by the International Consortium on Combating Wildlife Crime (ICCWC), is designed to increase the effectiveness of measures combating wildlife and forest crimes (WAFCs). Greater Mekong Subregion (GMS) countries have applied this toolkit as one of their priority actions after recognizing concerns about the biodiversity system and conservational zone through several illegal wildlife trade (IWT) activities. Although the toolkit has realized its fundamental objectives to readjust legal frameworks, enhance enforcement involvement, and improve their judicial and prosecutorial operations, the last components of data and analysis have not yet been implemented. This leads to slow updates of both trends and patterns concerning WAFCs that raise questions about the real levels of exploitation in the region. Using gray literature with published materials, combined with the IWT’s database in the CITES system, this study examines why the data and analysis component of the Toolkit created obstacles in the GMS countries. Findings point to there being at least four main challenges to implementing data and analysis as the toolkit has recommended in the region: (1) availability and reliability of data; (2) data collection; (3) data resources (internal vs. external level); and (4) analytic research and its related monitors. Some practical recommendations call for further discussions. Meanwhile, updated information and specific data relating to zoonotic disease transmission are timely, considering the coronavirus pandemic.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85398442","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-02DOI: 10.1080/13880292.2021.2006418
A. Anisimov, E. Zębek, O. Popova
Abstract The authors explore the ecological value of wetlands, the notion that laid the foundation of the Ramsar Convention and boosted the development of national legislation for the protection of these ecosystems in many countries. The authors analyzed the main instruments of wetland protection, set out in the Ramsar Convention, and investigated the effect of the Convention on the development of legislation in Poland and Russia. The authors showed that wetlands can be located both within the boundaries of specially protected natural zones and beyond them, which complicates their legal protection. The development and introduction of a new legal concept of semiprotected areas can be a solution to this problem. Semiprotected areas have a less stringent regime compared to nature reserves or national parks. At the same time, they effectively limit economic and other types of activities posing a threat to wetlands. This design of legal protection provides new opportunities for the rational use of wetland resources.
{"title":"Wetlands in Poland and Russia: The Legal Framework for Their Protection and Use","authors":"A. Anisimov, E. Zębek, O. Popova","doi":"10.1080/13880292.2021.2006418","DOIUrl":"https://doi.org/10.1080/13880292.2021.2006418","url":null,"abstract":"Abstract The authors explore the ecological value of wetlands, the notion that laid the foundation of the Ramsar Convention and boosted the development of national legislation for the protection of these ecosystems in many countries. The authors analyzed the main instruments of wetland protection, set out in the Ramsar Convention, and investigated the effect of the Convention on the development of legislation in Poland and Russia. The authors showed that wetlands can be located both within the boundaries of specially protected natural zones and beyond them, which complicates their legal protection. The development and introduction of a new legal concept of semiprotected areas can be a solution to this problem. Semiprotected areas have a less stringent regime compared to nature reserves or national parks. At the same time, they effectively limit economic and other types of activities posing a threat to wetlands. This design of legal protection provides new opportunities for the rational use of wetland resources.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80314800","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}