{"title":"解读AEWA与《波恩公约》各自对禁止征用豁免的复杂关系","authors":"M. Lewis","doi":"10.1080/13880292.2019.1672945","DOIUrl":null,"url":null,"abstract":"Abstract This article explores several interpretive complexities associated with Article III(2)(a) of the Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA). Article III(2)(a) attempts to avoid incongruity between AEWA and the Convention on the Conservation of Migratory Species of Wild Animals (CMS)—specifically, in relation to the Convention’s prohibition on the taking of animals from certain species. However, an apparent misalignment between this provision and other aspects of AEWA’s legal text results in various legal uncertainties regarding the grounds of exemption that AEWA parties may invoke to allow the taking of certain protected species, as well as the potential for further developing AEWA’s exemptions regime in the future. The article investigates the interplay between relevant provisions of AEWA and the CMS, makes suggestions regarding the possible interpretations of these provisions, and identifies the practical implications of these interpretations.","PeriodicalId":52446,"journal":{"name":"Journal of International Wildlife Law and Policy","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Deciphering the Complex Relationship between AEWA's and the Bonn Convention’s Respective Exemptions to the Prohibition of Taking\",\"authors\":\"M. Lewis\",\"doi\":\"10.1080/13880292.2019.1672945\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract This article explores several interpretive complexities associated with Article III(2)(a) of the Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA). Article III(2)(a) attempts to avoid incongruity between AEWA and the Convention on the Conservation of Migratory Species of Wild Animals (CMS)—specifically, in relation to the Convention’s prohibition on the taking of animals from certain species. However, an apparent misalignment between this provision and other aspects of AEWA’s legal text results in various legal uncertainties regarding the grounds of exemption that AEWA parties may invoke to allow the taking of certain protected species, as well as the potential for further developing AEWA’s exemptions regime in the future. The article investigates the interplay between relevant provisions of AEWA and the CMS, makes suggestions regarding the possible interpretations of these provisions, and identifies the practical implications of these interpretations.\",\"PeriodicalId\":52446,\"journal\":{\"name\":\"Journal of International Wildlife Law and Policy\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2019-07-03\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of International Wildlife Law and Policy\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/13880292.2019.1672945\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of International Wildlife Law and Policy","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/13880292.2019.1672945","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
Deciphering the Complex Relationship between AEWA's and the Bonn Convention’s Respective Exemptions to the Prohibition of Taking
Abstract This article explores several interpretive complexities associated with Article III(2)(a) of the Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA). Article III(2)(a) attempts to avoid incongruity between AEWA and the Convention on the Conservation of Migratory Species of Wild Animals (CMS)—specifically, in relation to the Convention’s prohibition on the taking of animals from certain species. However, an apparent misalignment between this provision and other aspects of AEWA’s legal text results in various legal uncertainties regarding the grounds of exemption that AEWA parties may invoke to allow the taking of certain protected species, as well as the potential for further developing AEWA’s exemptions regime in the future. The article investigates the interplay between relevant provisions of AEWA and the CMS, makes suggestions regarding the possible interpretations of these provisions, and identifies the practical implications of these interpretations.
期刊介绍:
Drawing upon the findings from island biogeography studies, Norman Myers estimates that we are losing between 50-200 species per day, a rate 120,000 times greater than the background rate during prehistoric times. Worse still, the rate is accelerating rapidly. By the year 2000, we may have lost over one million species, counting back from three centuries ago when this trend began. By the middle of the next century, as many as one half of all species may face extinction. Moreover, our rapid destruction of critical ecosystems, such as tropical coral reefs, wetlands, estuaries, and rainforests may seriously impair species" regeneration, a process that has taken several million years after mass extinctions in the past.