surprise that the first global conference on the environment, the UN Conference on
the Human Environment (UNCHE), held in Stockholm in 1972 started to address
marine mammal issues. Particularly the call for a moratorium on commercial
whaling was uttered at the conference and logged as an official recommendation
emerging from that meeting. While it was still to take 10 years until this call would
become reality, the overall no-use discourse on marine mammals was in full swing.
Inevitably, this would also affect the negotiations at the UN law of the sea conference, which started in 1973. “All animals are equal, but some animals are more equal
than others”
1 would also find its way into multilateral environmental agreements and
their relationship to marine mammals.
4.2.1 Trade in Wildlife
Apart from regulating hunts for species, their protection occurs also through the
control of international trade or the imposition of trade barriers. So far, several times
throughout this book the Convention on International Trade in Endangered Species
of Wild Fauna and Flora (CITES)
2 has been mentioned. CITES is a global regime
that was concluded over the assumption that the control of international trade of
species that are endangered would positively benefit their conservation status. After
all, this would mean that international trade in wildlife or wildlife products
constitutes a major threat to a specific species. Or to turn the argument around, if
international trade in a species were to be suspended, the conservation status of a
species would benefit, even in light of other threats. I will not delve into this matter
here, but suffice it to say that the efficacy of trade limitations is subject to debate.
3
Irrespective of this debate, it is clear that most countries are parties to CITES. The
decisions taken by this convention are binding upon the vast majority of states—183
in 2019. This is certainly also relevant for the international trade in marine mammals.
Let us briefly consider how CITES works. First of all, CITES does not regulate trade
in all wildlife, but only for specifically listed species. These species are listed in three
Appendices: Appendix I prohibits all trade; Appendix II limits trade; and Appendix
III requires international cooperation for trade in species. The parties to the convention meet every 2–3 years and debate further course of action, the listing of specific
species on one of the Appendices, the down—or uplisting of species. These are not
uncontroversial but accompanied by heated debate. While the convention is global in
nature, a high degree of sovereignty rests on its members, which fuels this debate.
This is best exemplified by the role science plays in the CITES working structure:
while in principle all decisions are to be based on scientific advice, this advice is to
come from national scientific bodies, thus leaving it to the respective national
1 Orwell (1945/1951), p. 90.
2 Convention on International Trade in Endangered Species of Wild Fauna and Flora, 3 Mar 1973
(993 UNTS 243).
3 See for instance Couzens (2013), pp. 126–130.
58
4 The Global Framework for the Environment and Marine Mammals
the Human Environment (UNCHE), held in Stockholm in 1972 started to address
marine mammal issues. Particularly the call for a moratorium on commercial
whaling was uttered at the conference and logged as an official recommendation
emerging from that meeting. While it was still to take 10 years until this call would
become reality, the overall no-use discourse on marine mammals was in full swing.
Inevitably, this would also affect the negotiations at the UN law of the sea conference, which started in 1973. “All animals are equal, but some animals are more equal
than others”
1 would also find its way into multilateral environmental agreements and
their relationship to marine mammals.
4.2.1 Trade in Wildlife
Apart from regulating hunts for species, their protection occurs also through the
control of international trade or the imposition of trade barriers. So far, several times
throughout this book the Convention on International Trade in Endangered Species
of Wild Fauna and Flora (CITES)
2 has been mentioned. CITES is a global regime
that was concluded over the assumption that the control of international trade of
species that are endangered would positively benefit their conservation status. After
all, this would mean that international trade in wildlife or wildlife products
constitutes a major threat to a specific species. Or to turn the argument around, if
international trade in a species were to be suspended, the conservation status of a
species would benefit, even in light of other threats. I will not delve into this matter
here, but suffice it to say that the efficacy of trade limitations is subject to debate.
3
Irrespective of this debate, it is clear that most countries are parties to CITES. The
decisions taken by this convention are binding upon the vast majority of states—183
in 2019. This is certainly also relevant for the international trade in marine mammals.
Let us briefly consider how CITES works. First of all, CITES does not regulate trade
in all wildlife, but only for specifically listed species. These species are listed in three
Appendices: Appendix I prohibits all trade; Appendix II limits trade; and Appendix
III requires international cooperation for trade in species. The parties to the convention meet every 2–3 years and debate further course of action, the listing of specific
species on one of the Appendices, the down—or uplisting of species. These are not
uncontroversial but accompanied by heated debate. While the convention is global in
nature, a high degree of sovereignty rests on its members, which fuels this debate.
This is best exemplified by the role science plays in the CITES working structure:
while in principle all decisions are to be based on scientific advice, this advice is to
come from national scientific bodies, thus leaving it to the respective national
1 Orwell (1945/1951), p. 90.
2 Convention on International Trade in Endangered Species of Wild Fauna and Flora, 3 Mar 1973
(993 UNTS 243).
3 See for instance Couzens (2013), pp. 126–130.
58
4 The Global Framework for the Environment and Marine Mammals