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Corruption Gone Wild: Transnational Criminal Law and the International Trade in Endangered Species

  • Radha Ivory (a1)
Extract

The goal of this essay is to sketch how, and with what effect, the problems of corruption and endangered animal trafficking have been linked in international law. To that end, I first compare and contrast the “hard law” legal frameworks on corruption and on animal trafficking. After that, I illustrate how those two regimes have been related in international reports, “soft” (nonbinding) international instruments, and UN Security Council resolutions. Finally, I caution against an automatic merger of these areas of law and agendas for global law reform. Like other transnational criminal laws, the anticorruption treaties have practical limitations, ideological biases, and potentials for unintended consequences. These features qualify their utility as “tools” in the fight for animal welfare. They may also mask the ways in which efforts to prevent and suppress wildlife trafficking are both anthropocentric and sources of human insecurity.

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.
References
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2 See generally Michael Bowman et al., Lyster's International Wildlife Law 14, ch. 15 (2010).

3 CITES, supra note 1, art. VIII(1).

5 See generally Ivory, supra note 4, ch. 4.

6 See, Neil Boister,  Transnational Criminal Law”?, 14 Eur. J. Int'l L. 953 (2003).

7 Tanya Wyatt & Anh Ngoc Cao, Corruption and Wildlife Trafficking, U4 Issue 7–11 (No. 11, May 2015); see, e.g., UN Office on Drugs and Crime, World Wildlife Crime Report: Trafficking in Protected Species (2016); World Wildlife Fund & TRAFFIC Wildlife Crime Initiative, Strategies for Fighting Corruption in Wildlife Conservation: A Primer (Nov. 30, 2015).

8 For an example from the illegal timber trade, albeit not with reference to the CITES, see Global Witness, Cambodia's Family Trees: Illegal Logging and the Stripping of Public Assets by Cambodia's Elite 10–11 (May 31, 2007).

9 International Cooperation in Preventing and Combating Illicit International Trafficking in Forest Products, including Timber, Wildlife and other Forest Biological Resources, UN Commission on Crime Prevention and Criminal Justice, Res. 16/1, UN Doc. E/2007/30/Rev.1 & E/CN.15/2007/17/Rev.1 (Apr. 23–27, 2007).

10 The International Consortium on Combating Wildlife Crime, Convention on International Trade in Endangered Species of Wild Fauna and Flora.

12 Tackling Illicit Trafficking in Wildlife, GA Res. 69/314, at 9–11 (July 30, 2015).

13 Crime Prevention and Criminal Justice Responses to Illicit Trafficking in Protected Species of Wild Fauna and Flora, Economic and Social Council Res. 2013/40, UN Doc. E/RES/2013/40 (July 25, 2013).

14 Report of the United Nations Environment Assembly of the United Nations Environment Programme 2(g) UN Doc. UNEP/EA.1/Res. 3 (June 23–27, 2014). See also Illegal Trade in Wildlife and Wildlife Products, U.N. Environment Assembly of the U.N. Environment Programme 1(b), UN Doc. UNEP/EA.2/Res.14 (May 23–27, 2016).

18 See, e.g., the Preambles of SC Res. 2339 (Jan. 27, 2017) (on CAR); SC Res. 2293 (June 23, 2016) (on DRC).

19 See, e.g., SC Res. 2339, at 17(e) (Jan. 27, 2017); SC Res. 2293, at 7(g) (June 23, 2016).

20 SC Res. 2339, at 1(f) (Jan. 27, 2017).

21 SC Res. 2293, preamble (June 23, 2016).

22 See, e.g., SC Res. 2343, preamble, 8 (Feb. 23, 2017) (on Guinea-Bissau); SC Res. 2317, preamble, 17, 21 (Nov. 10, 2016); SC Res. 2125, esp. preamble (Nov. 18, 2013) (on Somalia).

23 See Radha Ivory, Asset Recovery in Four Dimensions: Returning Wealth to Victim Countries as a Challenge for Global Governance, in Chasing Criminal Money: Challenges and Perspectives on Asset Recovery in the EU 176 (Katalin Ligeti & Michele Simonato eds., 2017).

25 Barbara Vettori, Evaluating Anti-Money Laundering Policies: Where Are We?, in Research Handbook on Money Laundering 474 (Brigitte Unger & Daan van der Linde eds., 2013). See also Terrence C. Halliday et al., Global Surveillance of Dirty Money: Assessing Assessments of Regimes to Control Money Laundering and Combat the Financing of Terrorism 5 (Ctr. Law & Globalization, Jan. 30, 2014).

26 Fritz Heimann et al., Exporting Corruption: Progress Report 2015 at 12–13 Transparency International (2015); Larissa Gray et al., Few and Far: The Hard Facts on Stolen Asset Recovery (Stolen Asset Recovery Series, 2014).

27 Neil Boister, Human Rights Protections in the Suppression Conventions, 2 Hum. Rts. L. Rev. 199 (2002); Sabine Gless, Bird's-Eye View and Worm's Eye View: Towards a Defendant-Based Approach in Transnational Criminal Law, 6 Transnat'l Legal Theory 117 (2015).

28 Ivory, supra note 4, chs. 5 & 6.

29 See, e.g., Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council v. Kenya, Communication 276/2003, African Commission on Human and Peoples’ Rights [Afr. Comm'n H.P.R.] (Feb. 4, 2010); The Case of the Kaliña and Lokono Peoples v. Suriname, Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R. (ser. C) No. 309 (Nov. 25, 2015). See also African Commission of Human and Peoples’ Rights v. Kenya, No. 006/2012, Judgment, African Court on Human and People's Rights (May 26, 2017).

30 Kaliña and Lokono Peoples v. Suriname, supra note 29, at 173, 181.

31 Id. at 174–80.

32 See, e.g., Rachelle Adam, Elephant Treaties: The Colonial Legacy of The Biodiversity Crisis (2014); Peter Andreas & Ethan Nadelmann, Policing the Globe (2006).

33 Stephen F. Pires & William D. Moreto, The Illegal Wildlife Trade, Oxford Handbooks Online (2016).

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