Transnational Legal Process in the Context of the International Trade in Endangered Wildlife: Explanations and Recommendations

international law;wildlife trafficking;illegal trade;crime;327

ClaireOConnell국제대학원 국제학과(국제협력전공) ;

University:서울대학교 대학원

关键词: international law;    wildlife trafficking;    illegal trade;    crime;    327;   

Others  :  http://s-space.snu.ac.kr/bitstream/10371/129187/1/000000002760.pdf

美国|英语

来源: Seoul National University Open Repository

【 摘 要 】

This paper analyses norm-internalisation in state compliance or noncompliance with The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) using the theoretical framework ofTransnational Legal Process as articulated by Harold Hongju Koh. The paper argues that internalisation of norms plays an important role in long-term statecompliance with CITES, and that Transnational Legal Process as both a theory and a blue print for action provides useful strategies for creating the conditionsthat can lead to norm internalisation and obedience (internalised compliance)with CITES. It argues that utilising a variety of norm generating fora toprovoke interactions and prompt interpretations of law is particularly relevant to CITES as a strategy derived from Transnational Legal Process. This is on account of the particular importance of non-state actors in the area of wildlife trafficking, both in terms of those involved in the trade itself and those who work to prevent and detect it, and the relatively weak enforcement provisions within CITES. Finally this paper presents case studies in order to illustrate how TLP can work in practice and how interactions in a variety of fora can be a particularly useful strategy in the prevention and detection of illicit international wildlife trade. Changes in perception of the illegal trade in bear bile products into South Korea is the first case study and the second concerns how the responses to the activity of the infamous wildlife smuggler Anson Wong demonstrate evidence of norm change through TLP in Malaysia. This paper finds that although norm internalisation is an important factor in whystates obey CITES or not, there are also other relevant factors depending on the particular country circumstances, which may require different kinds ofstrategies. Norm change generally occurs over an extended time period, as the case studies suggest, and protecting species from extinction can sometimesrequire decisive short term action such as trade bans. However, Transnational Legal Process can help organisations devise strategies focused on norm change,which can aim to impact in the long-term and be complimentary to other strategies employed.Key words: international law, wildlife trafficking, illegal trade, crime