International treaties and the global protection of birds: Part I

Journal of Environmental Law

Volumn 11, Issue 1, 1999, Pages 87-119

  Bowman, M J ^a  

^a UNIVERSITY OF NOTTINGHAM   (United Kingdom)

Author keywords

[No Author keywords available]

Indexed keywords

BIRD; ENVIRONMENTAL LEGISLATION; ENVIRONMENTAL PROTECTION; INTERNATIONAL AGREEMENT; LEGAL SYSTEM;

AVES;

EID: 0032868665     PISSN: 09528873     EISSN: None     Source Type: Journal    
DOI: 10.1093/jel/11.1.87     Document Type: Article

References (228)

1. For a sample of the vast literature on this topic, see A.W. Diamond et al, Save the Birds (rev edn, 1989); G. Mountfort and N. Arlott, Rare Birds of the World (1988); T. Halliday, Vanishing Birds: Their Natural History and Conservation (rev edn, 1980); N.J. Collar, M.J. Crosby and A.J. Stattersfield, Birds to Watch II: The World List of Threatened Birds (1994); B. Groombridge, 1994 IUCN Red List of Threatened Animals (1993); T. Inskipp and L. Collins, World Checklist of Threatened Birds (1993).
2. For a sample of the vast literature on this topic, see A.W. Diamond et al, Save the Birds (rev edn, 1989); G. Mountfort and N. Arlott, Rare Birds of the World (1988); T. Halliday, Vanishing Birds: Their Natural History and Conservation (rev edn, 1980); N.J. Collar, M.J. Crosby and A.J. Stattersfield, Birds to Watch II: The World List of Threatened Birds (1994); B. Groombridge, 1994 IUCN Red List of Threatened Animals (1993); T. Inskipp and L. Collins, World Checklist of Threatened Birds (1993).
3. For a sample of the vast literature on this topic, see A.W. Diamond et al, Save the Birds (rev edn, 1989); G. Mountfort and N. Arlott, Rare Birds of the World (1988); T. Halliday, Vanishing Birds: Their Natural History and Conservation (rev edn, 1980); N.J. Collar, M.J. Crosby and A.J. Stattersfield, Birds to Watch II: The World List of Threatened Birds (1994); B. Groombridge, 1994 IUCN Red List of Threatened Animals (1993); T. Inskipp and L. Collins, World Checklist of Threatened Birds (1993).
4. For a sample of the vast literature on this topic, see A.W. Diamond et al, Save the Birds (rev edn, 1989); G. Mountfort and N. Arlott, Rare Birds of the World (1988); T. Halliday, Vanishing Birds: Their Natural History and Conservation (rev edn, 1980); N.J. Collar, M.J. Crosby and A.J. Stattersfield, Birds to Watch II: The World List of Threatened Birds (1994); B. Groombridge, 1994 IUCN Red List of Threatened Animals (1993); T. Inskipp and L. Collins, World Checklist of Threatened Birds (1993).
5. For a sample of the vast literature on this topic, see A.W. Diamond et al, Save the Birds (rev edn, 1989); G. Mountfort and N. Arlott, Rare Birds of the World (1988); T. Halliday, Vanishing Birds: Their Natural History and Conservation (rev edn, 1980); N.J. Collar, M.J. Crosby and A.J. Stattersfield, Birds to Watch II: The World List of Threatened Birds (1994); B. Groombridge, 1994 IUCN Red List of Threatened Animals (1993); T. Inskipp and L. Collins, World Checklist of Threatened Birds (1993).
6. For a sample of the vast literature on this topic, see A.W. Diamond et al, Save the Birds (rev edn, 1989); G. Mountfort and N. Arlott, Rare Birds of the World (1988); T. Halliday, Vanishing Birds: Their Natural History and Conservation (rev edn, 1980); N.J. Collar, M.J. Crosby and A.J. Stattersfield, Birds to Watch II: The World List of Threatened Birds (1994); B. Groombridge, 1994 IUCN Red List of Threatened Animals (1993); T. Inskipp and L. Collins, World Checklist of Threatened Birds (1993).
7. Diamond et al, op cit, n 1 at 318.
8. Ibid at 321, where the authors note that 60% of all bird species are adversely affected by habitat destruction, 29% by hunting, 20% by competition from introduced species and 9% by international trade.
9. Note in this context that the tendency of many migratory birds to remain close to land during migration inevitably channels them along certain routes - thus Malta and Italy act as a form of funnel for birds flying to and from Africa. It is doubtless no coincidence that shooting has traditionally been a popular recreational pastime in those countries. It has been estimated that, in the early 19705, around two million hunters killed approximately 166 million migratory birds per year in Italy alone: R. Boardman, International Organization and the Conservation of Nature (1981) at 169.
10. On the founding of ICBP, originally as the International Committee for Bird Protection, see R. Boardman, ibid at 30 ff. See also Diamond et al, op cit, n 1 at 369-77. On its recent reconstitution, see Birds (the magazine of the RSPB), (Summer 1993) at 4, 18-20.
11. On the founding of ICBP, originally as the International Committee for Bird Protection, see R. Boardman, ibid at 30 ff. See also Diamond et al, op cit, n 1 at 369-77. On its recent reconstitution, see Birds (the magazine of the RSPB), (Summer 1993) at 4, 18-20.
12. On the founding of ICBP, originally as the International Committee for Bird Protection, see R. Boardman, ibid at 30 ff. See also Diamond et al, op cit, n 1 at 369-77. On its recent reconstitution, see Birds (the magazine of the RSPB), (Summer 1993) at 4, 18-20.
13. IWRB, which is based at Slimbridge in Gloucestershire, recently changed its name to the International Waterfowl and Wetlands Research Bureau, and subsequently amalgamated with the Asian Wetland Bureau and Wetlands for the Americas to form Wetlands International: see Council of Europe Document T-PVS (96) 24, 'Statements by Parties/Organisations to the Fifteenth Meeting of the Standing Committee to the Convention on the Conservation of European Wildlife and Natural Habitats'.
14. On the creation and activities of these organisations, see Boardman, op cit, n 4, passim. It might be observed that IUCN is not a typical NGO, since it includes states and government agencies among its membership, but it equally cannot be considered an inter-governmental organisation, since its membership also includes national and international NGOs, as well as affiliated individuals: see P.W. Birnie and A.E. Boyle, International law and the Environment (1992) at 77-8. It therefore serves as a sort of microcosm for the field of international environmental law as a whole, where governmental and non-governmental agencies have come to work in close collaboration.
15. See, Diamond et al at 298-303.
16. Boardman at 26-7.
17. See the discussion of the Convention for the Protection of Birds Useful to Agriculture 1902, infra.
18. Mountfort and Arlott, op cit, n 1 at 16.
19. Boardman at 163.
20. Boardman, passim. For an instructive illustration regarding the interwar period, see pp 30-2.
21. The valuable role of less formal international arrangements should not be overlooked, however. Note particularly in this regard the North American Waterfowl Agreement, discussed in the section on the Ramsar Convention, infra, and the various memoranda of understanding adopted under the Bonn Convention, infra. Since the principal focus of the article is upon the contribution of treaties to the protection of birds, it will not consider other than incidentally the EC Birds Directive 1979. For a valuable analysis of the latter, see W.P.J. Wils, The Birds Directive: 15 Years Later', (1994) 6 JEL 219. See further, n 177, infra.
22. 94 BFSP 715.
23. 102 BFSP 63.
24. For discussion, see S. Lyster, International Wildlife Law (1985) at 112-13; Boardman at 143-5.
25. For discussion, see Lyster, op cit, n 17 at 62-4; Boardman at 27-8, 160.
26. See the 1900 Convention, Article 2, paras 13 and 15, and Table 5; the 1902 Convention, Article 9 and List 2.
27. For illustration of this point, consult the Appendices to the various modern conventions discussed below. For a convenient summary of the position, as at 31.10.94, under those conventions, the EC Birds Directive and the UK Wildlife and the Countryside Act, see the Tables to J. Fitzgerald and N. Carter (eds), Ruffled Feathers and Worse (British Trust for Ornithology: Simmons & Simmons, 1995).
28. See the 1900 Convention, Article 3 (which authorises 'derogations' from certain of the provisions of Article 2 for the collection of specimens for museums and zoological gardens or for any other scientific purpose, on account of pressing administrative need or in cases of temporary difficulties in the administration of certain territories); and the 1902 Convention, Article 4 (which affords a general power to grant exemptions where judged necessary).
29. It certainly does not seem to have been ratified by the UK, although apparently effect was given to its provisions in certain British territories: see 94 BFSP 715; Boardman at 145. The signatories were Great Britain, the Congo State, France, Germany, Italy, Portugal and Spain.
30. See Lyster, op cit, n 17 at 64; Boardman at 28. The parties to the Convention were Austria, Belgium, Czechoslovakia, France, Germany, Hungary, Liechtenstein, Luxembourg, Monaco, Netherlands, Poland, Portugal, Spain, Sweden and Switzerland.
31. UNTS 186. For further text location references and full status information regarding this treaty, see M.J. Bowman and D.J. Harris, Multilateral Treaties: Index and Current Status (1984 and latest cumulative supplement - hereafter MTICS) Tr 255. Note that under Article 11, the 1950 Convention supersedes the 1902 Convention only for the parties to both, and that the later treaty has not in fact been accepted by all parties to the former. The respective obligations of the parties are therefore to be determined in accordance with Article 30 of the Vienna Convention on the Law of Treaties, 1155 UNTS 331; MTICS Tr 538.
32. Article 2.
33. Articles 3-5, 11.
34. Articles 6, 7.
35. For example, the Netherlands with regard to the collection of lapwing eggs (Article 4), and the UK regarding the transport provisions of Articles 3 and 4 (Article 7). These provisions may appear rather incongruous to modern lawyers, and the desired effect would nowadays probably be achieved by the formulation of a reservation to the relevant provisions. It is to be remembered, however, that at the time the Convention was drafted the legal regime governing reservations was distinctly different. Every reservation in order to be regarded as valid required the acceptance of all the other contracting parties: Report of the League of Nations Committee for the Progressive Codification of International Law (1927) 8 LNOJ 880 at 881. It was not until 1951 that the International Court of Justice in its Advisory Opinion in the Reservations to the Convention on Genocide Case, ICJ Rep 1951 at 15, heralded the adoption of a more flexible approach, based to some extent upon the former practice of the Pan American Union. For the current position, see the Vienna Convention on the Law of Treaties, Articles 19-23. As regards the Birds Convention 1950, note also the extensive powers accorded under Article 6 to Sweden, Norway, Finland, Faroe Islands and Iceland to create exceptions and permit derogations from the provisions of the Convention.
36. For example, the Netherlands with regard to the collection of lapwing eggs (Article 4), and the UK regarding the transport provisions of Articles 3 and 4 (Article 7). These provisions may appear rather incongruous to modern lawyers, and the desired effect would nowadays probably be achieved by the formulation of a reservation to the relevant provisions. It is to be remembered, however, that at the time the Convention was drafted the legal regime governing reservations was distinctly different. Every reservation in order to be regarded as valid required the acceptance of all the other contracting parties: Report of the League of Nations Committee for the Progressive Codification of International Law (1927) 8 LNOJ 880 at 881. It was not until 1951 that the International Court of Justice in its Advisory Opinion in the Reservations to the Convention on Genocide Case, ICJ Rep 1951 at 15, heralded the adoption of a more flexible approach, based to some extent upon the former practice of the Pan American Union. For the current position, see the Vienna Convention on the Law of Treaties, Articles 19-23. As regards the Birds Convention 1950, note also the extensive powers accorded under Article 6 to Sweden, Norway, Finland, Faroe Islands and Iceland to create exceptions and permit derogations from the provisions of the Convention.
37. The United Kingdom never became a party. Government policy was apparently not to ratify international conventions 'until such time as national legislation enabled all obligations imposed by them to be met in full'. The UK's 1954 Bird Protection Act was not regarded as reflecting the 1950 Convention exactly and although it was argued by ICBP that the differences 'were not sufficiently great to warrant continued aloofness', the UK remained outside the Convention: see generally, Boardman at 162-3.
38. The International Convention for the Protection of Fauna and Flora 1933, 172 LNTS 241; MTICS Tr 142. For discussion, see Lyster at 113-15; Boardman at 145-8.
39. 479 UNTS 39; MTICS Tr 451, n 3. For discussion, see Lyster at 115-28.
40. 161 UNTS 229; MTICS Tr 175. For discussion, see Lyster, Ch 6.
41. Article 7.
42. Articles 8, 9.
43. Lyster at 66, 111, 126-8. For consideration of the institutional mechanisms likely to be necessary in a modern environmental treaty, see the 'Conclusions of the Siena Forum on the International Law of the Environment', (1990) 20(6) EPL 232, especially paras 11 (g) and 12 (b); and R. Churchill and L. Warren, 'Effectiveness of Legal Agreements to Protect Global Commons', ESRC GEC Programme Briefings No 9, November 1996. For fuller discussion, see A.E. Boyle, 'Saving the World? The Implementation and Enforcement of International Environmental Law through International Institutions', (1991) 3 JEL 229; P.H. Sand (ed), The Effectiveness of International Environmental Agreements (1992). Regarding proposals for the revitalisation of the African (1968) and Western Hemisphere (1940) Conventions respectively, see (i) the report of the 1991 Pan-African Conference on Environment and Sustainable Development in Africa (1991), 21/2 EPL 67, 100; and (ii) K. Rogers and J.A. Moore, 'Revitalizing the Convention on Nature Protection and Wild Life Preservation in the Western Hemisphere', (1995) 36 Harv ILJ 465.
44. Lyster at 66, 111, 126-8. For consideration of the institutional mechanisms likely to be necessary in a modern environmental treaty, see the 'Conclusions of the Siena Forum on the International Law of the Environment', (1990) 20(6) EPL 232, especially paras 11 (g) and 12 (b); and R. Churchill and L. Warren, 'Effectiveness of Legal Agreements to Protect Global Commons', ESRC GEC Programme Briefings No 9, November 1996. For fuller discussion, see A.E. Boyle, 'Saving the World? The Implementation and Enforcement of International Environmental Law through International Institutions', (1991) 3 JEL 229; P.H. Sand (ed), The Effectiveness of International Environmental Agreements (1992). Regarding proposals for the revitalisation of the African (1968) and Western Hemisphere (1940) Conventions respectively, see (i) the report of the 1991 Pan-African Conference on Environment and Sustainable Development in Africa (1991), 21/2 EPL 67, 100; and (ii) K. Rogers and J.A. Moore, 'Revitalizing the Convention on Nature Protection and Wild Life Preservation in the Western Hemisphere', (1995) 36 Harv ILJ 465.
45. Lyster at 66, 111, 126-8. For consideration of the institutional mechanisms likely to be necessary in a modern environmental treaty, see the 'Conclusions of the Siena Forum on the International Law of the Environment', (1990) 20(6) EPL 232, especially paras 11 (g) and 12 (b); and R. Churchill and L. Warren, 'Effectiveness of Legal Agreements to Protect Global Commons', ESRC GEC Programme Briefings No 9, November 1996. For fuller discussion, see A.E. Boyle, 'Saving the World? The Implementation and Enforcement of International Environmental Law through International Institutions', (1991) 3 JEL 229; P.H. Sand (ed), The Effectiveness of International Environmental Agreements (1992). Regarding proposals for the revitalisation of the African (1968) and Western Hemisphere (1940) Conventions respectively, see (i) the report of the 1991 Pan-African Conference on Environment and Sustainable Development in Africa (1991), 21/2 EPL 67, 100; and (ii) K. Rogers and J.A. Moore, 'Revitalizing the Convention on Nature Protection and Wild Life Preservation in the Western Hemisphere', (1995) 36 Harv ILJ 465.
46. Lyster at 66, 111, 126-8. For consideration of the institutional mechanisms likely to be necessary in a modern environmental treaty, see the 'Conclusions of the Siena Forum on the International Law of the Environment', (1990) 20(6) EPL 232, especially paras 11 (g) and 12 (b); and R. Churchill and L. Warren, 'Effectiveness of Legal Agreements to Protect Global Commons', ESRC GEC Programme Briefings No 9, November 1996. For fuller discussion, see A.E. Boyle, 'Saving the World? The Implementation and Enforcement of International Environmental Law through International Institutions', (1991) 3 JEL 229; P.H. Sand (ed), The Effectiveness of International Environmental Agreements (1992). Regarding proposals for the revitalisation of the African (1968) and Western Hemisphere (1940) Conventions respectively, see (i) the report of the 1991 Pan-African Conference on Environment and Sustainable Development in Africa (1991), 21/2 EPL 67, 100; and (ii) K. Rogers and J.A. Moore, 'Revitalizing the Convention on Nature Protection and Wild Life Preservation in the Western Hemisphere', (1995) 36 Harv ILJ 465.
47. Lyster at 66, 111, 126-8. For consideration of the institutional mechanisms likely to be necessary in a modern environmental treaty, see the 'Conclusions of the Siena Forum on the International Law of the Environment', (1990) 20(6) EPL 232, especially paras 11 (g) and 12 (b); and R. Churchill and L. Warren, 'Effectiveness of Legal Agreements to Protect Global Commons', ESRC GEC Programme Briefings No 9, November 1996. For fuller discussion, see A.E. Boyle, 'Saving the World? The Implementation and Enforcement of International Environmental Law through International Institutions', (1991) 3 JEL 229; P.H. Sand (ed), The Effectiveness of International Environmental Agreements (1992). Regarding proposals for the revitalisation of the African (1968) and Western Hemisphere (1940) Conventions respectively, see (i) the report of the 1991 Pan-African Conference on Environment and Sustainable Development in Africa (1991), 21/2 EPL 67, 100; and (ii) K. Rogers and J.A. Moore, 'Revitalizing the Convention on Nature Protection and Wild Life Preservation in the Western Hemisphere', (1995) 36 Harv ILJ 465.
48. Lyster at 66, 111, 126-8. For consideration of the institutional mechanisms likely to be necessary in a modern environmental treaty, see the 'Conclusions of the Siena Forum on the International Law of the Environment', (1990) 20(6) EPL 232, especially paras 11 (g) and 12 (b); and R. Churchill and L. Warren, 'Effectiveness of Legal Agreements to Protect Global Commons', ESRC GEC Programme Briefings No 9, November 1996. For fuller discussion, see A.E. Boyle, 'Saving the World? The Implementation and Enforcement of International Environmental Law through International Institutions', (1991) 3 JEL 229; P.H. Sand (ed), The Effectiveness of International Environmental Agreements (1992). Regarding proposals for the revitalisation of the African (1968) and Western Hemisphere (1940) Conventions respectively, see (i) the report of the 1991 Pan-African Conference on Environment and Sustainable Development in Africa (1991), 21/2 EPL 67, 100; and (ii) K. Rogers and J.A. Moore, 'Revitalizing the Convention on Nature Protection and Wild Life Preservation in the Western Hemisphere', (1995) 36 Harv ILJ 465.
49. 47 ILR 336. Belgium had been the first state to ratify the Convention.
50. Ibid at 339.
51. P.H. Sand, op cit, n 35 at 63. See also R. Churchill, 'The Contribution of Existing Agreements for the Conservation of Terrestrial Species and Habitats to the Maintenance of Biodiversity' in M.J. Bowman and C.J. Redgwell (eds), International Law and the Conservation of Biological Diversity (1996) at 73, n 3.
52. UNTS 245; MTICS Tr 575. For discussion, see Lyster, Ch 10; G.V.T. Matthews, The Ramsar Convention on Wetlands: Its History and Development (1993); T.J. Davis, The Ramsar Convention Manual (1994); M.J. Bowman, 'The Ramsar Convention Comes of Age', (1995) 42 Neths ILR 1. All references in this article to Ramsar debates, documents, resolutions and recommendations can be found in the reports of the various meetings of the Conference of the Contracting Parties (Ramsar Convention Bureau, rue Mauverney 28, 1196 Gland, Switzerland).
53. UNTS 245; MTICS Tr 575. For discussion, see Lyster, Ch 10; G.V.T. Matthews, The Ramsar Convention on Wetlands: Its History and Development (1993); T.J. Davis, The Ramsar Convention Manual (1994); M.J. Bowman, 'The Ramsar Convention Comes of Age', (1995) 42 Neths ILR 1. All references in this article to Ramsar debates, documents, resolutions and recommendations can be found in the reports of the various meetings of the Conference of the Contracting Parties (Ramsar Convention Bureau, rue Mauverney 28, 1196 Gland, Switzerland).
54. UNTS 245; MTICS Tr 575. For discussion, see Lyster, Ch 10; G.V.T. Matthews, The Ramsar Convention on Wetlands: Its History and Development (1993); T.J. Davis, The Ramsar Convention Manual (1994); M.J. Bowman, 'The Ramsar Convention Comes of Age', (1995) 42 Neths ILR 1. All references in this article to Ramsar debates, documents, resolutions and recommendations can be found in the reports of the various meetings of the Conference of the Contracting Parties (Ramsar Convention Bureau, rue Mauverney 28, 1196 Gland, Switzerland).
55. See generally, E. Maltby, Waterlogged Wealth (1986); P.J. Dugan (ed), Wetland Conservation: A Review of Current Issues and Required Action (1990); M. Williams (ed), Wetlands: A Threatened Landscape (1990); and M. Finlayson and M. Moser (eds), Wetlands (1991).
56. See generally, E. Maltby, Waterlogged Wealth (1986); P.J. Dugan (ed), Wetland Conservation: A Review of Current Issues and Required Action (1990); M. Williams (ed), Wetlands: A Threatened Landscape (1990); and M. Finlayson and M. Moser (eds), Wetlands (1991).
57. See generally, E. Maltby, Waterlogged Wealth (1986); P.J. Dugan (ed), Wetland Conservation: A Review of Current Issues and Required Action (1990); M. Williams (ed), Wetlands: A Threatened Landscape (1990); and M. Finlayson and M. Moser (eds), Wetlands (1991).
58. See generally, E. Maltby, Waterlogged Wealth (1986); P.J. Dugan (ed), Wetland Conservation: A Review of Current Issues and Required Action (1990); M. Williams (ed), Wetlands: A Threatened Landscape (1990); and M. Finlayson and M. Moser (eds), Wetlands (1991).
59. See the preamble (second and fifth paras) and Articles 1(2), 2(1), 2(6), 4(1), 4(2), 4(4) and 6(1).
60. For the history of the negotiations, see Matthews, op cit, n 39.
61. See G.V.T. Matthews, 'The Need for International Cooperation in Wetland Conservation', Ramsar Doc C2(8). Note that the same author, op cit, n 39 at 25, attributes the incorporation of the titular reference to waterfowl to Soviet insistence. It appears that the possibility of a change in the name of the Convention was discussed at the twenty-first meeting of the Standing Committee, Gland, October 1998: see Agenda Item 6.
62. See generally Bowman, op cit, n 39, especially at 5-8, 21-2. For more recent developments, see for example, Ramsar Resolution RES 6(2) concerning the adoption of specific criteria based on fish for identifying Wetlands of International Importance.
63. Note that 15 international NGOs participated in the Fifth Meeting of the Conference (Kushiro, 1993) and that the list of national NGOs attending extended to some 16 pages: PART CS(1) (Rev). On the participation of NGOs at the Sixth Meeting, see 'List of Participants', Vol 12, Conference Proceedings, and for an assessment of their contribution, see the report by Ramsar Secretary General, Delmar Blasco, Ramsar Newsletter, 23 (July 1996) at 2-4. As regards IWRB's role in particular note that for a brief period the Bureau was physically divided and located partly in Gland and partly at IWRB headquarters at Slimbridge, UK, but that this arrangement proved impractical: Bowman, op cit at 36-7.
64. Note that 15 international NGOs participated in the Fifth Meeting of the Conference (Kushiro, 1993) and that the list of national NGOs attending extended to some 16 pages: PART CS(1) (Rev). On the participation of NGOs at the Sixth Meeting, see 'List of Participants', Vol 12, Conference Proceedings, and for an assessment of their contribution, see the report by Ramsar Secretary General, Delmar Blasco, Ramsar Newsletter, 23 (July 1996) at 2-4. As regards IWRB's role in particular note that for a brief period the Bureau was physically divided and located partly in Gland and partly at IWRB headquarters at Slimbridge, UK, but that this arrangement proved impractical: Bowman, op cit at 36-7.
65. Article 2(1), (4).
66. Article 1(1).
67. Information taken from the Ramsar database (27.11.98).
68. See Bowman, op cit, n 39 at 10-12.
69. This concept provides the underlying theme of policy documents from the World Conservation Strategy 1980 to Agenda 21.
70. Ramsar REC C.3(3) establishes that 'The wise use of wetlands is their sustainable utilisation for the benefit of humankind in a way compatible with the natural properties of the ecosystem.' 'Sustainable utilisation' is itself defined to mean 'human use of a wetland so that it may yield the greatest continuous benefit to present generations while maintaining its potential to meet the needs and aspirations of future generations.'
71. See the Annex to Regina Recommendations 1987, REC C.4(10) and RES C.5(6) Annex. For further elaboration of the wise use concept, see T.J. Davis, Towards the Wise Use of Wetlands (1993).
72. For the latest version, see REC C.4(2) and Annex I. Note also RES C.5(9) and WG C.5(4). RES 6(3) calls for a review of the existing criteria, with an eye particularly to recognising the importance of cultural values and hydrological functions.
73. In 1993 it was calculated that of all Listed sites the percentage designated by reference to the waterfowl criteria was as follows: Africa, 85%; Asia, 78%; Eastern Europe, 84%; North America, 97%; Oceania, 73%; Neotropics, 93%; Western Europe, 83%. See generally, M.E. Moser, P.M. Rose and D.A. Scott, 'Waterfowl Estimates and the Ramsar Convention', Ramsar WG C.5(4), Annex 15 (vol II, Kushiro Proceedings).
74. Moser, Rose and Scott, ibid at 2. Note in this context RES 6(4) which urges Wetlands International to develop still further its vital work in this area.
75. See J.A. Enemark, 'Wise Use of the Wadden Sea' in T.J. Davis (ed), Towards the Wise Use of Wetlands (1993).
76. See Davis, op cit, n 39 at 87-8. For further discussion of the first of these schemes, see C. de Klemm, The Problem of Migratory Species in International Law', (1994) Green Globe, YB 67, and as to the last, see P. Fitzgibbon, 'An International Conservation Plan for the Greenland White-fronted Goose', Ramsar WG C.5(4), Annex 16.
77. See Davis, op cit, n 39 at 87-8. For further discussion of the first of these schemes, see C. de Klemm, The Problem of Migratory Species in International Law', (1994) Green Globe, YB 67, and as to the last, see P. Fitzgibbon, 'An International Conservation Plan for the Greenland White-fronted Goose', Ramsar WG C.5(4), Annex 16.
78. See Davis, op cit, n 39 at 87-8. For further discussion of the first of these schemes, see C. de Klemm, The Problem of Migratory Species in International Law', (1994) Green Globe, YB 67, and as to the last, see P. Fitzgibbon, 'An International Conservation Plan for the Greenland White-fronted Goose', Ramsar WG C.5(4), Annex 16.
79. The so-called 'Brisbane Initiative': see REC 6(4). See also, I. Anderson, 'Shorebirds to Get Rest Areas for Long Flight South', New Scientist, 16.3.96 at 8.
80. See the discussion of the Bonn Convention, infra.
81. For the recommendations formulated at the Kushiro (1993) and Brisbane (1996) meetings of the Conference, see RECs C.5(1) and 6(17) respectively.
82. Bowman, op cit, n 39 at 30-1.
83. Ibid at 33.
84. The Record was established in 1990 pursuant to REC C.4(8) and initially comprised those sites listed in document INF C.4(18) which was compiled by the Bureau on the basis of national reports submitted to the Montreux meeting. The current version of the Last of Wetlands of International Importance indicates all those sites which are presently included in the Record. The Secretariat observed in 1998 that since its inception, some 71 sites had been included in the Record, 10 of which had subsequently been removed following remedial action. Only three sites had been added since 1994: Twenty-first Meeting of the Standing Committee, Minutes, para 306. Note that guidelines for the operation of the Record, together with a working definition of the concept of ecological character and guidelines for maintaining it, can be found in Resolution RES 6(1).
85. On the willingness or otherwise of parties to allow their sites to be listed, see Bowman, op cit, n 39 at 19, 31-2.
86. The procedure, originally known as the Monitoring Procedure, was established by the Standing Committee in 1988 and formally adopted at Montreux under REC C.4(7) and Annex I. It was renamed in 1996, pursuant to RES 6(15) in order 'to reflect more accurately its true function'. A proposal for a further change in the name of the procedure labelling it 'the Ramsar Advisory Mission', was agreed by the Standing Committee in 1998 and will be put to the next meeting of the Conference: Decision SC 21(23).
87. For further detail, see Davis, op cit, n 39 at 55-7. For an account of the recent operation of the Procedure generally, see the Report of the Bureau to the Kushiro Conference, DOC C.5(5) at 6.
88. The Fund was established pursuant to RES C.4(3). In 1996 it was formally renamed the Ramsar Small Grants Fund for Wetland Conservation and Wise Use (Ramsar SGF), though one suspects that the former name may continue to be used. All countries included on the List of Aid Recipients established by the OECD's Development Assistance Committee are eligible for assistance.
89. Preparatory assistance refers to funding the cost of identification, delineation and mapping of sites to be designated for the List, either upon acceptance or subsequently.
90. See Davis, op cit, n 39 at 95.
91. As to the former, see WG C.5(1) at 3. As to the latter, see Birds (Winter 1994) at 14. On the conservation of Mediterranean wetlands in particular, note the MedWet Programme WG C.5(4)(Rev), Annex 12 and REC C.5(14); REC C.6(11).
92. For the identification of these deficiencies, see the World Conservation Strategy (1980), Section 15, para 5 and Ramsar REC 1(8). For the subsequent attempts to remedy them, see in particular Bowman, op cit, n 39, passim, and by the same author, The Multilateral Treaty Amendment Process: A Case Study', (1995) 44 ICLQ 540.
93. For the identification of these deficiencies, see the World Conservation Strategy (1980), Section 15, para 5 and Ramsar REC 1(8). For the subsequent attempts to remedy them, see in particular Bowman, op cit, n 39, passim, and by the same author, The Multilateral Treaty Amendment Process: A Case Study', (1995) 44 ICLQ 540.
94. UNTS 243; MTICS Tr 613. For discussion, see Lyster, op cit, n 17, Ch 12; D.S. Favre, International Trade in Endangered Species (1989).
95. For a helpful manual tracing the implementation and development of the convention through the meetings of the Conference of the Parties, see W. Wijnstekers, The Evolution of CITES (4th edn, 1995) and on the question of national implementation, consult C. de Klemm, Guidelines for Legislation to Implement CITES, IUCN Policy and Law Paper 26, (1993). All references to CITES debates, documents, and resolutions can be found in the reports of the various meetings of the Conference of the Contracting Parties (CITES Secretariat, 15 Chemin des Anemones, CP 456, CH 1219 Chatelaine, Geneva, Switzerland).
96. For a helpful manual tracing the implementation and development of the convention through the meetings of the Conference of the Parties, see W. Wijnstekers, The Evolution of CITES (4th edn, 1995) and on the question of national implementation, consult C. de Klemm, Guidelines for Legislation to Implement CITES, IUCN Policy and Law Paper 26, (1993). All references to CITES debates, documents, and resolutions can be found in the reports of the various meetings of the Conference of the Contracting Parties (CITES Secretariat, 15 Chemin des Anemones, CP 456, CH 1219 Chatelaine, Geneva, Switzerland).
97. Information provided by the CITES Secretariat.
98. CITES, Article 1(b). As regards birds, and indeed all animal species, such parts and derivatives are subject to CITES regulation in the case of all species listed in Appendices I, II, and in the case of species listed in Appendix III, where so specified in the Appendix itself. Note also that 'trade' is widely defined in Article 1(c) to mean 'export, re-export, import and introduction from the sea', i.e. in effect any international movement of specimens.
99. Note Lyster's observation that the 'first demand for controls on the international wildlife trade was made as early as 1911 when Paul Sarasin, a Swiss conservationist, called for restrictions on the import and export of bird feathers because of the effect of the vogue for plumed hats on bird populations', op cit, n 17 at 239. It was, however, not until the early 1960s that the issue was placed squarely on the international agenda. As to the listing of birds under the CITES Appendix system, see J. Erritzoe, The Birds of CITES (1993).
100. M. Brooke and T. Birkhead (eds), The Cambridge Encyclopaedia of Ornithology (1991) at 320. Note their further point that 'International trade accounts for only a fraction of the total trade, since much takes place within national boundaries; the total trade worldwide involves probably at least 20 million birds a year.' On the bird trade generally, see G. Nilsson, The Bird Business (2nd edn, 1981). For a sense of the scale of the trade in wildlife as a whole, note the observation that the 'global trade in wildlife is one of the world's most valuable trades. Although a precise evaluation of its annual worth is difficult, and estimates range from US$8 billion . . . to approaching US$20 billion . . . , it is reportedly the third most valuable global trade following arms and drugs': see R. Bowles, 'Wildlife Trade - A Conserver or Exploiter?' in V.J. Taylor and N. Dunstone (eds), The Exploitation of Mammal Populations (1996) at 266.
101. M. Brooke and T. Birkhead (eds), The Cambridge Encyclopaedia of Ornithology (1991) at 320. Note their further point that 'International trade accounts for only a fraction of the total trade, since much takes place within national boundaries; the total trade worldwide involves probably at least 20 million birds a year.' On the bird trade generally, see G. Nilsson, The Bird Business (2nd edn, 1981). For a sense of the scale of the trade in wildlife as a whole, note the observation that the 'global trade in wildlife is one of the world's most valuable trades. Although a precise evaluation of its annual worth is difficult, and estimates range from US$8 billion . . . to approaching US$20 billion . . . , it is reportedly the third most valuable global trade following arms and drugs': see R. Bowles, 'Wildlife Trade - A Conserver or Exploiter?' in V.J. Taylor and N. Dunstone (eds), The Exploitation of Mammal Populations (1996) at 266.
102. M. Brooke and T. Birkhead (eds), The Cambridge Encyclopaedia of Ornithology (1991) at 320. Note their further point that 'International trade accounts for only a fraction of the total trade, since much takes place within national boundaries; the total trade worldwide involves probably at least 20 million birds a year.' On the bird trade generally, see G. Nilsson, The Bird Business (2nd edn, 1981). For a sense of the scale of the trade in wildlife as a whole, note the observation that the 'global trade in wildlife is one of the world's most valuable trades. Although a precise evaluation of its annual worth is difficult, and estimates range from US$8 billion . . . to approaching US$20 billion . . . , it is reportedly the third most valuable global trade following arms and drugs': see R. Bowles, 'Wildlife Trade - A Conserver or Exploiter?' in V.J. Taylor and N. Dunstone (eds), The Exploitation of Mammal Populations (1996) at 266.
103. This matter was discussed at the Ninth Meeting of the CITES Conference (Fort Lauderdale, 1994): see CITES Conf 9(15).
104. This matter was discussed at the Ninth Meeting of the CITES Conference (Fort Lauderdale, 1994): see CITES Conf 9(15).
105. See Articles 2-6, 8.
106. For useful information on CITES prosecutions globally and the penalties imposed, see TRAFFIC Bulletin (TRAFFIC International, 219c Huntingdon Road, Cambridge CB3 ODL, UK).
107. Though around 40 specimens are held in captivity, the species is believed to be down to a single individual in the wild: see R. Lewin, 'Are We Smart Enough to Save this Bird?', New Scientist, 11.11.95 at 30;
108. Erritzoe, op cit, n 75 at 92.
109. The practical difficulties in this regard should not be underestimated, even in countries with substantial financial resources and a strong commitment to conservation: see Y. Blanco Castillo, An Analysis of the 1973 Convention on International Trade in Endangered Species of Wild Flora and Fauna (MPhil Thesis, University of Nottingham, 1988).
110. At London Heathrow Airport, for example, technical expertise has been provided by the London Quarantine Station, as to the activities of which see QED: Live Luggage, BBC, 1994.
111. For discussion, see Lyster, op cit, n 17 at 244-5; Favre, op cit, n 70 at 41. Curiously there is no parallel provision regarding Appendix I species. However, the 'Berne Criteria' adopted in Resolution Conf 1(1) to govern the question of eligibility for incorporation in the Appendices, did authorise the listing of whole genera if most of their species were threatened with extinction and if identification of individual species within the genus was difficult: see Lyster at 243-4; Favre at 37-8. The Berne criteria have now been replaced by a new regime agreed in 1994 and incorporated in Conf 9(24) which appears to establish the possibility of 'look-alike' listing under Appendix II to protect an Appendix I species: see 8th and 9th preamblular paragraphs to that Resolution together with its Annex IIb.
112. See Article 7(1-3, 6). For the detailed application of these exceptions, see Wijnstekers, op cit, n 70, Ch 10. Note also Article 14(1)(a) which provides that nothing in the Convention is to affect the right of the parties to adopt stricter domestic measures regarding wildlife trade. The effect in this context is often that particular parties disallow the operation of the exceptions, or apply them restrictively.
113. Article 7(7). Note also in this context Resolution Conf 8(16).
114. Note that it applies equally to artificially propagated plant specimens.
115. For the proper interpretation and application of Articles 7(4) and (5), see Resolution Conf 10(16) (repealing Conf 2(12)) and Favre, op cit, n 70 at 197-8.
116. Particularly given the sequence of rather strict controls that have been progressively imposed on captive breeding operations: see Wijnstekers, op cit, n 70, Ch 11.
117. For details of the first such case in UK, involving goshawks, see Birds (Summer 1993) at 12. Later volumes of the same publication carry details of further such prosecutions. It has been claimed that 'DNA tests on goshawks and peregrine falcons registered by falconers in 1993 showed that 1 in 10 birds did not have the parentage their owners claimed': New Scientist, 8.7.95. In a major operation involving the RSPB and ten police forces in 1996, genetic analysis carried out by Nottingham University showed that 23 out of 49 peregrine falcons tested were not related to their declared parents: Birds (Feb-Apr, 1996) at 9.
118. For details of the first such case in UK, involving goshawks, see Birds (Summer 1993) at 12. Later volumes of the same publication carry details of further such prosecutions. It has been claimed that 'DNA tests on goshawks and peregrine falcons registered by falconers in 1993 showed that 1 in 10 birds did not have the parentage their owners claimed': New Scientist, 8.7.95. In a major operation involving the RSPB and ten police forces in 1996, genetic analysis carried out by Nottingham University showed that 23 out of 49 peregrine falcons tested were not related to their declared parents: Birds (Feb-Apr, 1996) at 9.
119. For details of the first such case in UK, involving goshawks, see Birds (Summer 1993) at 12. Later volumes of the same publication carry details of further such prosecutions. It has been claimed that 'DNA tests on goshawks and peregrine falcons registered by falconers in 1993 showed that 1 in 10 birds did not have the parentage their owners claimed': New Scientist, 8.7.95. In a major operation involving the RSPB and ten police forces in 1996, genetic analysis carried out by Nottingham University showed that 23 out of 49 peregrine falcons tested were not related to their declared parents: Birds (Feb-Apr, 1996) at 9.
120. See generally, in this context J. Nichol, The Animal Smugglers (1987) and the TRAFFIC Bulletin. Note also the observation of ACC T. Rands (Essex Constabulary) that the 'US Fish and Wildlife Service estimates that the value of the [illicit] trade in wildlife is second only to the illegal drug trade in the USA': see 'Policing the Environment: A Police Approach', Birds (Spring 1994) at 53. The total value of the illegal wildlife trade globally was estimated at US$0.5 billion per year in 1985, when profit margins were thought actually to be higher than those of the drugs trade: see A.H. Shonfield, 'International Trade in Wildlife: How Effective is the Endangered Species Treaty?', (1985) 15 CWILJ 111. A decade later this estimate had risen to US$3 billion: see Bowles, loc cit, n 76. Note also CITES Resolution Conf 9(8) concerning measures to improve the enforcement of the Convention.
121. See generally, in this context J. Nichol, The Animal Smugglers (1987) and the TRAFFIC Bulletin. Note also the observation of ACC T. Rands (Essex Constabulary) that the 'US Fish and Wildlife Service estimates that the value of the [illicit] trade in wildlife is second only to the illegal drug trade in the USA': see 'Policing the Environment: A Police Approach', Birds (Spring 1994) at 53. The total value of the illegal wildlife trade globally was estimated at US$0.5 billion per year in 1985, when profit margins were thought actually to be higher than those of the drugs trade: see A.H. Shonfield, 'International Trade in Wildlife: How Effective is the Endangered Species Treaty?', (1985) 15 CWILJ 111. A decade later this estimate had risen to US$3 billion: see Bowles, loc cit, n 76. Note also CITES Resolution Conf 9(8) concerning measures to improve the enforcement of the Convention.
122. See generally, in this context J. Nichol, The Animal Smugglers (1987) and the TRAFFIC Bulletin. Note also the observation of ACC T. Rands (Essex Constabulary) that the 'US Fish and Wildlife Service estimates that the value of the [illicit] trade in wildlife is second only to the illegal drug trade in the USA': see 'Policing the Environment: A Police Approach', Birds (Spring 1994) at 53. The total value of the illegal wildlife trade globally was estimated at US$0.5 billion per year in 1985, when profit margins were thought actually to be higher than those of the drugs trade: see A.H. Shonfield, 'International Trade in Wildlife: How Effective is the Endangered Species Treaty?', (1985) 15 CWILJ 111. A decade later this estimate had risen to US$3 billion: see Bowles, loc cit, n 76. Note also CITES Resolution Conf 9(8) concerning measures to improve the enforcement of the Convention.
123. See generally, in this context J. Nichol, The Animal Smugglers (1987) and the TRAFFIC Bulletin. Note also the observation of ACC T. Rands (Essex Constabulary) that the 'US Fish and Wildlife Service estimates that the value of the [illicit] trade in wildlife is second only to the illegal drug trade in the USA': see 'Policing the Environment: A Police Approach', Birds (Spring 1994) at 53. The total value of the illegal wildlife trade globally was estimated at US$0.5 billion per year in 1985, when profit margins were thought actually to be higher than those of the drugs trade: see A.H. Shonfield, 'International Trade in Wildlife: How Effective is the Endangered Species Treaty?', (1985) 15 CWILJ 111. A decade later this estimate had risen to US$3 billion: see Bowles, loc cit, n 76. Note also CITES Resolution Conf 9(8) concerning measures to improve the enforcement of the Convention.
124. As to cooperation with the media note that as a result of RSPB collaboration with Central Television's The Cook Report in 1993, an estimated 8.4 million viewers witnessed both the removal of eggs from a peregrine nest, and the involvement of various wildlife traders in unlawful transactions concerning birds of prey: Birds (Winter 1993) at 12. As to the RSPB's role in the criminal prosecution process, see A. Nurse, 'Watching the Wildlife', Birds (Spring 1997) at 69.
125. As to cooperation with the media note that as a result of RSPB collaboration with Central Television's The Cook Report in 1993, an estimated 8.4 million viewers witnessed both the removal of eggs from a peregrine nest, and the involvement of various wildlife traders in unlawful transactions concerning birds of prey: Birds (Winter 1993) at 12. As to the RSPB's role in the criminal prosecution process, see A. Nurse, 'Watching the Wildlife', Birds (Spring 1997) at 69.
126. As to cooperation with the media note that as a result of RSPB collaboration with Central Television's The Cook Report in 1993, an estimated 8.4 million viewers witnessed both the removal of eggs from a peregrine nest, and the involvement of various wildlife traders in unlawful transactions concerning birds of prey: Birds (Winter 1993) at 12. As to the RSPB's role in the criminal prosecution process, see A. Nurse, 'Watching the Wildlife', Birds (Spring 1997) at 69.
127. Note in particular the experience under the International Convention for the Regulation of Whaling 1946, 161 UNTS 72, MTICS Tr 200; for discussion, see Lyster, op cit, n 17, Ch 2.
128. On the participation of NGOs and other observers, see Rule 2 of the current Rules of Procedure of the Conference of the Parties, text in Wijnstekers, op cit, n 70, Ch 25.
129. See generally, Wijnstekers, ibid at 243-51. On the attempt to deal with the particular problems posed by the participation of EC countries, see ibid at 193-4, 255-6, 277-8.
130. Note for example Resolutions Conf 5(2) and Conf 6(4) regarding Bolivia.
131. For discussion of these issues, see the reports prepared by the Environmental Investigation Agency, a London-based NGO, to the Fifth and Sixth CITES Conferences, entitled Injury, Damage to Health and Cruel Treatment: Present Conditions in the Shipment of Live Fauna (1985) and The Trade in Live Wildlife: Mortality and Transport Conditions (1987). This point appears to be echoed in the preamble to Resolution Conf 10(21).
132. For discussion of these issues, see the reports prepared by the Environmental Investigation Agency, a London-based NGO, to the Fifth and Sixth CITES Conferences, entitled Injury, Damage to Health and Cruel Treatment: Present Conditions in the Shipment of Live Fauna (1985) and The Trade in Live Wildlife: Mortality and Transport Conditions (1987). This point appears to be echoed in the preamble to Resolution Conf 10(21).
133. This requirement applies to almost all CITES-governed transactions, see Articles 3(2)(c), 3(4)(b), 4(2)(c), 4(5)(b), 4(6)(b), 5(2)(b) and 7(7)(c). Curiously, it is omitted in the case of the introduction from the sea of an Appendix I specimen, even though it does apply to such an introduction in the case of an Appendix II specimen.
134. Article 8(3).
135. See the Guidelines for Transport and Preparation for Shipment of Live Wild Animals and Plants (1980). By Resolution Conf 4(20) (see now Conf 10(21) para (d)) it was agreed that, for as long as the CITES authorities thought fit, the International Air Transport Association Live Animals Regulations be deemed to meet CITES requirements in the case of air transport.
136. For example, wild bird imports into the UK fell from a total of 184,577 in 1988 to 94,927 in 1992. Mortality rates (i.e. deaths in transit or during quarantine) remained virtually unchanged, however at around 13.75%: Birds (Winter, 1993) at 8. The preamble to Resolution 10(21) concedes that 'mortality for certain species has not been reduced significantly'. For a more detailed discussion of the welfare provisions of CITES generally, see M.J. Bowman, 'Conflict or Compatibility? The Trade, Conservation and Animal Welfare Dimensions of CITES', (1998) 1 J Int Wildlife Law and Policy 9.
137. CITES Resolution Conf 10(21) recommends, inter alia, that the IATA regulations be incorporated into domestic legislation.
138. [1980] 2 All ER 593.
139. Per Lord Diplock, ibid at 598.
140. Ibid at 599.
141. Birds (Summer 1992) at 17; (Autumn 1992) at 6; (Winter 1992) at 10. Naturally this strategy is not without risk. The major fear is that consignments will simply be transferred to airlines with less experience in this field, who might not even be IATA members. There is some evidence that these fears have already materialised: see Com II 8(6), Agenda item 11.
142. The relevant provisions are now consolidated in Resolution Conf 10(21). The requirement to maintain data on mortalities derived originally from Resolution Conf 8(12), which also provided for the adoption of appropriate measures, including the temporary suspension of commercial trade, in respect of species which had 'significant high mortality rates'. However, the latter provision does not appear to feature in the current resolution.
143. UNTS 209; MTICS Tr 756. For discussion and explanation, see Lyster, op cit, n 17, Ch 8; Council of Europe, Explanatory Report Concerning the Convention on the Conservation of European Wildlife and Natural Habitats (1979). Volume 77 of the Council of Europe magazine Naturopa (1995) is devoted to an appraisal of the Convention. References in this article to Berne Convention reports and other papers can be found in documents issued by the Berne Convention Secretariat, Council of Europe, F-67075 Strasbourg Cedex, France.
144. UNTS 209; MTICS Tr 756. For discussion and explanation, see Lyster, op cit, n 17, Ch 8; Council of Europe, Explanatory Report Concerning the Convention on the Conservation of European Wildlife and Natural Habitats (1979). Volume 77 of the Council of Europe magazine Naturopa (1995) is devoted to an appraisal of the Convention. References in this article to Berne Convention reports and other papers can be found in documents issued by the Berne Convention Secretariat, Council of Europe, F-67075 Strasbourg Cedex, France.
145. For discussion, see Lyster, op cit, n 17 at 135, 145-9.
146. Para 17.
147. Thus it might, for example, require a party to punish its nationals for the taking of protected species outside its own national jurisdiction or to refrain from financing development projects overseas which damage the habitats of migratory species: see Lyster at 145-6.
148. Indeed, Appendix II does contain individual species not normally associated with Europe, such as the leopard (Panthera pardus) and the tiger (Panthern tigris): see Lyster at 135.
149. Appendix II currently includes 'all species' falling within three orders, 19 families and three sub-families of birds. Of these, the order Falconiformes, for example, includes numerous species not found in Europe some of which, such as the Mauritius kestrel (Falco punctatus) and the Californian condor (Gymnogyps californianus) number among the world's most threatened birds with populations in the wild of 150 or less: see Diamond et al, op cit, n 1 at 322-3.
150. Op cit, n 17 at 149. He cites the very title of the Convention and certain observations in the Explanatory Report to support this view. Note that Standing Committee Recommendation No 56 (1997), which establishes guidelines for the listing of species in Appendices I and II, suggests that the Parties 'exclude species non-native to Europe'.
151. See Articles 19 and 20, the latter of which allows non-member states to accede upon invitation by the Committee of Ministers after consultation with the parties.
152. 'Chart of Signatures and Ratifications', Doc T-PVS (98) 11.
153. Guidelines to be taken into account when listing additional species in Appendices I and II were agreed in Resolution No 56 (1997). They are not particularly prescriptive, possibly because the issue had provoked some controversy in discussion: see the Report of the Seventeenth Meeting of the Standing Committee, Doc T-PVS (97) 63 at 6. For the criteria used to draw up the original lists of species included in Appendices I-III, see the Explanatory Report, op cit, n 107, paras 68-81.
154. Lyster at 135.
155. The Appendices are of course amended from time to time; for the consolidated text of the Appendices as at 6.3.97, see 'Appendices to the Convention', Doc T-PVS (97) 4. For later developments, see the Report of the Seventeenth Meeting of the Standing Committee, Doc T-PVS (97) 63 at 6-8, and the Draft Report of the Eighteenth Meeting, Doc T-PVS (98) Misc 1 at 6-7 (the final version of the report was not available at the time of submission of the revised draft of this article).
156. The Appendices are of course amended from time to time; for the consolidated text of the Appendices as at 6.3.97, see 'Appendices to the Convention', Doc T-PVS (97) 4. For later developments, see the Report of the Seventeenth Meeting of the Standing Committee, Doc T-PVS (97) 63 at 6-8, and the Draft Report of the Eighteenth Meeting, Doc T-PVS (98) Misc 1 at 6-7 (the final version of the report was not available at the time of submission of the revised draft of this article).
157. The Appendices are of course amended from time to time; for the consolidated text of the Appendices as at 6.3.97, see 'Appendices to the Convention', Doc T-PVS (97) 4. For later developments, see the Report of the Seventeenth Meeting of the Standing Committee, Doc T-PVS (97) 63 at 6-8, and the Draft Report of the Eighteenth Meeting, Doc T-PVS (98) Misc 1 at 6-7 (the final version of the report was not available at the time of submission of the revised draft of this article).
158. Council Directive 79/409/EEC; OJEC L 103 (25.4.79). The Directive was adopted on 2.4.79, only five months before the Convention. The relevant provision is Article 2.
159. Lyster at 131.
160. Note that the terms 'endangered', 'vulnerable', 'rare' and 'threatened' are used in the Convention in accordance with the definitions established by IUCN: Explanatory Report, op cit, n 107, para 13.
161. Article 4(2).
162. Article 5 is concerned solely with the protection of plant species.
163. International trade is left to be regulated by CITES: see Explanatory Report, para 25.
164. Note that these restrictions apply equally to the capture or killing of Appendix II species where, by way of exception, this has been permitted in accordance with Article 9.
165. For details, see for example, Birds (Summer 1992) at 52; Diamond et al, op cit, n 1 at 130. Note in this context that Article 11 (2)(a) specifically requires the parties to conduct a study, taking into account the experiences of other parties, before attempting such a reintroduction.
166. For details, see for example, Birds (Summer 1992) at 52; Diamond et al, op cit, n 1 at 130. Note in this context that Article 11 (2)(a) specifically requires the parties to conduct a study, taking into account the experiences of other parties, before attempting such a reintroduction.
167. See the Report of the Seventeenth Meeting of the Standing Committee, Doc T-PVS (97) 63 at 16 and Recommendation No 61 (1997). This issue has also been the subject of extended discussion under the Bonn Convention, see the Report of Sessional Committee I, UNEP/CMS/Conf 4(16) at 47; and the Ramsar Convention, see the UK National Report, Vol III, Kushiro Proceedings at 350-1.
168. See the Report of the Seventeenth Meeting of the Standing Committee, Doc T-PVS (97) 63 at 16 and Recommendation No 61 (1997). This issue has also been the subject of extended discussion under the Bonn Convention, see the Report of Sessional Committee I, UNEP/CMS/Conf 4(16) at 47; and the Ramsar Convention, see the UK National Report, Vol III, Kushiro Proceedings at 350-1.
169. See the Report of the Seventeenth Meeting of the Standing Committee, Doc T-PVS (97) 63 at 16 and Recommendation No 61 (1997). This issue has also been the subject of extended discussion under the Bonn Convention, see the Report of Sessional Committee I, UNEP/CMS/Conf 4(16) at 47; and the Ramsar Convention, see the UK National Report, Vol III, Kushiro Proceedings at 350-1.
170. See Doc T-PVS (98) Mise 1 at 21-2. For discussion of the files procedure generally, see the text accompanying ns 169-76, infra, and on the background to this particular controversy in the UK, see Birds (Spring 1993) at 39, (Summer 1993) at 80, (Autumn 1993) at 6, 82, and (May-July 1995) at 4. It has recently been reported that the UK government is to institute regional trials on the control of ruddy ducks: Birds, (Spring 1999) at 58.
171. The group was established in 1992. For a recent report of its work, see Doc T-PVS (97) 16. Following discussion of this report at its Seventeenth Meeting (see Doc T-PVS (97) 63, at 8-9), the Standing Committee adopted Recommendations Nos 57 and 58 (1997) to regulate the processes of introduction and reintroduction.
172. Article 22(1), which conforms to Article 19 of the Vienna Convention on the Law of Treaties. Note that Estonia acceded to the Convention in 1992 without formulating any reservations but subsequently expressed the desire to do so: the Bureau of the Standing Committee advised that the proper course of action was a denunciation of the Convention followed by a fresh acceptance accompanied by the reservations in question: Report of the Meeting of the Bureau (20.5.96), Doc T-PVS (96) 32.
173. Note that if one third of the parties notify objections, the amendment does not enter into force at all.
174. Thus Denmark and Norway registered objections to the January 1991 amendments and France and Greece to those of December 1991: see Amendments entry, MTICS Tr 756.
175. Recommendation 4 (1986). For the text see Texts Adopted by the Council of Europe in the Field of Conservation of European Wildlife and Natural Habitats, Council of Europe Nature and Environment Series, No 40 (1989) at 27.
176. Norway, for example, registered objections with respect to six cetacean species listed in the 1987 Amendments to Appendix II, but later withdrew its objections with respect to three of these.
177. 'Bird-strike' has been a fairly common cause of aeronautical accidents. Note that it has been estimated that there are up to 2,000 incidents of aircraft hitting birds each year in the US alone, and that a Boeing 747 averages one such incident for every 1,000 hours of flying time: N. Faith, The Black Box (1996).
178. It might be argued that the implementation of these exceptions must now be undertaken in accordance with the sustainable development imperatives of Agenda 21. In addition, it is to be remembered that Article 22(1) of the Biodiversity Convention provides that the rights and duties of states under earlier treaties remain unaffected 'except where the exercise of those rights and obligations would cause a serious damage or threat to biological diversity', thus providing a potential restraint on the use of exceptions. Such arguments remain hollow, however, in the absence of some practical mechanism for giving effect to the appropriate priorities.
179. Article 13(4). On the constitution, powers and responsibilities of the Committee generally, see Articles 13-15.
180. No meeting was held in 1994 though by the end of 1998, 18 had been held in total. The Convention entered into force on 1.6.82.
181. Article 13(3).
182. For a full list of participants, see Doc T-PVS (98) Misc 2, Appendix 1.
183. For the current version, see Doc T-PVS (96) 29.
184. By the end of September 1993, for example, only 10 reports had been received for the period 1991-92, though four more were submitted by December: see the Report of the Thirteenth Meeting of the Standing Committee, Doc T-PVS (93) 48 at 12-13.
185. Resolution No 2 (1993), text in Appendix 6 of the Report of the Thirteenth Meeting, ibid.
186. At the Seventeenth Meeting of the Standing Committee in December 1997, it was stated that all the parties had been late in submitting their reports, and that some relating to the period 1993-94 were still outstanding. It was impracticable to discuss reports for the period 1995-96 because too few had been received: Doc T-PVS (97) 63 at 8. By the time of the Eighteenth meeting a year later, still only 40% of the latter category had been submitted. The Chairman found it necessary to remind the parties that submission of these reports represented a legal obligation: Doc T-PVS (98) Misc 1 at 8.
187. Para 11(a) of the Appendix to the resolution.
188. In para 14, ibid, a comparison is expressly made between this expression and the concept of 'public order' in the European Convention on Human Rights 1950.
189. Note that in a recent debate in the European Parliament on the establishment of a uniform date for the closing of the hunting season throughout the EU, French delegates apparently defended the right to hunt 'on the grounds that it was won through revolution and was an integral part of French culture': Anon, 'Hunting of Migratory Birds', (1996) 26(2/3) EPL 93. This perspective has always tended to undermine attempts to achieve effective protection for birds in Europe, the need for which had been recognised long before the adoption of the Berne Convention and the Birds Directive in the form of (i) the enactment of domestic legislation in many countries; (ii) the early conventions discussed above; (iii) a convention concluded in 1970 between the Benelux countries concerning the hunting and protection of birds (text at 847 UNTS 255); and (iv) a series of resolutions adopted by the Committee of Ministers of the Council of Europe: for the texts, see Council of Europe, op cit, n 133 at 39-41. The principal difficulties have always been (i) the adoption of rules of sufficient rigour and (ii) the effective implementation of such measures.
190. Ibid at 42.
191. For discussion of recent problems in France and Italy, see Birds (Autumn 1992) at 14, (Summer 1992) at 7 and (Spring 1999) at 5; and M.C. Maffei, 'The Hunting of the Bird Species Brambling and Chaffinch in Italy: A Story of Inconsistencies', (1995) Eur Env Law Rev 145.
192. For discussion of recent problems in France and Italy, see Birds (Autumn 1992) at 14, (Summer 1992) at 7 and (Spring 1999) at 5; and M.C. Maffei, 'The Hunting of the Bird Species Brambling and Chaffinch in Italy: A Story of Inconsistencies', (1995) Eur Env Law Rev 145.
193. See Doc T-PVS (95) 11.
194. See the Report of the Fifteenth Meeting, Doc T-PVS (96) 23 at 13. The number of reports submitted by the sixteenth meeting had grown but only to 13: Doc T-PVS (96) 102 at 11.
195. See Doc T-PVS (96) 23 at 21 and Appendix 7. For the earlier measure, see Recommendation No 16 on Areas of Special Conservation Interest and for a subsequent report on the implementation of this recommendation, see Doc T-PVS (96) 5. For later developments, note Resolution No 5, establishing detailed rules for the operation of the Emerald Network, Doc T-PVS 98 Mise 2, Appendix 4, and the Decision of the Standing Committee 1997 in response to Recommendation 1310 (1996) of the Parliamentary Assembly of the Council of Europe, concerning European Nature Conservation Year (1995). Note also Resolution Nos 1 (1989) and 4 (1996).
196. For the report of the seminar, see Doc T-PVS (95) 33.
197. See the Report of the Thirteenth Meeting of the Committee, Doc T-PVS (93) 48 at 17.
198. See B. Heredia, L. Rose and M. Painter (eds), Globally Threatened Birds in Europe: Action Plans (1996). Note that several species for which such plans exist, including the white-headed duck, corncrake, great bustard and slender-billed curlew, are the subject of discussion elsewhere in this article.
199. For the Group's report, see Doc T-PVS (97) 15 and for discussion of it by the Committee, see Doc T-PVS (97) 63 at 11-12. Appendices 11 and 14 to the latter document contain respectively the text of Recommendation No 60 and the rivised terms of Reference of the Group of Experts.
200. See R.J. Nayar and D.M. Ong, 'Developing Countries, "Development" and the Conservation of Biological Diversity' in Bowman and Redgwell (eds), op cit, n 38, especially at 236-41.
201. See C. de Klemm, 'Berne Convention', (1990) 20(1/2) EPL 25, 28.
202. All species of the family Caprimulgidae and the sub-family Sylviinae are listed in Appendix II.
203. Diamond, op cit, n 1 at 356-7.
204. R v Poole BC ex parte Beebee et al [1991] JPL 643. See also M. McCarthy, 'Housebuilding will be Allowed on Wildlife Site', The Times, 22.12.90.
205. See 'Current Topics' [1991] JPL 505; The Times, 14.3.91; Birds (Summer 1991) at 12, where it is stated that this was the first planning consent to be overturned in this way since 1974. Note that the EC subsequently provided funding of some £421,000 to assist conservation work on the Dorset heathlands: Birds (Autumn 1992) at 20. The Committee's file on this matter was closed in 1993, despite NGO reservations: see the Report of the Thirteenth Meeting, op cit, n 154 at 23-5. Further concerns regarding threats to the Dorset heathlands, arising principally from road construction, residential development and the high incidence of fires, surfaced at the seventeenth meeting: see Doc T-PVS (97) 63 at 21-2. Following an on-the-spot visit on behalf of the Committee, a recommendation was adopted at the eighteenth meeting containing 26 proposals for the effective conservation of the area: see Doc T-PVS (98) Misc 1 at 22-3.
206. See 'Current Topics' [1991] JPL 505; The Times, 14.3.91; Birds (Summer 1991) at 12, where it is stated that this was the first planning consent to be overturned in this way since 1974. Note that the EC subsequently provided funding of some £421,000 to assist conservation work on the Dorset heathlands: Birds (Autumn 1992) at 20. The Committee's file on this matter was closed in 1993, despite NGO reservations: see the Report of the Thirteenth Meeting, op cit, n 154 at 23-5. Further concerns regarding threats to the Dorset heathlands, arising principally from road construction, residential development and the high incidence of fires, surfaced at the seventeenth meeting: see Doc T-PVS (97) 63 at 21-2. Following an on-the-spot visit on behalf of the Committee, a recommendation was adopted at the eighteenth meeting containing 26 proposals for the effective conservation of the area: see Doc T-PVS (98) Misc 1 at 22-3.
207. See 'Current Topics' [1991] JPL 505; The Times, 14.3.91; Birds (Summer 1991) at 12, where it is stated that this was the first planning consent to be overturned in this way since 1974. Note that the EC subsequently provided funding of some £421,000 to assist conservation work on the Dorset heathlands: Birds (Autumn 1992) at 20. The Committee's file on this matter was closed in 1993, despite NGO reservations: see the Report of the Thirteenth Meeting, op cit, n 154 at 23-5. Further concerns regarding threats to the Dorset heathlands, arising principally from road construction, residential development and the high incidence of fires, surfaced at the seventeenth meeting: see Doc T-PVS (97) 63 at 21-2. Following an on-the-spot visit on behalf of the Committee, a recommendation was adopted at the eighteenth meeting containing 26 proposals for the effective conservation of the area: see Doc T-PVS (98) Misc 1 at 22-3.
208. See 'Current Topics' [1991] JPL 505; The Times, 14.3.91; Birds (Summer 1991) at 12, where it is stated that this was the first planning consent to be overturned in this way since 1974. Note that the EC subsequently provided funding of some £421,000 to assist conservation work on the Dorset heathlands: Birds (Autumn 1992) at 20. The Committee's file on this matter was closed in 1993, despite NGO reservations: see the Report of the Thirteenth Meeting, op cit, n 154 at 23-5. Further concerns regarding threats to the Dorset heathlands, arising principally from road construction, residential development and the high incidence of fires, surfaced at the seventeenth meeting: see Doc T-PVS (97) 63 at 21-2. Following an on-the-spot visit on behalf of the Committee, a recommendation was adopted at the eighteenth meeting containing 26 proposals for the effective conservation of the area: see Doc T-PVS (98) Misc 1 at 22-3.
209. See 'Current Topics' [1991] JPL 505; The Times, 14.3.91; Birds (Summer 1991) at 12, where it is stated that this was the first planning consent to be overturned in this way since 1974. Note that the EC subsequently provided funding of some £421,000 to assist conservation work on the Dorset heathlands: Birds (Autumn 1992) at 20. The Committee's file on this matter was closed in 1993, despite NGO reservations: see the Report of the Thirteenth Meeting, op cit, n 154 at 23-5. Further concerns regarding threats to the Dorset heathlands, arising principally from road construction, residential development and the high incidence of fires, surfaced at the seventeenth meeting: see Doc T-PVS (97) 63 at 21-2. Following an on-the-spot visit on behalf of the Committee, a recommendation was adopted at the eighteenth meeting containing 26 proposals for the effective conservation of the area: see Doc T-PVS (98) Misc 1 at 22-3.
210. For detailed information regarding this case, see the Memorandum prepared by the Secretariat for the Eighteenth Meeting of the Standing Committee, and the Report by the organisation MEDASSET, Docs T-PVS (98) 43 and 48 respectively. Note that E. Fernandez-Galiano of the Berne Convention Secretariat lists this case as one of the Convention's major failures: see 'A Personal View', (1995) 77 Naturopa 5.
211. For detailed information regarding this case, see the Memorandum prepared by the Secretariat for the Eighteenth Meeting of the Standing Committee, and the Report by the organisation MEDASSET, Docs T-PVS (98) 43 and 48 respectively. Note that E. Fernandez-Galiano of the Berne Convention Secretariat lists this case as one of the Convention's major failures: see 'A Personal View', (1995) 77 Naturopa 5.
212. Recommendation 9 (1987), text in Texts Adopted . . . , loc cit, n 133 at 38. The recommendation contained nine action points for the government to pursue.
213. See the Report of the Thirteenth Meeting, loc cit, n 154 at 17-18.
214. See the Report of the Fourteenth Meeting, Doc T-PVS (95) 26, Appendix 9.
215. Article 18(2)-(5).
216. For discussion of the issue, see Doc T-PVS (98) Misc 1 at 15-17 and the documents referred to in n 163.
217. See the Report of the Thirteenth Meeting, loc cit, n 154 at 11-12, and Appendix 4.
218. The complaint must not be anonymous. The Secretariat is also to take account of 'any procedures that may be pending at national and/or international level'.
219. Loc cit, n 154. The precise nature of these concerns is not apparent from the report of the meeting.
220. See the Report of the Meeting, Doc T-PVS (96) 23 at 7-8.
221. Ibid at 29-33. For subsequent discussion, see Docs T-PVS (97) 63 at 28 and (98) Misc 1 at 32.
222. See Agenda Item 6(3), Docs T-PVS (97) 63 and (98) Misc 1.
223. Loc cit, n 154 at 35-7. See further, Docs T-PVS (96) 102 at 32, (97) 63 at 24-5, and (98) Misc 1 at 31.
224. Recommendation 38 (1992).
225. It is beyond the scope of this article to consider these cases in detail. For a useful summary of the case-law, see L. Kramer, European Environmental Law Casebook (1993) at 163-204, 219-31, 399-407; and for discussion see W.P.J. Wils, 'The Birds Directive: 15 Years Later', (1994) 6 JEL 219. For examples of more recent cases, see Association pour la Protection des Animaux Sauvages and Ors v Prefet de Maine-et-Loire and Prefet de Loire Atlantique [1994] Env LR 254; R v Secretary of State for the Environment ex parte RSPB [1996] 3 CMLR 411; Commission v The Netherlands [1999] Env LR 147.
226. It is beyond the scope of this article to consider these cases in detail. For a useful summary of the case-law, see L. Kramer, European Environmental Law Casebook (1993) at 163-204, 219-31, 399-407; and for discussion see W.P.J. Wils, 'The Birds Directive: 15 Years Later', (1994) 6 JEL 219. For examples of more recent cases, see Association pour la Protection des Animaux Sauvages and Ors v Prefet de Maine-et-Loire and Prefet de Loire Atlantique [1994] Env LR 254; R v Secretary of State for the Environment ex parte RSPB [1996] 3 CMLR 411; Commission v The Netherlands [1999] Env LR 147.
227. Fernandez-Galiano, op cit, n 163.
228. See the World Charter for Nature 1980, especially paras 7-11, 16.