Critical Appraisal on Convention on International Trade in Endangered Species of Wild Flora Fauna, 1973
Convention on International Trade in Endangered Species of wild Fauna Flora,
1973- A critical appraisal
Abstract
The appraisal of the convention brings about various measures taken for the restrictions
brought about the trading of rare and endangered species of flora – fauna in the year 1973.
According to the recent figures taken out regarding the animal species, it has been stated that
around 800 of the species are extinct and over more than 1500 species are facing the danger
of extinction. The reasons for the extinction of various species is because of various
environmental factors such as increasing of pollution, change in the lifestyle of humans and
various other factors leading to the constant destruction of the forest cover. This convention
consists of three basic principles which are self explanatory in nature.
Apart from the working of the convention, the terminologies such as flora and fauna needs to
be understood. The appraisal also talks about the importance of trade of such endangered
species because of such material products which are obtained from such plant and animal
species. It also states about the exceptional circumstances in which the trade of such species
could be done. In this convention the word trade does not refer to the simple trade, but also
includes export, import and also doing the marine examination of flora and fauna whether
their trade is beneficial to human beings in various ways.
The conclusions drawn through this appraisal is to mend out innovative ideas for smart
trading of such endangered flora and fauna .
According to the available figures, around 750 species of the world flora and fauna are
declared to be extinct and around 1000 species are facing the danger of extinction .A lot of
marine species most commonly hunted are fishes are also depleting day by day because of
their indiscriminate hunting. Thus a convention was introduced in the year 1973 to overcome
,rather ban such indiscriminate hunting of species as because of this our ecosystem is getting
affected. It was stated in the convention that wild flora and fauna are a gift to mankind,
therefore they should be conserved and ban should be imposed on their undesirable trading.
The two terms flora and fauna are such terms which are used in the field of biology for plants
and animals . To be more specific, the term flora is used for plant species and the term fauna
is used for animal species.
Necessity of the Convention
The urge of this convention was felt because of the danger which has been constantly faced
by the species who are been declared as endangered and some other species which are on the
verge of extinction. It was noted that thousands of fish species of Northern America have
reached to very worse point of extinction due to indiscriminate fish hunting and so also it has
been observed that there was recorded a decrease of 70% of the species of birds in the
ecosphere.
Therefore, a Convention was organised in 1973 to ban those destructive activities and
restrictions should be imposed on the international trading of rare and endangered species of
flora and fauna.
The module of this Convention is so designed that it consists of 16 Articles and 3 Schedules .
It also works on the concept of sustainable development which has been considered as a right
way for the protection of environment for the future.
The motive behind the organisation of the Convention was to ban such uncontrolled hunting
and proper directions should be provided that trade of such species should be done in
exceptional circumstances only . The meaning of the word refers in the same sense as in
relation to goods.
Why trade of such endangered species only?
This question needs to be pondered in a very critical sense. There are around one million
species of flora and fauna present in our ecosphere but why only these few genre of plants
and animals who are on the verge of extinction. The reasons is that these animals and plants
are not only used for trade purposes but also have certain medicinal properties which are
proving useful for the mankind at large. So also some of the cosmetics are made which are
almost consumed daily.
If at all these species are not used for the benefit of mankind, it fills the stomach of man by
their trading because they earn money from it and it becomes a source of livelihood.
Exceptional circumstances in which trade of such species is done
As has been mentioned in the convention that the trade of such species should be done only
in exceptional circumstances. Then what are such exceptional circumstances?. Let’s have a
look :-
• For medicinal purposes
• For the development of cosmetics
• For research purposes if the need arises,
• If man couldn’t find any other means of livelihood
Basic Principles of the Convention and its Enforcement
The Convention on International Trade in endangered species of wild flora and fauna, 1973 ,
consists of the provisions, which are as follows :-
• Strict Regulation of Trading in species which are presently in danger :-
Schedule I consists of list of all those species which are presently at the verge of e
extinction and which are adversely affected by their unregulated trading. These are to be
traded only in exceptional cases. The trading of such species shall be possible only through
licensing and license shall be granted only after the following conditions are complied –
It should be certified by expert scientist authority of the exporter country that the sample has
not been obtained in contravention of the laws framed for the protection of wild life and flora
and fauna.
A similar certification will be necessary from the Managing Authority of the exporting State.
The Managing Authority of the importing country should be satisfied by shipping and
transportation of the sample of wild life or flora fauna is done in a manner that it does cause
any damage or cruelty to the specie and it is not destroyed
• Strict Regulation of Trading in endangered wild life and flora – fauna
Schedule II of the Convention includes all those species of wild life and flora fauna which are
not instantly in danger of extinction but may be endangered unless strict trading regulations
are enforced to protect their survival. Trading in such species will also require pre- export
license permit or re-export license permit, as the case may be. The certificate for trading shall
be with the permission of the scientific authority appointed for the purposeRegulation on trading of the species, which it is possible to preserve –
Schedule III of the Convention enlists those species of wildlife and plants which may be
saved and preserved from extinction by preventing their exploitation through regulatory
measures. Such species are identified by State which imposes restriction on their trading with
the consent of the importing State.
The regulations on trading of these species and their export, import and marine entry are not
as strict as those of the species falling under two previous Schedules.
Article 7(I to VII) of the Convention contains provisions relating to licensing, permission and
certification, which the trading states are expected to follow. Any violation of these
provisions shall be punishable.1
List of Endangered Species used for trade and also for certain products
Generally it has been witnessed in common parlance that animals are mostly traded for
having found medicinal properties in their body parts which are found beneficial for the
treatment of human beings. Some of such species examples are as follows –
• Rhinoceros – The hunting of rhino has increased to such an extent that they are facing
the danger of extinction. They have some ingredients in their body which were used
in such medicines to relieve fevers and low blood pressure. These medicinal
ingredients are found in the horn of the rhinoceros. The horns of this animal has also
been used for the manufacturing of such medicines which also help to cure the
terminal liver cancer.
• Water Buffalo – Though it has been acknowledged by the ecologists that they have
already become extinct but still some of the species have been found in places like
Cambodia where they have been constantly hunted as they have been found to be an
alternative to Rhino horn which can be used for the treatment of fever.
• Chinese Alligator – These type of alligators are found in the Anhui province of China,
where the Yangtze river flows. They are in the category of wild species and are fewer
than 200 . The meat of this alligator is very useful for the treatment of cold and also helps in prevention of cancer.
• Asian Elephant – These elephants are such type of species which are very easily prone
to hunting unlike African elephants and that to only male species. Their whole body
part is useful to the human beings. They are the meat, hide, tusks and also other body
parts. In some parts of Mynamar, the species of foot of elephants are used in the
treatment of hernias. These species should be used for trade in a judicial way as it is
greatly affecting the ecosphere.
• Musk Deer – These species are declining to such an extent that only seven are alive in
the whole ecosphere and would soon be extinct because of the adverse surviving
conditions created by humans. They are basically killed for their musk pods, the
substance which they obtain from it is used for the manufacturing of perfumes.
Through trading of such musk, they get around $200. Other than from manufacturing
perfumes, it is also used for having certain medicinal properties which helps in the
treatment of heart, respiratory problems etc.2
As can seen from the points discussed regarding the appraisal of the convention, it can
be stated that the purpose of the organisation of the Convention could only be
achieved if the utilisation of the resources ( wild flora and fauna) could be done in a
judicial way. Some of the fruitful measures which can be taken at the international
level is that (1) one should switch to alternative techniques than to unnecessarily trade
the wild for just medicinal purposes as can seen that 90% of the species which are
facing the danger of extinction are mostly traded for preparing medicine (2)
Environmental conditions should be made susceptible for the survival of such species
that they do not get extinct from the ecosphere.
(3) One should adopt eco friendly
techniques so that environmental issues can be resolved to a greater extent
(4) Man
should adopt other means of livelihood other than trading of wild species.
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