4 - Shifting the Burden of Wildlife Protection: The Role of Extraterritorial Jurisdiction in Implementing CITES

Summary

Highlights that addressing biodiversity loss requires more than appropriate laws; it also requires effective enforcement and implementation. However, many of the most biodiverse countries in the world lack the necessary capacity and resources to effectively enforce wildlife protection laws, particularly against increasingly organized and powerful criminal networks. Building the capacity of these countries is an important but incomplete part of a fair and lasting solution; it must be accompanied by action on the part of more developed countries to take responsibility for their role in driving, controlling and perpetrating wildlife crime outside their borders. CITES itself is a landmark agreement in recognizing this responsibility. Countries can fulfil this responsibility by expanding jurisdiction through measures such as trade-based and supply chain regulations and long-arm legislation. These measures can allow more capable countries to take on a larger share of the burden of enforcing wildlife legislation, resulting in more fair, effective and efficient implementation of CITES.