Chapter Seven The Role of the Convention on Biological Diversity in Combatting Wildlife Trafficking

Conserving biological diversity is a complex task and requires a multidisciplinary approach. Wildlife trafficking is one of the problems endangering biological diversity. The Convention on Biological Diversity is an international treaty and aims at protecting biological diversity as a whole. It offers instruments that are meant to consider many of the reasons for the decline in biological diversity such as wildlife trafficking. Through domestic implementation the goals of the Convention on Biological Diversity are translated into national guidelines and laws. To successfully prevent wildlife trafficking it is necessary to make use of the full potential of the Convention on Biological Diversity and tackle the problems on the grounds of legal, environmental, as well as ethical considerations.


I. Introduction
There is widespread agreement that wildlife trafficking and associated forms of 'wildlife crime' pose a serious threat to biological diversity. 1 Demand for plants, animal parts and other derivatives threatens thousands of wild species of flora and fauna. 2 One of the pervasive consequences of wildlife trafficking is that numerous species becoming threatened with endangerment or extinction. 3 A critical component to addressing wildlife trafficking on a global scale is to enhance the protection of biological diversity. 4 This chapter examines the role of the Convention on Biological Diversity in relation to wildlife trafficking. 5 Specifically, this chapter evaluates the present and potential ability of the Convention on Biological Diversity to prevent loss in biodiversity caused by wildlife trafficking. This chapter shows that whether States Parties to the Convention will implement internal measures to prevent and suppress wildlife trafficking primarily depends on the internal politics and priorities of the state in question. 6 Part II of this chapter provides a discussion of the meaning of biodiversity in the context of the Convention on Biological Diversity. In addition, this part addresses the relationship between biodiversity loss and wildlife trafficking. Part III provides a detailed review of the aims and structural elements of the Convention on Biological Diversity, including its implementation and relationship with other relevant international conventions, especially the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). 7 Part IV assesses the current problems which impede the effective prevention of wildlife trafficking, and offers insights as to how the Convention on Biological Diversity may contribute to the international and domestic responses against wildlife trafficking.

Protecting biological diversity
Biodiversity under the Convention on Biological Diversity refers to the entire range of life existing on this planet, including ecosystems, plants, animals, and micro-organisms. Biodiversity also comprises the diversity of species, the genetic differences between species, and the variety of ecosystems. 8 Biodiversity provides indispensable services for society. 9 Only the various forms of life and their interrealtedness have made earth habitable. 10 Biodiversity provides essential necessities for human life, such as clean air, water, food, natural medicines, fertile soil, and other natural resources. 11 There are scientific, economic, and ethical components associated with the protection of global biodiversity. 12 Clearly, from an economic perspective, significant value can be placed on the natural environment in terms of services it provides to humans. 13 The conservation of biological diversity is said to be an economically sound investment. 14 The decline, respectively the permanent extinction of certain species and subspecies comes at much a greater cost in comparision. 15

The impact of wildlife trafficking on biological diversity
Global biodiversity loss caused by wildlife crimes, including wildlife trafficking, is comparable to other environmental threats such as global warming and pollution. 16 The pervasive impact of wildlife trafficking includes, inter alia, the poaching and killing of wild species of flora and fauna, the introduction of non-native species through transportation, and through the spread of disease carried in wild species and products. The exploitation of the natural environment by humans is directly linked to the endangerment and extinction of many animal and plant specied. 17 All ecosystems depend on the interaction between animals and plants. 18 For example, animals act as carriers of plant seeds by transporting microbes through fur, feathers or digestive tracts. 19 Additionally, water quality, dung removal, the carbon cycle, decomposition and pollination of plants may be affected by the loss of biological diversity. 20 Amphibians, for instance, contribute to high water quality, 21 mammals crush seeds, 22  III. Characteristics of the Convention

Purposes and content
The Convention on Biological Diversity represents the first global agreement which considers all aspects of biological diversity. 38 The Convention has been described as the key instrument for the conservation and sustainable use of biodiversity. 39 States Parties to the Convention commit to undertake national and international measures aimed at the three purposes of the Convention on Biological Diversity: the conservation of biological diversity, the sustainable use of its components, and the equitable sharing of benefits arising out of the utilization of genetic resources. 40 The Convention on Biological Diversity is a framework agreement. 41 The provisions under the Convention are mostly expressed as overall goals and policies which can be adjusted to domestic legal systems. 42 Besides substantive provisions, some of which are dealt with in more detail belown, the Convention on Biological Diversity also provides for institutional arrangements with regard to further development and for monitoring the implementation of the Convention. 43  of the Parties (CoP), the Subsidiary Body on Scientific, Technical, and Technological Advice and the Secretariat.

Implementation
A complex system of processes and instruments for the implementation of the Convention on Biological Diversity has been developed over time. 44 There is a vast number of different programs of work, guidelines, principles and other Conference of the Parties' decisions governing the Convention on Biological Diversity. 45 States Parties to the Convention on Biological Diversity are obliged to adopt national strategies, plans, or programmes in order to implement provisions of the Convention. 46 They are required to make adjustments in all relevant sectors that touch wildlife trafficking, as far as possible and appropriate, to make sure to be in line with the Convention's goals. 47 Parties fulfil those obligations by establishing National Biodiversity Strategy and Action Plans (NBSAPs). Such plans serve the successful implementation of the Convention's objectives. They name threats to biological diversity specific to each State Party and necessary steps to counter those threats. 48 Measures set out in the Convention on Biological Diversity are translated into national action through theses plans. 49

Chapter Seven
The Conference of the Parties developed the Strategic Plan for Biodiversity 2011 -2020 and the Aichi Biodiversity Targets. 51 These instruments are intended as an inspiration for the parties to put biodiversity-related goals into action. 52 They have, however, been criticised for lacking concrete guidance in developing measures and tools, including legislative instruments, to improve national compliance. 53 NBSAPs are supposed to define and prioritize targets from the Strategic Plan for Biodiversity 2011 -2020 and the Aichi Biodiversity Targets which are of particular importance to the respective country. 54 They outline the required action to meet the identified targets. 55 In addition, NBSAPs should highlight the benefits of biodiversity and ecosystem services regarding human well-being, poverty eradication and national development, as well as the economic, social and cultural values of biodiversity. 56 It must be emphasised that NBSAPs are not binding legal texts. 57 Moreover, NBSAPs are not static. 58 Their implementation is supposed to be evaluated on a regular basis. 59 Based on the results of such assessments, the information gained must be used to improve NBSAPs. 60 They are subject to constant and ongoing development. 61 The Convention on Biological Diversity further provides for a report mechanism. 62  those measures have had so far. 63 However, national reports 64 are not individually examined. The Conference of the Parties merely takes a conclusion on the overall results of these reports which are prepared by the Convention on Biological Diversity's Secretariat. 65 Analysis by the Convention on Biological Diversity's Secretariat rather focuses on quantity (eg the percentage of parties with biodiversity-related legislation in place) than on quality of the reported measures. 66 Generally speaking, it can be said that monitoring national implementation only goes as far as to indicate trends and some best practices but is not used to point out weaknesses of certain states or identify those countries in need of assistance. 67 Inadequate implementation was also one of the reasons leading to the international communities' failure to meet the global target of reducing the loss in biological diversity by 2010. 68 Reasons thereof range from insufficient efforts of implementation and failing to integrate biodiversity issues into broader policies to the ignorance of underlying causes of biodiversity loss, the insufficient consideration of the real benefits of biological diversity and the failure to integrate the costs of its loss into the planning and managing of every human activity that affects biodiversity in any way. 69 Nearly all of the latest reports had to conclude that biological diversity is suffering from ongoing decline. 70 Therefore, the Convention on Biological Diversity's institutional framework is, despite its emphasis on domestic implementation, characterized through the lack of mechanisms to monitor implementation and compliance effectively on the national level. 71

Relationship to CITES
Article 22 of the Convention on Biological Diversity sets out rules for the application of its provisions in relation to other international conventions. Accordingly, where the Convention on Biological Diversity conflicts with another convention, the provisions under the Convention on Biological Diversity prevail if exercising another Conventions's provision would seriously damage or threaten biological diversity. 72 There is one international treaty which needs to be looked at more closely in connection with the Convention on Biological Diversity: CITES regulates international trade of all species listed in its appendices. It aims at ensuring that trade in wild animals and plants does not threaten the conservation of species. 73 CITES regulates the trade in over 35 000 animal and plant species by categorizing them into three appendices. 74 CITES only protects species which are either under serious threat of extinction or are likely to become threatened in the future. 75 Species that are not listed under CITES and therefore not protected against trade. 76 Collaboration with CITES mostly takes place with regard to technical matters. The Convention on Biological Diversity does not occupy a strong role regarding enforcement. The experience of CITES thereof is a valuable source of knowledge for the Convention on Biological Diversity. 77 Wildlife trafficking clearly has negative effects on species conservation which CITES is not always able to tackle effectively, mainly based on its one-sided approach to the matter. One of the Convention on Biological Diversity's purposes is to conserve biological diversity as a whole. 78 Therefore, the Convention on Biological Diversity may step in where the CITES is too weak or unsuitable to ensure the effective conservation of species. Notably, there is little empirical proof of whether trade regulations actually help in conserving species sustainably. 79 Moreover, CITES only sets rules for the international legal trade. It does not address illegal activities as such. 80 Scenarios in which products are illegally traded within one country, meaning not leaving the domestic sphere, are outside the scope of CITES as well. 81 Apart from putting up trade bans for certain endangered species, CITES establishes regulations for the legal trade in species not directly threatened with extinction. This can lead to an increase in the illegal trade as the mere existence of a legal market offers options to infiltrate wildlife illegally. 82 This interplay has the potential to pose a serious danger to the conservation of biological diversity. 83 In the case of such a conflict emerging between provisions of the CITES and such of the Convention on Biological Diversity, Article 22 of the Convention on Biological Diversity needs to be applied which may lead to the non-application of the CITES provision in question. 84 Economic incentives for conservation and sustainable use, the social background of countries obligated to the implementation of anti-wilflife trafficking laws under CITES and the Convention on Biological Diversity play a very important role in assuring effective and sustainable conservation. 85 The integration of these spheres functions as a crucial prerequisite to the effective prevention of wildlife trafficking and is encompassed under the Convention on Biological Diversity. 86

IV. Current challenges
For one, the mere existence of wildlife trafficking and the ongoing decline of biological diversity indicates that the Convention on Biological Diversity did not live up to its goals. Insufficient implementation on the national level Chapter Seven as well as a lack of financial and human resources are key problems. Ultimately, the Convention on Biological Diversity remains a framework agreement. This means, whether or not the necessary action takes place on the domestic level is dependent on the respective domestic instruments as well as the political and moral will on the national level. This in turn requires the acceptance that humans owe a duty towards the non-human species of this planet. 87 Where there are human and non-human or ecological interests involved, history proves that non-human as well as ecological interests are perceived as secondary. As a result, legal instruments commonly treat non-human species as property and prioritise human and especially economic interests over environmental issues. 88 The issues related to the anthropocentric worldview are endless and represent one of the big challenges also regarding the fight against wildlife trafficking. A State's failure to perform full implementation is therefore often based on economic and political considerations. 89 In such cases, the principle of state sovereignty may act as a justification for the states's non-compliance. 90 The enforcement of wildlife laws in particular is inadequate in virtually all jurisdictions. 91 The main reasons for these circumstances are a lack of sufficient human and financial resourcescompared to the resources allocated to mainstream law enforcement agenciesand various conflicts of interests. 92 Additionally, wildlife trafficking is often treated as a strictly environmental matter. The existing legislation for wildlife-related crimes often ignores the multi-faceted nature of these crimes and treats them as minor offences. 93 As a fact, wildlife trafficking often violates various legal fields, such as tax laws, anti-money laundering laws and may also touch upon organized Moreover, wildlife trafficking is often treated reactively, and too little efforts are put into its prevention. 95 There is proof that law enforcement fails to follow up on wildlife traffickers becoming more and more sophisticated and elaborate in their techniques. 96 Further problems are inconsistency of legislations, in sentencing and lack of police priority and inconsistency in policing approach. 97 Especially crime involving non-endangered species is inconsistently dealt with. 98

Ethics and the Convention on Biological Diversity
Never before did society dispose of so much knowledge on the complexity of the social and mental lives of other animals. Today, humans have the ability to understand at least part of the undeniable interdependence between themselves and other life on this planet. 99 Nonetheless, human civilization lives in constant contradiction regarding the relation with non-human beings. 100 Animals are often only protected when their protection serves a human interest. 101 The Convention on Biological Diversity makes no exception and does not assign any direct rights to non-human species. Originally it was proposed to define biodiversity as a common heritage of humankind. 102 However, this conception was rejected. Most of the components of biological diversity can be associated with an area of a certain national 94  jurisdiction. 103 Therefore, firm emphasis has been placed on sovereign rights over biological resources. 104 As a result, a state may determine rules for areas within its jurisdiction and the resources found in those areas. 105 On the national level wild fauna and flora is often qualified as resources that should be preserved for the public good and for the benefit of future generations. 106 At the same time, it is being recognized that the conservation of biological diversity is of common concern to humankind. This implies a common responsibility to protect biodiversity. 107 The Convention on Biological Diversity does address the intrinsic value of biological diversity in its preamble: 'conscious of the intrinsic value of biological diversity […]'. However, it is no coincidence that such a notion is integrated in the preamble, which does not form part of the legally binding provisions of the Convention on Biological Diversity. This reflects that even if there is a certain degree of awareness that non-human species deserve protection for their own sake, society is not ready to actually put this concept into practice. In other words, one can say that the notions governing the Convention on Biological Diversity lead to provisions that regulate the use of wild fauna and flora instead of preventing it. 108 Due to the principle of state sovereignty parties to the Convention on Biological Diversity may also individually define what sustainable use of 'their' national biodiversity means. 109 That is why the status of wildlife differs from country to country and depends on the cultural background of each state. 110

Inherent value of non-human species
It is generally accepted that human beings have an inherent value. Specifically, such value includes attributes as the capacity to make choices, 103  personal autonomy and the ability to act purposively. 111 These traits are said to qualify a life to certain rights. Theoretical reason and empirical evidence prove that at least some non-human species can be attributed with concepts as autonomy, preference, benefit, harm, intention etc. Nonetheless, inherent value, which allows human beings to be viewed as right holders, is not granted to non-human species. To treat a matter of similar importance and of an equal demand for protection in a different way constitutes an injustice. In this context this is a form of discrimination also known as 'speciesism'. 112 It is contended that the effective protection of non-human interests requires non-human species to get recognized as inherently valuable and therefore as right holders. 113 At this point it is important to note that promulgation of a right does not serve the cause if the social environment does not allow the right to be exercised. 114 This notion underscores the importance of involving ethics in working towards a reconstruction of the personal relationship between humans and nature. Ultimately, such a development may contribute to reducing and hopefully eliminating wildlife trafficking.
V. The way ahead

Possiblities
The Convention on Biological Diversity provides several instruments which could be helpful in fighting wildlife trafficking. Generally, crime prevention can be exercised on different levels. 115 Primary crime prevention serves to directly protect the potential target. This can involve taking measures which make it physically harder for an offender to commit the crime or to put the necessary structure in place which intends to catch the criminals while they attempt to commit the crime. This form of crime prevention may also serve a deterrent purpose by displaying the risks involved in committing an offence. 116 To achieve effective primary crime prevention with regard to the illegal trade, it is necessary to identify the circumstances under which the crimes are committed 117 and then decide what measures need to be put into place. According to Article 7 of the Convention on Biological Diversity, each party undertakes steps to identify components of biological diversity which are in need of protection in order to contribute to the overarching goal of preserving biological diversity as a whole. 118 The Conference of the Parties advises parties to take a step-by-step approach, starting with the implementation of Article 7(a) and (c) of the Convention on Biological Diversity. 119 Hence, concerned countries are in a first step held to identify the affected species by illicit trafficking. 120 Moreover, other activities which have or are likely to have significant adverse effects on the conservation of biological diversity need to be identified and their impact monitored. 121 Accordingly, countries should investigate the methods of poachers, smugglers and other individuals, as well as criminal organizations involved in wildlife trafficking. It should be further analysed what impact such activities have on biodiversity.
In addition, in-situ conservation measures, the exchange of information 122 as well as technical and scientific cooperation are of great importance. 123 In-situ measures are provided for under Article 8 of the Convention on Biological Diversity. This provision calls for measures ranging from the establishment of a system of protected areas to the rehabilitation of degraded ecosystems and recovery of threatened species, the protection of natural habitats and the maintenance of viable populations of species in natural 116  surroundings. Of particular relevance in this context are measures such as the establishment of protected areas and corresponding guidelines for the selection, establishment and management of such areas (art 8(a), (b)), the promotion of the protection of ecosystems, natural habitats and the maintenance of viable populations of species in natural surroundings (art 8(d)), the development or maintenance of necessary legislation and/or other regulatory provisions for the protection of threatened species and populations (art 8(k)), the regulation or management of the relevant processes and categories of activities where a significant adverse effect on biodiversity has been determined (arts 8(1), 7(c)), and finally the cooperation in providing financial and other support for measures pursuant to Article 8(a)-(l). 124 Paragraph (l) concerns the mitigation of threats to biological diversity. 125 Clearly, wildlife trafficking constitutes such a threat. The Conference of the Parties highlighted the importance of the exchange of information with regard to Article 8. 126 Moreover, the Conference of the Parties urged the Parties to use reasonable endeavour for regional and international cooperation in the implementation of this article. 127 Measures under Article 8 are supposed to be part of the NBSAPs. 128 As biodiversity-related issues, such as wildlife trafficking, are of a global dimension, 129 it is essential that concerned states inform one another about their individual situations and the action they take to solve their problems. 130 Each experience of another involved party contains valuable information for others faced with similar problems. 131 As a matter of fact, 124 Ibid art 8(m Chapter Seven there is a significant information gap between developed and developing countries in particular. 132 Therefore, Article 17 of the Convention on Biological Diversity requires its parties to exchange relevant information. 133 On a different level, preventive measures may involve addressing social conditions which are linked to a certain type of crime. 134 The Convention on Biological Diversity acknowledges that addressing underlying causes which drive biodiversity loss has been wrongfully disregarded in the past. 135 It is essential that especially NBSAPs consider these factors. This involves the identification and implementation of a system of suited incentives and disincentives under the Convention on Biological Diversity's Article 11, to prevent a loss in biological diversity sustainably. 136 These measures have got to be economically and socially sound. 137 This provision does not obligate the parties to establish incentive programmes as such. 138 Rather, the obligation is to adopt measures which act as a motivator for conservation and sustainable use of biological diversity. 139 With every country having its own background, the system of suitable incentives and disincentives may vary from party to party. 140 Each party needs to work out its own comprehensive system of incentives and disincentives which supports the framework of biodiversity related rules, while it eliminates or minimizes incentives that adversely affect biodiversity at the same time. 141 The most promising mixes of incentives and disincentives seem to be those systems considering quite a number of different policies, levels of 132  government and levels of action (local, national, and international). 142 At the same time, it is important to note that incentives and disincentives mechanisms are not a substitute for conservation laws and other regulatory techniques, but rather means to support and complement those. 143 The Conference of the Parties has developed recommendations which should help the parties in designing and implementing incentive measures. 144 Various sources also keep mentioning the importance of integrating the economic value of biological diversity into national planning and accounting. 145 This may lead business and state authorities to pay greater attention to the welfare of nature if its value, and especially the costs of its destruction and necessary compensation thereof, is made apparent. Another approach may involve lowering tax rates on sustainable alternative products and by allocating subsidies to sustainably harvested productions in order to make the sector more lucrative. 146 Through such measures local communities may become more inclined in fostering the protection of wildlife populations. 147 Above all, crime prevention needs to be addressed in a social context. 148 This includes for example education programmes, as provided for under Article 13, to further consumer awareness of their impact and put social pressure on offenders. A lack of public awareness of the value of biological diversity and its depletion hinders successful conservation. 149  for biodiversity-related topics will lead to more support for conservation measures. 150 Parties are required to promote and encourage the understanding of the importance of biodiversity and its conservation 151 by including them in their NBSAPs. 152 Promotion shall take place in cooperation with the relevant institutions, including non-governmental organisations. 153 The Conference of the Parties urges its parties to allocate the necessary resources to this area. 154 The acceptance of the necessary conservation measures shall be furthered, too. 155 The propagation through media shall be encouraged and biodiversity-related topics shall be immersed into the educational system. 156 One way to approach these matters may include discussions of developing a national biodiversity strategy. 157 This will lead to a biodiversity education action plan. 158 With this course of action, strengths and weaknesses of the existing educational system with regard to biodiversity knowledge can be identified. 159 In addition, this will allow for an overview on cultural, traditional and religious values, knowledge and practices of a specific country, which may prove useful in choosing the suitable educational and awareness-raising options. To sum up, effective prevention of the illegal trade is best achieved through minimising opportunities for illegal activity in combination with the establishment of a suitable system of incentives and disincentives to support the fight against wildlife trafficking as well as raising public awareness of the impact of consumer and producer behaviour. 161 Ultimately, it is important to improve monitoring activity under the Convention on Biological Diversity. Especially the report mechanism 162 should involve an examination of the quality of the domestic measures and thus enable the organs of the Convention on Biological Diversity to offer support and guidance to those countries where weak compliance has been detected.

Ethical approach
Ethics plays an important role in combatting wildlife trafficking and ethical arguments need to be considered in the drafting of international and national wildlife policies and strategies as well as legislation in order to ensure the effectiveness of such instruments. Therefore, ethics should have a prominent place in shaping NBSAPs under the Convention on Biological Diversity.
Rights and regulations are important and need to be put in place in order to fight wildlife trafficking. However, rights alone will not change anything if non-human species are mainly perceived as commodities that generate profits and are used in ways that lie in the interest of humans. Many of the problems the fight against wildlife trafficking is confronted with are tied to the anthropocentric worldview, which in turn is linked to ethical considerations of non-human life. To overcome these obstacles, a fundamental change regarding the relation between the human and nonhuman world is needed. 163 This requires deep changes in how humans empathise with non-human well-being. 164  regimes of today's world. 165 Preventing wildlife trafficking is a multi-faceted quest. Above all, it requires the comprehensive acknowledgment of the inherent value of non-human species which ultimately entitles them to certain rights. What should be aimed at is the human recognition of the beauty and dignity of nature. 166 Hereby a many-sided approach for social, economic and ecological transformation in addition to the legal recognition of the inherent value of non-human species is proposed. 167 The author is aware that this is a lot to ask for. However, the threats and consequences of wildlife trafficking are, as we have seen, numerous and severe. Therefore, a call for drastic action is appropriate. The Convention on Biological Diversity offers many instruments, that have been discussed above, through which this approach could be realized. NBSAPs should include tactics that support and realize interaction and experience with nature on every possible level, like at schools and universities, on the corporate level, with regard to leisure time activities etc. Topics such as ethics, empathy, kindness, sustainability etc. should have a prominent place in shaping NBSAPs.

VI. Conclusion
The long-term prevention of the illegal trade with natural resources calls for a combination of a great number of actions. Supply and demand reduction need to be addressed likewise. 168 This can include deterrence, legal enforcement, behavioural change and the promotion of alternative livelihoods. 169 The NBSAPs constitute the starting point for each country. They must highlight the importance of the prevention of illegal trade in non-human species and acknowledge that only cross-sectoral measures have the potential to lead to permanent solutions. 170 National and international institutions as well as the environmental, enforcement and development sector and stakeholders involved in security and peace 165 Ibid. 166 Ibid. 167 Ibid. 168 Nellemann et al (eds) (n 11) 10. 169 Ibid. 170 Ibid 11. keeping missions need to work more closely together for the prevention of wildlife trafficking. 171 Moreover, the role of ethics can no longer be underrated. The fight against wildlife trafficking will not pay out in the long run if society is not willing to rethink and rebuild its relationship towards each other and the remaining nature, including wildlife. Further research in these fields will be needed in order to develop strategies towards building societies that sustain themselves peacefully through living with nature and not against nature. With its almost global participation, its goal to conserve biological diversity as a whole as well as its broad range of possible measures aiming at this goal, the Convention on Biological Diversity may work as an engine for this project.