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the Republic of Rincossi, where there is a treaty that binds them in protecting
the biodiversity and its components. Permits are issued only if a countrys
Management and Scientific Authorities determine that trade is legal and does
not threaten the species survival in the wild 6. In the given scenario that
there is no permit granting for the transportation of Ivory, hence it is illegal.
CITES is an international agreement which uses trade measures to
protect endangered and threatened species7. In lieu of the objective of
CITES, where Thornon Elephants is included, Article VIII of the said
convention mandates penalization by the parties 8. Aside from Federal State
of Aliya, Republic of Rincossi was signatory also in the said convention, in
that note, it is mandated to criminalize those persons who are liable for the
illegal transportation of ivory.
Also in the Article I of CITES, it states that specimen can be an
animal or a plant, whether alive or dead. The Thornon Elephant belong to
this class of criteria that belong to animal species 9. This animal must be
protected because it is part of the culture of Aliya for it symbolizes the
identity of the country. They are classified in Appendix I of CITES which lists
animals that are threatened with extinction. Ivory clearly amounts to a
specimen which is part of the rare Thornon elephants, thereby itself being
rare. Article II provides that trade in specimens of these species must be
subject to predominantly strict regulation in order not to endanger further
their survival and must only be authorized in exceptional circumstances 10.
CITES requires the States to take measures to provide for the
confiscation or return to the State of export of such specimen, the ivory 11.
The return of the confiscated specimen should take place when the State of
export
has
enforcement
specifically
of
Article I of CITES
Article II of CITES
11
Article VIII of CITES
12
Article VIII of CITES
9
10
the
requested
Convention.
such
return
Therefore,
for
the
Rincossi
purposes
has
of
obviously
disregarded the provision of Article VIII of CITES which makes the obligation
for contracting parties to take appropriate measures in form of penalizing
trade, or possession of specimens included in appendices of CITES. In order
to enforce the provisions of the CITES and to prohibit trade in specimens in
violation thereof12, the law must be follow. Rincossi has refused to return the
ivory to Aliya citing their internal law as a defense, preferring destruction of
ivory than returning it. This refusal amounts to violation of its treaty
obligations and the customary international law, particularly the provisions of
CITES.