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Table 1

Examples of Multilateral Environmental Agreements with Trade Provisions

Conventlon Relatlve to the Preservatlon ot Fauna and Flora in their Natural State, 1933'

Objective: to preserve the natural fauna and flora of the world, particularly of Africa, by means of national parks and reserves, and by regulation of hunting and collection of species.

Trade Provision: prohibits the import and export of trophies unless the exporter is given a certificate permitting export. Parties shall take measures to control and regulate in each of its territories the internal import and export of trophies acquired in a manner not in accord with national law (Art. IX).

Conventlon on Nature Protection and Wildllfe Preservation in the Western Hemisphere, 1940

Objective: to preserve all species and genera of native American fauna and flora from extinction, and to preserve areas of extraordinary beauty, striking geological formation or aesthetic, historic or scientific value.

Trade Provision: provides for the regulation of trade in protected species by the issuance of export permits (Art. IX).

African Convention on the Conservatlon of Nature and Natural Resources, 1968

Objective: to conserve, utilize and develop the soil, water, floral and faunal resources of the African continent.

Trade Provision: for all species, a Party shall regulate trade in and the transport of specimens or trophies, and shall do so in such a manner as to prevent the illegal capture or killing of these. Trade in trophies and transport of specimens of protected species shall be subject to a standard authorization (i) additional to that required for the hunting, killing, capture or collection; (ii) which indicates the destination; (iii) which shall not be given unless they have been legally obtained; (iv) which shall be examined prior to exportation. Parties will make the import and transit of such specimens or trophies subject to the presentation of the authorization required under (i) and confiscate illegally exported specimens or trophies (Art. IX). NOTE: Parties are all members of the Organization of African Unity.

Examples of Multilateral Environmental Agreements with Trade Provisions

Convention on International Trade In Endangered Specles of Wild Fauna and Flora, 1973

Objective: to protect endangered species against overexploitation through international trade.

Trade Provisions: trade of species threatened with extinction (listed in Appendix 1), and trade in species that may become endangered unless trade is strictly regulated (listed in Appendix ll), is authorized by export and import permits approved by the Scientific Authorities of the Parties concerned (Articles lll and IV). Species that a Party identifies as being subject to regulation within its own jurisdiction and as requirin$ international cooperation to control trade (listed in Appendix lll) is subject to an export permit authorized by the Scientific Authority of the Party (Article V). Article XXIII permits a party to exempt itself from the requirements of the convention with regard to a specific species listed in Appendices l, ll or lll. NOTE: CITES builds on a long history of controlling trade in endangered species through the issue of export permits. It adds the twist of requiring an import permit for an export permit to be issued, in order to prevent circumvention to non-Parties.

Montreal Protocol on Substances That Deplete the Ozone Layer, 1987

Objective: to reduce and eliminate man-made emissions of ozone depleting substances.

Trade Provisions: trade provisions affect non-Parties only. Parties are to ban the importation of controlled substances as of January 1, 1991, and ban the export of controlled substances as of January 1, 1993. Parties are also to ban the export of the relevant technology to nonParties. The 1990 amendments, which are not in force, require Parties to ban the importation of CFC-containing products as of January 1, 1993.

SOURCES: GATT (1992) and U.S. Department of State (1991).

1 The signatory countries are: Belgium, Italy, Portugal, Spain, Sweden, United Kingdom, Egypt, South Africa, United Republic of Tanzania and India. For notes regarding certain countries, please consult original source.

2 The signatory countries are: United States, Argentina, Brazil, Chile, Costa Rica, Dominican Republic Ecuador, El Salvador, Guatemala, Haiti, Mexico, Nicaragua, Panama, Paraguay, Peru, Su;iname, Trinidad and Tobago, Uruguay and Venezuela. For notes regarding certain countries, please consult original source.

3 The signatory countries are: Algeria, Burkina Faso, Cameroon, Central African Republic, Congo, Djibouti, Egypt, Ghana, Ivory Coast, Kenya, Liberia, Madagascar Malawi, Mali, Morocco Mozambique, Niger, Nigeria, Rwanda, Senegal, Seychelles, Sudan. gwaziland, Togo, Tunisia, Uganda, United Republic of Tanzania, Zaire and Zambia. For notes regarding certain countries, please consult original source.

4 The signatory countries are: all OECD countries except Greece, Iceland, Ireland and Turkey Argentina, Brazil, Costa Rica, Venezuela, Congo, Egypt, United Republic of Tanzania, Zaire, Zimbabwe, India, Indonesia, Malaysla, Union of Sovlet Socialist Republics and Israel, plus 73 other developing countries. For notes regarding certain countries and for Appendices 1, ll and lll, please consult original source.

5 The signatory countries are: All OECD countries except Turkey; Argentina, Brazil, Mexico, Egypt, Kenya, South Africa, Zambia, Malaysia, Thailand, Union of Soviet Socialist Republics, Bulgaria, Czechoslovakia and Hungary, plus 25 other developing countries. For notes regarding certain countries, please consult original source.