Das Washingtoner Artenschutzabkommen (WA)

The 1973 Washington Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) has been labeled »one of the most successful instruments of international environmental law«. Global challenges in this field persist, however – especially illegal wildlife trafficking, as highlighted at this year's CITES meeting in Johannesburg. On the occasion of the 40th anniversary of the Convention's entry into force in Germany (now applied largely through EU directives and regulations), this article traces its evolution from a classical treaty instrument towards a dynamic institutionalized regime, several of whose features have indeed served as a model for other multilateral environmental agreements, including the expanding law-making role of the Conference of the Parties, and the functions of the secretariat in monitoring compliance. Yet, other innovative features of the CITES regime have remained unique in terms of international practice, such as the extensive use of trade sanctions, in the form of collective embargoes as retorsion measures against non-compliance with treaty obligations. While acknowledging the effectiveness of some of the lessons learned in implementing the Convention, the article concludes on a cautionary note, in light of recent case experience with a marine species (North Pacific sei whales) endangered for what are primarily diplomatic reasons.