ABSTRACT

The CITES non-compliance response system has evolved over several years through COP resolutions and practice. The system uses ‘carrots’, mostly in the form of technical assistance, strongly backed by ‘sticks’, in the form of trade sanctions. Two types of this mixed response can be identified: ‘country-specific’ and ‘species-specific’. Within ‘country-specific’ response, further distinctions can be made between the basic procedure elaborated in 1989 for problem parties experiencing major problems with implementation of the Convention overall (the subject of this chapter) and other procedures that have evolved to address non-compliance by parties in relation to specific issues, notably, lack of national implementing legislation, non-submission of annual reports and non-designation of Scientific Authorities (Chapter 6). Within ‘species-specific’ response, a distinction can be made between the review mechanism that has evolved for significantly traded Appendix II species (Chapter 7), and ad hoc responses for high-profile Appendix I species such as the tiger and rhinoceros (Chapter 8). Enforcement, technical assistance and capacity-building, all means to respond to and prevent non-compliance, are addressed separately in Chapter 9.