Jacobs University Bremen International Trade Law - Lecture 11: Narcodics, Endangered Species and Tuna

JUB International Trade Law
Scope of Lecture 11
Spring Term 2011
Dr. Carsten Weerth BSc (Glasgow)

Lecture by Dr. Carsten Weerth BSc (Glasgow)
JUB Int. Trade Law Lecture 11
Part D.
D. Selected Global Trade and Customs
Problems
11.Trade with other prohibited goods such
as narcotics, endangered species, tuna,
blood diamonds, cultural goods
This lecture focusses on the problem of trade
with narcotics, endangered species, tuna,
blood diamonds and cultural goods. Different
multilateral agreements for these purposes will
be introduced.

Trade in Narcotics
Everybody knows that narcotics are of
importance for medicine (therefore they are
realy drugs and can be useful when handled
with care) but they are mostly known for fun
reasons where users are addicts to marihuana,
cocain, opium, etc. - they often die from their
addiction. There is a huge trade in narcotics
which are illicit in most countries (but not all,
see the Netherlands in the EU!) by criminals.

Trade in Narcotics II
So apparently countries are judging the trade in
and use of narcotics differently – ranging from
no problems at all (see The Netherlands) to
death penalties (see some arabian states and
Singapore).
Police forces and customs administrations
around the world are together with INTERPOL
trying to stop and hinder the trade in narcotic
drugs, but organised criminals are finding
ways...

Trade in Narcotics III
By help of different agreements the signatury
states are hoping to fight the trade in narcotics:
- Single Convention on Narcotic Drugs as of 30
March 1961 (180 Contracting parties) covers
opium, coca and derivates such as morphine,
heroine and cocaine,
- Convention on Psychotropic Subsances as of 21
February 1971 (175 Contracting parties), that
covers all other psychoactive drugs such as
amphetamine, barbiturates, benzodiazepines and
psychedelics.

Trade in Narcotics IV
States are imposing different penalties on the use
and trade of narcotics ranging strongly between
acceptance to use (see The Netherlands) and
death penalty even for small ammounts (see
Singapore and some arab countries).
Customs and police forces are trying to combat
drug trade (e.g. Nairobi Convention,
Johannesburg Convention) but organized crime is
rich and employs speed boads and submarines...

Trade in Endangered Species
There is a strong trade in animals and plants,
such as whales, tiger parts, bear parts, hunter
trophies (lion hides, etc.), even sea horses...
Of course there is the trade in tropic wood (for
furniture or some other waterproof application).
Some species is severly endangered due to its
use by mankind and the resulting trade.
However most species simply are endagered
by habitat loss...

Trade in Endangered Species II
In 1973 many nations signed an Convention on
International Trade in Endagered Species of
wild flora and fauna (CITES).
About 175 nations have signed CITES.
CITES allows the trade of all listed species
(there are three annexes I, II, III) when there
are permits issued (so a lion may be killed if it
is in a certain quota for a certain country).
Sounds complex...

Trade in Endangered Species III
Three annexes list species and thereby rules
for export and import are implemented:
Annex I: contains species that are endangerd
by extinction – commercial trade is prohibited
Annex II: contains species that may be traded
but may in future be endangered by extinction
– trade must be controlled by help of permits
Annex III: contains species that are
endangered out of point of view of country of
origin only...

Trade in Endangered Species IV
But how are species sorted into annexes I to
III? There are scientific working goups of
CITES which are following the population
developments...
And of course there are the bianual
Conferences of Parties (CoP) which are
meetings of all 175 and more member states
NGOs which are discussing (and and making
deals) of the listing and delisting of species...

Tuna
Tuna is a fish that is highly valued all over the
world as part of pizza, pasta and in particular in
Japan where tuna is in tremendous demand for
sushi (so called sashimi)!
On japanese fishmarkets single blue fin tuna
are sold for as much as 400.000 US$...

Tuna II
Wild tuna is now being hunted by help of
fast small boats and helicopters, many fish
farms are trying to farm tuna due to its high
selling price...
Tuna is in danger of being fished out soon
because it has no chance to recover from
young tuna – the human appetite for tuna is
apparently destroying its future...

Tuna III
Atlantic tuna shall be conserved by help of
ICATT:
The International Commission for the
Conservation of Atlantic Tunas is an inter-
governmental fishery organization respon-
sible for the conservation of tunas and tuna-
like species in the Atlantic Ocean and its
adjacent seas, see http://www.icatt.int.

Tuna IV
More than 40 contracting parties are using
ICATT, even important fisheries nations
which are not situated in the atlantic such as
China...
Quotas shall help.
But who or which entiety enforces the Law
on the high seas?! There are controls in
coastal waters, mind...

Blood Diamonds – Kimberley Process
Diamonds are a rare commodity that is
dearly in demand – highly priced nice shiny
stones for eternity (in some societies it is a
symbol for love, in others for earthly riches)
Africa is the most important source of raw
diamonds. However political and ethnical
turmoils are leading to fierce fights over the
diamond mines and big stones...

Blood Diamonds – Kimberley Process II
Diamonds are mined under severe working
conditions and warlords are gaining a
tremendous income by the trade in raw
diamonds. They are smuggled out of the
country over green tropical frontiers and sold to
traders. Many civil wars and conflicts have
been financed by help of these so called Blood
diamons.
The Kimberly Process is trying to help...

Blood Diamonds – Kimberley Process III
The Kimberly Process Convention (KPC) was
signed by about 50 countries yet. It comprises
the producing nations as well as the using
nations of diamonds (e.g. India, EU, US).
The KPC introduces a certificate system –
only certified raw diamonds can be traded
(exported and imported legally). These
certificates must be issued by competent
authorities. Without certificate exportation and
importation is not allowed...

Export of Cultural Goods
Cultural goods represent the knowledge and
heritage of mankind. But who is the owner of
this cultural goods?
What about pharao Nefereti or a bible from the
German printer Guttenberg? What about a
artefacts from the chinese desert or from
Turkey? Who owns old coins in a spanish ship
that is shipwrecked in the carrebean sea (off
Mexico? Who owns dinosaur bones from the
Sahara desert?

Export of Cultural Goods II
There are two answers:
1. Pharao Neferetis bust is in a musee in Berlin
and Egypt is claimig it back. Many treasures
are in the Lourvre of Paris and elsewhere in the
lockups of musees and private collectors.
Grave riders are stealing culteral goods and
sell them to smugglers, even scientists were
regularly taking scientific "prizes" home like
artefacts or bones...

Export of Cultural Goods III
There are two answers:
2. Many nations are trying to prevent the loss
of culteral goods by help of national legislation.
They either forbid the export or ask for previous
applications and then control the export by help
of export permits from competent culteral
authorities... Therefore they try to control the
export of cultoral goods, however where is
money, there are ways... Bribing officers...

Export of Cultural Goods IV
The nations are trying to control this global
problem by help national legislation only
(that means that every nation is cooking its
own soup)...
UNESCO is particularly caring for cultural
issues: UNESCO Database of National Cultural
Heritage Laws,
http://portal.unesco.org/culture/en/ev.php-
URL_ID=33928&URL_DO=DO_TOPIC&URL_SECTION
=201.html

Export of Cultural Goods V
The database contains:
➢ national laws force related to the protection
of the cultural heritage in general;
➢ import/export certificates for cultural property
(available on request);
➢ official or unofficial translations of national
laws and certificates;
➢ contact details
➢ addresses of the official national websites

Export of Cultural Goods VI
The nations however have agreed in 1954 to
sign the Hague convention on the protection of
cultural goods in armed conflicts.
However in particular in times of turmoil and war
cultural goods are in particular danger in real live.
It can be concluded that this topic is treated
differently in different countries and the penalties
of offences are differing strongly as well
(sometimes draconic)

Jacobs University Bremen International Trade Law - Lecture 11: Narcodics, Endangered Species and Tuna

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Jacobs University Bremen International Trade Law - Lecture 11: Narcodics, Endangered Species and Tuna