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 11Part D. D. Selected Global Trade and Customs Problems11.Trade with other prohibited goods such as narcotics, endangered species, tuna, blood diamonds, cultural goodsThis 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.


JUB Int. Trade Law Lecture 11Trade in NarcoticsEverybody 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.


JUB Int. Trade Law Lecture 11Trade in Narcotics IISo 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...


JUB Int. Trade Law Lecture 11Trade in Narcotics IIIBy 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.


JUB Int. Trade Law Lecture 11Trade in Narcotics IVStates 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...


JUB Int. Trade Law Lecture 11Trade in Endangered SpeciesThere 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...


JUB Int. Trade Law Lecture 11Trade in Endangered Species IIIn 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...


JUB Int. Trade Law Lecture 11Trade in Endangered Species IIIThree annexes list species and thereby rules for export and import are implemented:Annex I: contains species that are endangerd by extinction – commercial trade is prohibitedAnnex II: contains species that may be traded but may in future be endangered by extinction – trade must be controlled by help of permitsAnnex III: contains species that are endangered out of point of view of country of origin only...


JUB Int. Trade Law Lecture 11Trade in Endangered Species IVBut 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...


JUB Int. Trade Law Lecture 11TunaTuna 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$...


JUB Int. Trade Law Lecture 11Tuna IIWild 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...


JUB Int. Trade Law Lecture 11Tuna IIIAtlantic 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.

http://www.icatt.int/


JUB Int. Trade Law Lecture 11Tuna IVMore 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...


JUB Int. Trade Law Lecture 11Blood Diamonds – Kimberley ProcessDiamonds 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...


JUB Int. Trade Law Lecture 11Blood Diamonds – Kimberley Process IIDiamonds 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...


JUB Int. Trade Law Lecture 11Blood Diamonds – Kimberley Process IIIThe 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...


JUB Int. Trade Law Lecture 11Export of Cultural GoodsCultural 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?


JUB Int. Trade Law Lecture 11Export of Cultural Goods IIThere 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...


JUB Int. Trade Law Lecture 11Export of Cultural Goods IIIThere 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...


JUB Int. Trade Law Lecture 11Export of Cultural Goods IVThe 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


JUB Int. Trade Law Lecture 11Export of Cultural Goods VThe 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


JUB Int. Trade Law Lecture 11Export of Cultural Goods VIThe 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)

Education

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