Implementation of CITES for Thailand’s Problem Wildlife Trade

Abstract

This research aimed (1) to identify the background, concepts and theories related to wildlife trade, (2) to study the principles of Thai law in accordance with Wildlife Conservation and Protection Act B.E. 2562  (2019) regarding wildlife trade controls, (3) to study the wildlife trade controls in compliance with the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) as well as Canadian laws  by comparing it with the Thai laws based on the Wildlife Conservation and Protection Act B.E. 2562 (2019), (4) to examine problems and flaws in enforcement of CITES through Thai law against illegal wildlife trade (5) to synthesize guidelines, new body of knowledge, and methods for amending Thai laws for effective implementation of CITES with respect to wildlife trade controls. conducted through the use of official documents

This legal research was conducted using a quantitative approach which included a documentary research method to study official documents concerning Wildlife Conservation and Protection Act B.E. 2562 (2019), as well as Ministerial Regulations, Notifications, orders and CITES.  Related information from articles, journals, theses, and online documents published both domestically and overseas was also collected and studied. The author systematically collected the data, presented them in the literature review and the research process, then through the use of analytic - synthetic methods obtained information to be used as a guideline in proposing an amendment to the laws on the wildlife trade controls in accordance with CITES implementation in Thailand.

The findings revealed that (1) Controlling wildlife trade is extremely significant because wildlife is deemed one of the national resources that helps in maintaining the eco-logical balance of nature. Without effective control measures, species with high market value will be threatened with extinction.  Besides, wildlife populations are in freefall around the world, driven by human overconsumption, having negative impacts on the ecosystem.  Once damaged, restoration and repair of ecosystems is infamously difficult and costly; (2) Although Thailand has ratified the CITES since 1983, which included proposing new legislation and making amendments to the law several times in order for many species on the list of CITES to be protected, those species are still not protected domestically as they should be. Wildlife Conservation and Protection Act B.E. 2562 (2019) apparently cannot protect all of the species listed under the CITES; (3) The comparative study conducted indicated that in Canada, the Convention is implemented through the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, resulting in more effective enforcement.  Although CITES has no specific principles regarding domestic trade on species list, Article VIII of the Convention mentions the enforcement of CITES at the national level, requiring each participating state to implement the provisions of the Convention through their domestic legislation as well as to take appropriate measures to comply with the implementation; 4) It was found that Thailand still enacts laws which are not compatible with the Convention, such as the inconsistency between the lists of species on CITES and Thailand's list and the absence of domestic trade regulations for CITES-listed species in Thailand. (5) It is necessary that an amendment be made to Thailand’s laws concerning domestic wildlife trade to ensure that the endangered species law remains effective in implementing CITES.