THE LEGAL HURDLES TO COOPERATION BETWEEN THAILAND AND CHINA IN SUPPRESSING ILLEGAL TRADE IN ENDANGERED SPECIES

Abstract

The paper examines legal obstacles for cooperation between Thailand and China in suppressing illegal trade in endangered species. This trade becomes one of the hot issues of the BRI, since China has become a big market for the products derived from the endangered species, particularly to meet the demands of Chinese traditional medicine.  Both Thailand and China have attempted to enforce the provisions of CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora 1973) to deal with the issue. However, this agreement does not take into account the specific characteristics of Thailand and China.  Under the influence of CITES, crime of the illegal trade is defined in Thailand and China narrowly as the trade in violation of administrative controls. Because administrative laws of Thailand and China are very different, it may affect the effectiveness of cooperation between the law enforcement agencies of these countries. The main suggestion of this paper is that Thailand and China must adopt a broader concept of the crime of illegal trade in endangered species which is not necessarily bound to different administrative regulations. Instead, this crime must be expressed in the general terms of harm to the survival of species. A broader definition of the illegal trade against endangered species will certainly facilitate a successful cooperation between Thailand and China.