Chaos or coherence? Implementing and enforcing the conservation of migratory species by different legal instruments Dr. Nele Matz, 22 June 2004

Outline Requirements of migratory species conservation International instruments with global scope European approaches to the conservation of migratory species Co-operation and interaction between different instruments Means of enforcement The way forward Max Planck Institute for Comparative Public Law and International Law

CMS Preamble [...] CONVINCED that conservation and effective management of migratory species of wild animals require the concerted action of all States within the national jurisdictional boundaries of which such species spend any part of their life cycle; [...] Max Planck Institute for Comparative Public Law and International Law

Outline Requirements of migratory species conservation International instruments with global scope European approaches to the conservation of migratory species Co-operation and interaction between different instruments Means of enforcement The way forward Max Planck Institute for Comparative Public Law and International Law

International instruments Bonn Convention Fish Stocks Agreement Convention on Biological Diversity Ramsar Convention CITES Max Planck Institute for Comparative Public Law and International Law

Fish Stocks Agreement Article 2: the objective is inter alia: “to ensure the long-term conservation and sustainable use of straddling fish stocks and highly migratory fish stocks through effective implementation of the relevant provisions of the Convention [on the Law of the Sea]” Max Planck Institute for Comparative Public Law and International Law

UNCLOS Article 63: Stocks occurring within the exclusive economic zones of two or more coastal States or both within the exclusive economic zone and in an area beyond and adjacent to it Article 64: Highly migratory species Max Planck Institute for Comparative Public Law and International Law

CBD Article 2: Use of terms "Biological diversity" means the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems. Max Planck Institute for Comparative Public Law and International Law

Ramsar Convention Preamble: [...] Recognising that waterfowl in their seasonal migration may transcend frontiers, and so should be regarded as an international resource; [...] Article 2, para. 6: Each Contracting Party shall consider its international responsibilities for the conservation, management and wise use of migratory stocks of waterfowl, [...] Max Planck Institute for Comparative Public Law and International Law

Outline Requirements of migratory species conservation International instruments with global scope European approaches to the conservation of migratory species Co-operation and interaction between different instruments Means of enforcement The way forward Max Planck Institute for Comparative Public Law and International Law

European approaches Bern Convention EC Directive on the conservation of natural habitats and of wild fauna and flora (FFH-Directive) Max Planck Institute for Comparative Public Law and International Law

Bern Convention (I) Preamble: [...] Recognising that the conservation of wild flora and fauna should be taken into consideration by the governments in their national goals and programmes, and that international co‑operation should be established to protect migratory species in particular; [...] Max Planck Institute for Comparative Public Law and International Law

Bern Convention (II) Article 1, para. 2: Particular emphasis is given to endangered and vulnerable species, including endangered and vulnerable migratory species. Article 4, para. 3: The Contracting Parties undertake to give special attention to the protection of areas that are of importance for the migratory species specified in Appendices II and III and which are appropriately situated in relation to migration routes, as wintering, staging, feeding, breeding or moulting areas. Max Planck Institute for Comparative Public Law and International Law

Bern Convention (III) Article 10: 1 ) The Contracting Parties undertake, [...] to co-ordinate their efforts for the protection of the migratory species specified in Appendices II and III whose range extends into their territories. 2) The Contracting Parties shall take measures to seek to ensure that the closed seasons and/or other procedures regulating the exploitation [...] are adequate and appropriately disposed to meet the requirements of the migratory species specified in Appendix III. Max Planck Institute for Comparative Public Law and International Law

Outline Requirements of migratory species conservation International instruments with global scope European approaches to the conservation of migratory species Co-operation and interaction between different instruments Means of enforcement The way forward Max Planck Institute for Comparative Public Law and International Law

Mediterranean Monk Seal Monachus monachus Mediterranean Monk Seal Max Planck Institute for Comparative Public Law and International Law

Outline Requirements of migratory species conservation International instruments with global scope European approaches to the conservation of migratory species Co-operation and interaction between different instruments Means of enforcement The way forward Max Planck Institute for Comparative Public Law and International Law

Outline Requirements of migratory species conservation International instruments with global scope European approaches to the conservation of migratory species Co-operation and interaction between different instruments Means of enforcement The way forward Max Planck Institute for Comparative Public Law and International Law

The Way Forward Closer and formalised co-operation by institutions and states, e.g. by joint working programmes Systematic information and data exchange Incentives for the conservation of migratory species Max Planck Institute for Comparative Public Law and International Law

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