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

2. 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

3. 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

4. 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

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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

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

17. 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

18. 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

19. 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

20. Thank you for your attention!
Max Planck Institute for Comparative Public Law and International Law