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This chapter introduces the history of range state legal regimes of relevance to pangolin conservation. It examines relevant, “hard” and “soft” international law and assesses their application to conserving pangolins. It details aspects of implementation of international law and the establishment of local laws to protect pangolins; in so doing, it also emphasises the need for cross border cooperation. The chapter then addresses complexities of conservation, from the local to cross-border levels within the poaching-trade life cycle: examining incentives, dis-incentives, deterrents and the wider nature of effective law enforcement. Finally, it scrutinizes deterrents at the higher, global level; advocating that wildlife crime must be regarded in a comparable vein to issues of national security because of its linkages with corruption, money-laundering and other types of syndicated, global crime. The chapter concludes by examining the relevance of the calls to tackle illegal wildlife trade by “following the money.”

Member States of the European Union are increasingly designating marine protected areas (MPAs) to meet globally agreed marine protection targets and regional commitments. A number of studies have examined the impact of the associated European policy on the representation of species and habitats but there is no comprehensive review of their combined impact on marine conservation in Europe. Here a systematic conservation planning framework is used to conduct such a review and compare the existing legislation to three elements of best practice, which are designed to identify MPA networks that achieve conservation goals whilst increasing the likelihood of implementation. In particular, this review investigates the extent to which legislation: (i) translates broad policy goals into explicit targets; (ii) incorporates socio-economic data into the planning process; and (iii) requires a social assessment. Whilst this legislation has widespread political support and has underpinned the rapid expansion of MPA networks, this review shows it largely fails to incorporate these key components from systematic conservation planning. Therefore, if European approaches to marine conservation are to fulfil their goal of halting marine biodiversity loss, it is essential they link existing policy frameworks with transparent strategies that account for local conditions and support implementation.

In situ conservation is central to contemporary global biodiversity protection and is the predominant emphasis of international regulation and funding strategies. Ex situ approaches, in contrast, have been relegated to a subsidiary role and their direct contributions to conservation have been limited. We draw on a variety of sources to make the case for an enhanced role for ex situ conservation. We note the advances occurring within institutions specializing in ex situ conservation and stress that, although much remains to be done, many constraints are being addressed. We argue that the evidence of increasing extinction rates, exacerbated by climate change, challenges the wisdom of a heavy dependence on in situ strategies and necessitates increased development of ex situ approaches. A number of different techniques that enable species and their habitats tosurvive should now be explored. These could build on the experience of management systems that have already demonstrated the effective integration of in situ and ex situ techniques and hybrid approaches. For organizations specializing in ex situ conservation to become more effective, however, they will require tangible support from the institutions of global biodiversity governance. Resistance is anticipated because in situ conservation is entrenched through powerful groups and organizations that exert influence on global conservation policy and facilitate the flow of funding. The chasm that has traditionally divided in situ and ex situ approaches may diminish as approaches are combined. Moreover, the relentless loss of the ‘wild’ may soon render the in situ / ex situ distinction misleading, or even obsolete. Keywords Botanical gardens, captive breeding, climate

The relentless loss of biological diversity, which will have a direct impact on human society and degrade ecosystem buffers against the extremes of climate perturbation, requires a strong global governance response. Of the numerous international legal instruments relating to the protection of nature, the Convention on Biological Diversity (CBD) is the most comprehensive. This paper examines its current emphasis on global biodiversity targets to extend our understanding of its trajectory, and its evolving nature as an instrument of global governance. We review CBD documents, and early examinations of its emergent character, in the context of the distinction between hard and soft law approaches, and combine analysis on the issue of targets from the literature on development, climate change and conservation biology. We emphasise that the CBD, created as a hard law instrument with a framework character, had the clear facility to develop subsidiary hard law instruments in the form of protocols but has not significantly followed this route. We document how its approach – which has been typically ‘soft’, as exemplified by its focus on global biodiversity targets which are not backed up by obligations – suggests it operates de facto as policy rather than an instrument requiring state action. The adoption of global targets has parallels with other initiatives within global governance and may influence international political agendas, but they have failed to provide practical instruments for national implementation. Conditions may now exist for the CBD to develop focussed hard legal instruments in specific areas of its wide remit that support realistic targets.

Biodiversity conservation and poverty alleviation both have moral agendas. World religions have historically advocated ethical and moral codes of conduct, which can be supportive of these objectives. But can religions play a direct role in conservation and development? We examine the potential of religions in facilitating biodiversity conservation and poverty alleviation. A quantitative analysis of countries represented within Conservation International's list of Biodiversity Hotspots suggests a high level of plurality of religious following, but also a significant need for economic development and environmental conservation. Although attitudes of religions toward conservation and development vary widely, and some fundamentalist elements within religions can contradict moral agendas of conservation and development, we suggest that partnerships between conservation and development organizations and mainstream, as well as minor, faith groups might provide a positive force. Such partnerships can render greater public legitimacy and provide capability to mobilize mass support for biodiversity conservation and poverty alleviation.

International trade in wildlife is a major threat to biodiversity conservation. CITES, the Convention on\ud International Trade in Endangered Species of Wild Fauna and Flora, is the primary mechanism for maintaining\ud sustainability in international wildlife trade. Although a comparatively well-designed legal instrument, CITES has been criticised because of its emphasis on regulatory measures and disregard for the economic reality of wildlife trade. Through means of a case study on the trade in pangolins (Pholidota: Manidae) in Asia, we evaluate the CITES approach to controlling trade and demonstrate significant areas to be addressed. These arise because CITES fails to accurately monitor supply, particularly where trade is illegal, it fails to consider the impact of trade controls in realistic terms, and it does little to consider the complex nature of demand or contend with changing market dynamics. To more effectively manage trade we argue that reforms are needed within CITES. Specifically, we highlight improved monitoring of supply (by accounting for illegal and legal trade) and of demand and prices for wildlife (through national wildlife consumption surveys). This information would generate a more holistic understanding of wildlife trade and, if integrated with the Convention’s existing trade database, would allow a more realistic evaluation of the performance of trade controls, and could inform decision-making and the implementation of interventions which go beyond regulation and address demand directly. In a world\ud of rapid economic and social change understanding markets and addressing demand as well as supply is essential to conserving the world’s trade threatened species.

International trade in wildlife is a key threat to biodiversity conservation. CITES, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, seeks to ensure international wildlife trade is sustainable, relying on trade bans and controls. However, there has been little comprehensive review of its effectiveness and here we review approaches taken to regulate wildlife trade in CITES. Although assessing its effectiveness is problematic, we assert that CITES boasts few measurable conservation successes. We attribute this to: non-compliance, an over reliance on regulation, lack of knowledge and monitoring of listed species, ignorance of market forces, and influence among CITES actors. To more effectively manage trade we argue that interventions should go beyond regulation and should be multi-faceted, reflecting the complexity of wildlife trade. To inform these interventions we assert an intensive research effort is needed around six key areas: (1) factors undermining wildlife trade governance at the national level, (2) determining sustainable harvest rates for, and adaptive management of CITES species, (3) gaining the buy-in of local communities in implementing CITES, (4) supply and demand based market interventions, (5) means of quantifying illicit trade, and (6) political processes and influence within CITES.

The Brazil nut industry fits closely with the principal objectives of European policy on development co-operation (poverty reduction linked with environmental protection) and forest conservation (maintaining forest cover). However, European Regulation 1525-98 EC, which decreases acceptable levels of aflatoxins in Brazil nuts to 4 parts per billion, may cause a crash in the Brazil nut trade. Thus, European policies on food quality, development co-operation and forest conservation are likely to work in opposition. Brazil nut producer countries have questioned the legal basis of the Regulation in terms of scientific justification for the stricter limits on aflatoxin content and lack of conformity with international standards set by Codex Alimentarius. The EC has countered by calling for use of the precautionary principle. This paper documents the debate in the context of the World Trade Organisation’s Sanitary and Phytosanitary Agreement and discusses the implications for the relationship between agendas of trade, environment and sustainable development.

An analysis, particularly from the UK and European Community perspectives, of the way in which the law dealing with the conservation of species and habitats has the potential effect, in some cases, of frustrating the comprehensive preservation of biological diversity. It is proposed that this state of affairs may have come about through the emphasis of one species to the detriment of others or through the failure to address comprehensive inter-species and habitat relationships. One of the propositions is that the application of protection to specific species, through conservation and wild animal welfare provisions, has been implemented in an arbitrary manner in the context of biodiversity preservation or in terms of an animal's level of sentiency or position on the phylogenetic scale. Another proposition is that the law has failed to protect and preserve the 'commonplace' in biodiversity and thus risks losing key components of ecosystems. Finally, the analysis examines the way in which traditional practices such as hunting with hounds may contribute to or frustrate biodiversity preservation.

Various states (and groups of states such as the European Community) have adopted legislation designed to raise standards of animal welfare in many areas including agriculture, companion animals, experimentation and testing, transport, and hunting and trapping methods. Much of this legislation has resulted from extensive lobbying and intense political wrangling. Where the legislation affects animals as products (or animal derivative products such as their pelts or their meat), legislators frequently resort to external facing trade measures to support the moral stance taken in the legislative instrument. At this point potential conflicts with the precepts of the multilateral trade regime operated by the World Trade Organisation arise. The extent to which the relevant provisions in the WTO portfolio of agreements (and the predecessor text of the GATT 1947) assist the cause of animal welfare is limited by both the texts themselves and the narrow interpretation of those texts by WTO/ GATT dispute pan...

Many natural habitats exist on privately owned land outside protected areas1, but few governments can afford to enforce or subsidize conservation of this biodiversity. Even in some developed countries, conservation subsidy schemes have only achieved limited success2,3,4. Fortunately, some landowners may be willing to accept management costs in return for other benefits5, although this remains controversial when it involves the killing of charismatic species. For example, participants in British field sports, such as fox hunting and game-bird shooting, may voluntarily conserve important habitats that are required by quarry species6,7,8. Here we report results from a multidisciplinary study that addressed this issue by focusing on three sites across central England. We found that landowners participating in field sports maintained the most established woodland and planted more new woodland and hedgerows than those who did not, despite the equal availability of subsidies. Therefore, voluntary habitat management appears to be important for biodiversity conservation in Britain. Current debates on the future of field sports in Britain, and similar activities globally, may benefit from considering their utility as incentives to conserve additional habitat on private land.

The United Nations Food and Agriculture Organisation (UN FAO) is examining mechanisms to protect the diversity of traditional agricultural systems operating around the world. The project is entitled GIAHS—Globally Important Agricultural Heritage Systems. This article, being the first of two dealing with GIAHS, is based on a report written by the author for the UN FAO in August 2005.2 It analyzes the international legal and policy matrix to assess the level of existing support for GIAHS and to ascertain the gaps in that support. This article focuses on conservation and land tenure and the second will examine intellectual property rights, trade issues, and potential mechanisms to secure the persistence of GIAHS.\ud The approach taken is to deal with particularly relevant aspects of the international regulatory regime rather than to iterate comprehensive details that might, perforce, encompass considerable quantities of text concerned\ud with marginally relevant instruments. Further, there are a number of soft instruments that are not mentioned or dealt with in any detail herein but which support the concept of GIAHS. These are not ignored through lack of value; rather, they have given rise to other expressions of their principles in subsequent instruments, which are dealt with herein. An example of this is the World Charter for Nature,3 which contains text supportive of the concept of GIAHS and which has acted as the foundation for development of an enlightened international approach to the human relationship with the natural world. There are also many instruments functioning at the regional level that are beyond the scope of this analysis.4 For the present, it is appropriate to indicate that regional law and policy will be relevant in context-specific cases\ud as GIAHS sites are established and prior analysis of regional and national laws and policies will be required in each case.

The eastern English Channel, the narrow channel of water separating northern France and southeast England is an area of intense human use of the array of resources concentrated into its relative small area. The vulnerability of living resources and their habitats brought together French and British maritime experts within a common project (called CHARM): to create an atlas of marine resource habitats in the eastern English Channel so as to provide planners and decision-makers with the necessary information to help managing the use of its living and non-living resources. This multidisciplinary and richly illustrated atlas provides abundant information on the legal framework and physical environment; benthic invertebrates, fish and their habitats; fishing activities; and a first attempt at developing a trophic network model (using ECOPATH software) and a marine conservation planning exercise (using MARXAN software, at a spatial resolution of 25 km(2)). Although most of the data used were collected elsewhere, some were collected especially for the project. Similarly, most of the analyses performed on the data where entirely original for this geographical area. The CHARM atlas has significantly improved the knowledge about the eastern Channel while contributing to the recognition that such holistic or multidisciplinary approaches to exploited marine systems are necessary to efficiently and durably manage their resources use., La Manche orientale, ce bras de mer qui sépare l’Angleterre de la France, est une zone très riche d’un point de vue écologique et soumise à une forte utilisation anthropique d’une gamme de ressources concentrées sur une superficie relativement faible. La fragilité des ressources marines vivantes et leurs habitats a rassemblé des experts maritimes français et britanniques autour d’un projet commun (nommé CHARM) dans le but de réaliser un atlas des habitats des ressources marines de laManche orientale. Cet atlas contient les informations nécessaires aux planificateurs et décideurs pour une meilleure gestion des ressources marines, vivantes ou non. Dans ce document pluridisciplinaire, richement illustré, on peut trouver des informations sur le cadre juridique et l’environnement, les invertébrés benthiques, les poissons et leurs habitats ; les activités de pêche ; et également sur le développement d’un modèle de réseau trophique (utilisant le logiciel ECOPATH) et un premier exercice de planification spatiale de la conservation (utilisant le logiciel MARXAN, à une résolution spatiale de 25 km2). Bien que la plupart des données aient été collectées en dehors du projet, certaines l’ont été spécialement pour le projet. De même, la plupart des analyses faites sur ces données sont entièrement inédites pour cette zone géographique. L’atlas CHARM contribue de façon significative à une meilleure connaissance de la Manche orientale tout en démontrant la nécessité de développer ce genre d’approche intégrée ou pluridisciplinaire sur les milieux marins exploités, afin de fournir les connaissances scientifiques nécessaires pour gérer efficacement et de manière durable l’utilisation de leur ressources.