AEWA Guidance on Measures in National Legislation for Different Populations of the Same Species, Particularly with Respect to Hunting and Trade

Resolution 4.3 requested the Technical Committee, amongst other things, to advise on a more adequate implementation of the AEWA Action Plan’s population approach in the national legislation, particularly with regard to a ban on hunting and trade, and, if needed, provide guidance on its consequences for Parties. Such guidance may clarify the question how to deal with different populations of the same species in a country.

This task was taken up by the Technical Committee in its Work Plan 2012-2015 under Working Group 1 (WG1). The Technical Committee examined and agreed on this guidance at its 12th meeting in March 2015.

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World Commission on Environmental Law (WCEL)

WCEL works to enhance the development and strengthen the implementation of environmental law and policy, including through best practices and inter-sectoral strategies for effective compliance and enforcement.

WCEL promotes the environmental rule of law globally, particularly in countries that seek to improve their law and governance systems.

WCEL aims to strengthen the capacity of governments, the judiciary, prosecutors, law schools and other stakeholders as they develop and implement environmental law.

AEWA Guidelines on National Legislation

These Conservation Guidelines are intended to assist countries in drafting new legislation, and reviewing and amending their existing national legislation, on the conservation and sustainable use of migratory waterbirds and their habitats. They are written for conservation professionals and officials in conservation ministries and agencies who develop draft and final legislation and make suggestions for improvement of existing and proposed legislation. The guidelines can also provide assistance to lawyers reviewing or vetting draft legislation. They are presented in simple terminology, and are intended to be accessible to non-lawyers.

The principal objective of these guidelines is to assist Parties in evaluating whether their national legislation complies with AEWA’s provisions and, where it does not, developing laws which fulfil their commitments under the Agreement. The guidelines are not intended to provide detailed advice on the drafting of either general conservation legislation or legislative provisions which (although beneficial to bird conservation) go beyond the requirements of AEWA. The guidelines also are not intended to duplicate, but rather to supplement, existing guidance. They should thus be read alongside AEWA’s other Conservation Guidelines (several of which make recommendations regarding legislation), as well as other relevant guidance documents (a list of which is provided in Annex I).

AEWA International Review of Hunting and Trade Legislation

The Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA) specifies actions for sustainable hunting of and trade in migratory waterbirds in its legally binding Action Plan, which result in a number of requirements on hunting and trade legislation in the countries that are Party to AEWA.

This report starts with a review of international treaties and supranational organizations addressing the issues of hunting of and/ or trade in migratory waterbirds and in the context of AEWA (chapter B II). Further on it analyses the legal situation regarding hunting of and trade in migratory waterbirds in the single countries (chapter B III). Moreoever it provides a set of conclusions and recommendations concerning actions to be taken by the Parties and respective bodies of the Agreement.

For the review of international treaties and supranational organisations, the legal texts (and annexes) as well as relevant documents have been reviewed in detail and in comparison with AEWA requirements. The analysis of the situation in individual countries is primarily based on a questionnaire (and submitted legal reference texts) received from 74 % of the Focal Points in countries that are Party to AEWA and additional 27 % of the Non[1]Parties. The Compilor has moreover used openly accessible information sources such as legal and scientific databases and official websites. Information was analyzed in the light of AEWA requirements on hunting and trade legislation provided by the Agreement text and its Action Plan, and in the context of additional guiding documents such as the AEWA Conservation Guidelines, the text and guidance document of the Birds Directive as well as historical considerations, when needed. Results are presented following a regional scheme which allows a comparison of the situation in the different sub-regions (Africa/ European Union/ Eurasia (all countries outside Africa and not being member states of the EU)).

Center for International Environmental Law (CIEL)

Since 1989, CIEL has used the power of law to protect the environment, promote human rights, and ensure a just and sustainable society.

With offices in Washington, DC, and Geneva, Switzerland, CIEL’s team of attorneys, policy experts, and support staff works to provide legal counsel and advocacy, policy research, and capacity building across our three program areas: Climate & Energy, Environmental Health, and People, Land, & Resources.

CIEL also has a vibrant intern program for law students and fellows in both our DC and Geneva offices to educate the next generation of international environmental advocates. Over its 25 years, CIEL has trained more than 425 interns and law fellows from 54 countries. In conjunction with this program, CIEL conducts a joint research and teaching program with American University’s Washington College of Law.

CIEL recognizes exceptional contributions to international environmental law each year with its annual International Environmental Law award and recognizes outstanding contributions to addressing climate change through its semi-annual Frederick R. Anderson Climate Change Award.

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ECOLEX

ECOLEX is an information service on environmental law, operated jointly by FAO, IUCN, and UNEP. Its purpose is to build global capacity by providing the most comprehensive possible source of information on environmental law, in an easily accessible form. This is particularly helpful in developing countries and countries with economies in transition, where government officials, practitioners, environmental managers, non-profit institutions and academia may not have easy access to the information they need to develop the legal tools needed to promote environmental management.

The ECOLEX database includes information on treaties, international soft-law and other non-binding policy and technical guidance documents, national legislation, judicial decisions, and law and policy literature. Users can access the abstracts and indexing information about each document, as well as to the full text of most of the information provided.