Japan’s Ivory Trade in the Face of the Endangered Species Convention

Abstract

Commercial trade in ivory remains one of the major threats to the survival of an iconic wildlife resource: the elephant, in particular the African species (Loxodonta africana). At its 2016 Johannesburg meeting, the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) adopted by consensus an urgent call for the closure of domestic markets for ivory. The only Party which has openly defied that call is Japan – claiming that its own domestic ivory market is strictly controlled, and does not contribute to elephant poaching elsewhere. The present study analyzes that claim in light of the evidence, including the country's legislation (as recently amended) and its application in practice (as documented by multiple recent surveys). The author's findings do not support Japan's claim to a sweeping exemption from the global ban agreed by the CITES Conference. On the contrary, in view of serious shortcomings in the Government's current legislative and administrative controls over the ivory trade (especially with regard to internet transactions), the author recommends effective termination of Japan's domestic ivory market; and pending such closure, a reclassification of Japan in category 2 of the CITES legislation list (‘legislation believed not to meet all the requirements for CITES implementation’).     

Could technology resurrect the dignity of the FIFA World Cup refereeing?

The 2014 FIFA World Cup is over and was in most senses a success. However, the reality is that from the perspective of fairness, the 2014 World Cup was off to a remarkably bad start. Like many major football events in the past, this World Cup was plagued by controversial refereeing.     

Who Benefits from the Party Organization? Evidence from Republican House Members' Attendance at Caucus Meetings

As the role of US congressional parties in the legislative process has increased, so has the importance of understanding the institutions within these organizations. In this article, we examine the weekly caucus meetings held by Republican House leaders with their rank‐and‐file. We consider how members’ characteristics relate to their decision to attend based on the collective and private benefits that caucus participation affords. Using interviews of members and staffers as well as members’ attendance records at these meetings from 2007 to 2013, we find, among other things, that members who vote less with their party or who have more seniority are less likely to attend while those in leadership positions or who are electorally vulnerable are more likely to do so. Together, these findings provide additional insights on the relationship between party leaders and their members and which members benefit from this central party‐building activity.     

Operationalizing The Law of Jurisdiction: Where in the World Can I Be Sued for Operating a World Wide Web Page?

The concept of personal jurisdiction-the power of a court to decide the rights of a person and issue a binding judgment-is becoming increasingly complex in cases involving the World Wide Web. The two approaches courts currently use to assert personal jurisdiction are inadequate and inconsistently employed, leaving individuals who perform services or conduct business over the Web without clear answers about where they may be haled into court. The "Zippo test" fails to consistently take an accurate account of the complete picture of the contacts generated from Internet use, and the "Calder effects test" is not applicable in all cases. This article outlines a "Web-contacts" approach as a consistent way to operationalize "purposeful availment" for personal jurisdiction based on contacts via the Web.     

What Space for Unions on the Floor of Rights? Trade Unions and the Enforcement of Statutory Individual Employment Rights

The recent development of statutory individual employment rightsalters the balance between legal regulation and collective bargaining.Union influence in the workplace has declined and workers aremore reliant on individualised procedures culminating in claimsto employment tribunals. There is potential, though, for unionsto play a role in enforcing statutory employment rights, todemonstrate the efficacy of representation to potential membersand to augment collective bargaining agenda. Union engagementwith the law is explored in this article through detailed casestudies conducted in two unions. Findings highlight sustainedcommitment to strategic legal challenges, but also some substantialobstacles to the broader use of the law to mobilise workersand potential members.     

Old and New Actors in the Italian Drug Trade: Ethnic Succession or Functional Specialization?

The article analyses Italian and foreign organized crime involved in the drug market from two perspectives. The first, called “criminal succession”, assumes that the great presence of foreign criminal groups into this illegal market would represent a menace to the traditional hegemony exercised by Mafia-type associations in Italy. From a different perspective, defined as “functional specialisation”, the involvement of foreign criminal groups in the drug market could also be seen in terms of criminal “labour force” tending to follow the same mechanisms occurring in the general market at large, where immigrants fill low-paying jobs not requested by the local population. Through the analysis of data provided by the Italian Central Antidrug Bureau and recent court records the article tests these two perspectives. In particular, the in-depth analysis of three case studies from northern, central and southern Italy – i.e. Milan, Florence and Naples – has allowed us to identify the main changes that occurred in the drug market since the early 1990s. In effect, in Milan and Florence, we register the emergence of foreign criminal actors in the high- and medium-level positions of the local drug trade, while in Naples, where Camorra clans hold very strong positions, it leaves small areas of autonomy to foreign criminal groups.     

Who Run the World? Cats: Cat Lovers,Cat Memes,and Cat Languages Across the Web

The paper provides an overview of the macro-isotopy “cat”, a totemic figure disputed between the elitist and often-esoteric subculture related to the origins of Internet and the standardized mass culture permeating social media. Due to its features, “cat” is a cultural unit which is easy to anthropomorphize and iconize, according to a variety of textual practices, including so-called Internet memes (lolcats) and one of the most interesting examples of sign proliferation to date: the creation of a whole new language (lolspeak) based upon systemic misspellings and mistakes.     

Ensuring that Regional Trade Agreements Complement the WTO System: US Unilateralism a Supplement to WTO Initiatives?

In the mid-1990s, the policy debate within the WTO focused onwhether regional trade agreements (RTAs) were building blocksor stumbling blocks for the WTO system, essentially questioningwhether regionalism was appropriate at all from an economicpolicy perspective. Given the proliferation of RTAs since thattime and the inability to roll back the clock, that policy debatehas been replaced by a search for strengthened constraints onRTA activity that might ensure it complements the WTO system.Three major controversies within many existing RTAs are theexclusion of agriculture from coverage, complex and restrictiverules of origin, and varied treatment of the application oftrade remedies. Despite some competing policy considerations,it is likely, on balance, that the WTO system would benefitif agriculture was required to be included in RTA coverage,if RTA rules of origin were simplified and liberalized, andif the controversy surrounding RTA treatment of trade remedieswas cleared up. However, the search for constraints within theWTO system to achieve these results, either through the Dohanegotiations or the dispute settlement system seems unlikelyto succeed in the near future. Accordingly, enhanced and extendedefforts by the US, either unilaterally or in conjunction withits RTA partners utilizing its negotiating leverage, may bea necessary supplement to efforts within the WTO in ensuringa more harmonious relationship between RTAs and the WTO system.     

A Review of “Taking Back Eden: Eight Environmental Cases That Changed the World”

Abstract

The biological aspects of illegal harvests of threatened wildlife are outlined. It is shown that local agriculturalists are beneficiaries of illegal harvesting and that competition from agriculture exacerbates the extinction risk. Illegal harvesting of wildlife is driven by the profitability of the exercise, but law enforcement activity can deter poaching by reducing the associated expected profits. Law enforcement may be unable to limit illegal harvesting to levels threatened populations can sustain as a result of perverse consequences or strategic responses by poachers to law enforcement activity. Poaching activity is sensitive to the beliefs of participants about future prices and the availability of wildlife. Erroneous beliefs result in price collapses being observed. Integrating legal markets with increased local control of wildlife and punitive law enforcement strategies may be the most effective and efficient means to constrain illegal harvests.     

The Governance of Cross-Border Data Flows in Trade Agreements: Is the Cptpp Framework an Ideal Way Out?

The regulations of cross-border data flows is a growing challenge for the international community. International trade agreements, however, appear to be pioneering legal methods to cope, as they have grappled with this issue since the 1990s. The World Trade Organization (WTO) rules system offers a partial solution under the General Agreement on Trade in Services (GATS), which covers aspects related to cross-border data flows. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the United States-Mexico-Canada Agreement (USMCA) have also been perceived to provide forward-looking resolutions. In this context, this article analyzes why a resolution to this issue may be illusory. While they regulate cross-border data flows in various ways, the structure and wording of exception articles of both the CPTPP and USMCA have the potential to pose significant challenges to the international legal system. The new system, attempting to weigh societal values and economic development, is imbalanced, often valuing free trade more than individual online privacy and cybersecurity. Furthermore, the inclusion of poison-pill clauses is, by nature, antithetical to cooperation. Thus, for the international community generally, and China in particular, cross-border data flows would best be regulated under the WTO-centered multilateral trade law system.     

Greening Industry Without Enforcement? An Assessment of the World Bank's Pollution Regulation Model for Developing Countries

The best comparative and overview source now available for knowledge about pollution regulation in developing countries is the 2000 World Bank policy research report called Greening Industry . The World Bank finds that there is a new model for pollution regulation in lower- and middle-level income countries that is an alternative to "traditional" command and control regulation. The new model stresses flexible norms and nonstate pressures on regulated enterprises coming from communities and markets. This article presents an investigation into this new model. It finds that the prevalence of weak law enforcement may undermine the new model's potential to control pollution in developing countries. It also contends that social and market pressures only occur under certain circumstances often not found in lower- and middle-level income countries. Therefore, the article concludes that developing countries require smart mixes of various regulatory instruments appropriate in the given state and nonstate regulatory capacities, instead of contrasting state and nonstate regulation.     

Rethinking the History of the <Emphasis Type="Italic">Kāma</Emphasis> World in Early India

This essay introduces a special issue on the history of kāma?āstra in medieval India. It briefly reviews the secondary scholarship on the subject from the publication of the first translations of the genre at the end of the nineteenth century. It highlights the relatively unexplored history of later kāma?āstra, and stresses the need for contexualized and detailed studies of the many kāma?āstra treatises produced in the second millennium CE. The introduction, and the essays that follow, also argue for an expanded interpretive framework for the genre, moving beyond ‘sex’ and ‘sexuality,’ to a more widely defined notion of a ‘kāma world’, in which sensual pleasure is understood as being deeply enmeshed with aesthetic, ethical and cosmopolitan cultures.     

Trade mark use in transit: EU-phony or cacophony?

Legal context The present article discusses the opinion of Advocate-GeneralJacobs in Case C-405/05 Class International BV v Unilever NVand others, according to which trade mark owners cannot opposethe entry into the European Union of grey market non-Communitygoods placed in external transit, on the grounds of Article5(1) of the Trade Mark Directive, or any equivalent provision,as such entry does not constitute trade mark use. Key points We examine the consistency of this approach withprior case law of the European Court of Justice, namely in theCommission v France, Rioglass, The Polo/Lauren and Rolex casesand draw a parallelism with Council Regulation (EC) 1383/2003. Practical significance We conclude that trade mark owners shouldbe allowed to prohibit the placing in transit of goods whichwould infringe an intellectual property right under the lawof the transit country, unless the owner or consignor of thelitigious goods can undeniably prove that the goods are notdestined for the internal market. Stop press. At the end of the article the authors provide abrief analysis of the European Court of Justice's decision of18th October 2005 in this case.