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2 AJEL 123 (2015)
An Introduction to the Illegal Trade in Wildlife: A Snapshot of the Illicit Trade in Rhinoceros Horn

handle is hein.journals/ajel2 and id is 124 raw text is: 

AJEL  (2015) Vol  II


123


  AN  INTRODUCTION TO THE ILLEGAL TRADE IN WILDLIFE: A SNAPSHOT OF THE ILLICIT
                               TRADE  IN RHINOCEROS HORN

                                     ZARA  J BENDING*

      The illicit trade in wildlife is a multibillion dollar global criminal enterprise that
      capitalises on drivers such as poverty,  corruption, poor public  education and
      ineffective regulation at great cost to both human and  non-human   lfe. Despite
      the remarkable   value  of goods  traded  and  myriad   of consequences,  green
      criminologists such as  Wyatt have  lamented  that the problem  'remains  on the
      fringes of both academia and policy.

      The purpose  of this article is to set out the problem of the illegal trade in wildlife
      in the context of recent technological and scientific development. In doing so, it
      will demonstrate that it has, in fact, risen to prominence as an issue of global
      concern, now  framed  as one of transnational crime.2 It will map out the nature
      and extent of the trade in rhinoceros horn, as a representative case commodity,
      before discussing contemporary  issues that may inform future regulatory action.

                                   I      INTRODUCTION

In July 2015, two historic events positioned the illegal trade in wildlife squarely in the sights
of  the international legal community. Firstly,   on   13 July  2015,  the Wildlife  Justice
Commission   launched  in The  Hague  to specifically address wildlife crime as a matter  of
global concern. An  Accountability  Panel will hold hearings on  one or two  wildlife crimes
selected each  year by  the Commission   for examination.3  While  the Commission has no
powers  of arrest or penalty, the panel will publish a ruling of the facts on the selected activity,
including  identification of the  parties involved. The   weight  of  such  rulings will be


*     Zara J Bending is a doctoral candidate at the Macquarie Law School and Associate Member of the Centre
      for Environmental Law.   The  author welcomes  any  questions or  comments  via  email:
      zara.bending@mq.edu.au.
1     Tanya Wyatt, Wildlife Trafficking: A Deconstruction of the Crime, the Victims and the Offenders
      (Palgrave Macmillan, 2013) 9.
2     Rob White, Crime, Criminality and Criminal Justice (Oxford University Press, 2012) 257. White defines
      'transnational crime' as 'crime that is global in scope and reflects broad socioeconomic processes and
      trends associated with globalisation.'
3     Wildlife Justice Commission, 'The Wildlife Justice Commission Launches- New Approach to Combat
      Wildlife Crime' (13 July 2015) <http://www.wildlifejustice.org/article/index.html>. See also: Cahal
      Milmo, 'The Wildlife Justice Commission: International body launches in effort to combat biggest 'Al
      Capone'      poachers',    The      Independent     (online)     11     July      2015
      <http://www.independent.co.uk/news/world/the-wildlife-justice-commission-international-body-
      launches-in-effort-to-combat-biggest-al-capone-poachers-10382859.html>.

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