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When Arguments Prevail Over Power: The CITES Procedure for the Listing of Endangered Species

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  • Thomas Gehring

    (Thomas Gehring is Professor of International Relations at the Faculty of Social Sciences, Economics and Business Administration of the University of Bamberg/Germany. He has published many articles and books on international environmental governance, European integration and international institutions. His most recent book, with Sebastian Oberthür, is Institutional Interaction in Global Environmental Governance. Synergy and Conflict among International and EU Policies (2006).)

  • Eva Ruffing

    (Eva Ruffing is a Ph.D. student at the University of Bamberg/Germany and a member of the post-graduate programme, "Markets and Social Systems in Europe." She works on regulatory governance in the fields of environment and financial markets.)

Abstract

The legitimacy and effectiveness of the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES) depends on problem-adequate listing decisions. Decisions are frequently highly controversial, because they commit the member states to imposing trade restrictions on listed species. We examine whether-and how-CITES' impressive institutional apparatus deprives the member states of their bargaining power and empowers actors who can make reasoned arguments on the merits of a listing decision. For this purpose, we demonstrate theoretically that appropriately designed decision-making procedures can diminish stake-holders' opportunities for exploiting their bargaining power and provide room for reason-based deliberation. Subsequently, we explore member states' and other stakeholders' incentives, created by the CITES listing procedure, for refraining from bargaining and accepting scientifically sound decisions. Finally, we examine three recent controversial listing decisions as examples of the actual operation of the listing procedure. (c) 2008 by the Massachusetts Institute of Technology.

Suggested Citation

  • Thomas Gehring & Eva Ruffing, 2008. "When Arguments Prevail Over Power: The CITES Procedure for the Listing of Endangered Species," Global Environmental Politics, MIT Press, vol. 8(2), pages 123-148, May.
    • Handle: RePEc:tpr:glenvp:v:8:y:2008:i:2:p:123-148
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    Cited by:

    1. Heid, Benedikt & Márquez-Ramos, Laura, 2023. "International environmental agreements and imperfect enforcement: Evidence from CITES," Journal of Environmental Economics and Management, Elsevier, vol. 118(C).
    2. Gary D. Libecap, 2014. "Addressing Global Environmental Externalities: Transaction Costs Considerations," Journal of Economic Literature, American Economic Association, vol. 52(2), pages 424-479, June.
    3. Gary D. Libecap, 2013. "Addressing Global Environmental Externalities: Transaction Costs Considerations," NBER Working Papers 19501, National Bureau of Economic Research, Inc.
    4. Alfie ChristopherByron Gaffney & Darrick Evensen, 2020. "Addressing the Elephant in the Room: Learning from CITESCoP17," Global Environmental Politics, MIT Press, vol. 20(1), pages 3-10, February.
    5. Vincent Nijman & Chris R Shepherd, 2011. "The Role of Thailand in the International Trade in CITES-Listed Live Reptiles and Amphibians," PLOS ONE, Public Library of Science, vol. 6(3), pages 1-7, March.
    6. Cochrane, Kevern, 2015. "Use and misuse of CITES as a management tool for commercially-exploited aquatic species," Marine Policy, Elsevier, vol. 59(C), pages 16-31.
    7. Thomas Gehring & Linda Spielmann, 2023. "The treaty management organization established under the UNFCCC and the Paris Agreement: an international actor in its own right?," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 23(3), pages 235-252, September.

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