Introduction

Biodiversity, the variety of life on Earth, is under unprecedented threat due to human activities such as habitat destruction, climate change, and illegal trade in wildlife. Among these, the international trade in endangered species poses a significant risk to the survival of many plants and animals. To address this global challenge, the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) was established as a critical multilateral treaty aimed at regulating and monitoring the trade of endangered species to ensure their survival in the wild. Since its inception in 1975, CITES has played a pivotal role in protecting biodiversity by creating a framework for international cooperation and enforcement. This article explores the impact of CITES on the trade in endangered species, delving into its legal mechanisms, its influence on national and international policies, and the broader implications for biodiversity conservation. Additionally, this piece examines the legal process through which countries enter into CITES, the monist or dualist approaches to treaty incorporation into national law, and the relationship between CITES and the Vienna Convention on the Law of Treaties (VCLT) of 1969.

Background and Objectives of CITES

CITES, also known as the Washington Convention, was drafted following a resolution adopted in 1963 by members of the International Union for Conservation of Nature (IUCN). The treaty was opened for signature in 1973 and entered into force on July 1, 1975. Today, it boasts 184 signatory parties, making it one of the most widely accepted environmental agreements globally. The primary objective of CITES is to ensure that international trade in specimens of wild animals and plants does not threaten their survival (CITES, 2022). This is achieved by categorizing species into three appendices based on the level of protection they require. Appendix I includes species threatened with extinction, where trade is permitted only under exceptional circumstances. Appendix II covers species not necessarily threatened with extinction but whose trade must be controlled to avoid utilization incompatible with their survival. Appendix III includes species that are protected in at least one country, which has asked other CITES parties for assistance in controlling the trade.

The convention operates through a system of permits and certificates, ensuring that trade is legal, sustainable, and traceable. This framework is enforced through the collaboration of national governments, which designate Management and Scientific Authorities to oversee the implementation of CITES regulations. Over 40,900 species are currently protected under CITES, ranging from large mammals like elephants and rhinos to small butterflies and orchids (CITES, 2022).

Impact of CITES on Endangered Species Trade

Reduction in Illegal Trade

One of the most significant impacts of CITES on endangered species trade has been the reduction in illegal activities through stringent regulations and international cooperation. By establishing a global network of authorities and enforcement agencies, CITES has facilitated the sharing of information and resources to combat wildlife trafficking. For instance, the trade in elephant ivory, which drove African elephant populations to the brink of extinction in the 1980s, was significantly curtailed after the species was listed under Appendix I in 1989. According to a study published in ScienceDirect, global trade in CITES-listed species, including birds, has shown a marked decline in illegal transactions due to enhanced monitoring and enforcement mechanisms (ScienceDirect, 2025).

Moreover, CITES has empowered countries to impose trade bans and sanctions on nations that fail to comply with its regulations. This punitive approach has deterred many actors from engaging in illegal trade. For example, the temporary suspension of trade with certain countries for non-compliance in implementing CITES regulations for species like the tiger has encouraged better conservation practices (National Geographic, 2025).

Conservation Success Stories

CITES has also contributed to notable conservation successes by providing a legal framework for protecting species and their habitats. The recovery of the American alligator, once listed under Appendix I due to overexploitation for its skin, is a testament to the effectiveness of CITES regulations. Through controlled trade and sustainable management practices mandated by CITES, the species was downlisted to Appendix II, allowing regulated trade while ensuring population stability (IFAW, 2025).

Similarly, the protection of certain timber species, such as rosewood, under CITES appendices has helped curb deforestation in regions like Madagascar, preserving not only the species but also the broader ecosystems they inhabit. These examples highlight how CITES serves as a vital tool in balancing economic interests with conservation priorities (Hindustan Times, 2025).

Challenges and Limitations

Despite its successes, CITES faces several challenges in effectively curbing the trade in endangered species. The rise of black markets and online trafficking platforms has complicated enforcement efforts, as illicit trade often bypasses traditional monitoring systems. Additionally, limited resources and varying levels of commitment among member states hinder uniform implementation. For instance, while developed nations may have robust enforcement mechanisms, many developing countries lack the capacity to monitor and enforce CITES regulations adequately (MDPI, 2025).

Furthermore, CITES focuses primarily on international trade, leaving domestic trade—a significant driver of species decline—largely unregulated unless addressed by national laws. Corruption within some member states also undermines the convention’s objectives, as officials may be complicit in facilitating illegal trade. These challenges underscore the need for continuous improvement in CITES implementation and global cooperation.

Legal Framework for Entering into CITES

The legal process through which a country can enter into CITES as a party is governed by the provisions outlined in the text of the convention. According to Article XX of the CITES text, the convention is open for signature by all states and regional economic integration organizations at specified times and locations. After the initial signing period, states can accede to the convention by depositing an instrument of accession with the Depositary Government, which is the Government of the Swiss Confederation (CITES, 2022).

Article XXI further elaborates on the entry into force of the convention for new parties. It states that for states or organizations that accede to CITES after it has entered into force, the convention becomes effective 90 days after the deposit of their instrument of accession. This provision ensures that new members are integrated into the CITES framework in a structured manner, allowing time for preparatory measures such as the designation of national authorities (CITES, 2022).

Additionally, Article XXII addresses amendments to the convention, ensuring that any changes adopted at meetings of the Conference of the Parties are binding on all members unless they express reservations within a specified period. This mechanism maintains the treaty’s adaptability while respecting the sovereignty of states to opt out of specific amendments if they conflict with national interests (CITES, 2022).

Monist vs. Dualist Approach to Treaties

The incorporation of international treaties like CITES into national law depends on whether a country follows a monist or dualist approach to international law. In a monist system, international treaties automatically become part of national law upon ratification or accession, requiring no additional legislative action. In contrast, a dualist system requires explicit domestic legislation to translate treaty obligations into enforceable national laws.

For the purposes of illustration, let us consider a hypothetical country to analyze how CITES might be integrated into national law. If this country operates under a monist system, once it ratifies or accedes to CITES as per Articles XX and XXI, the convention’s provisions would directly apply within its legal framework without the need for further legislation. National courts could enforce CITES regulations immediately, and any conflicting domestic laws might be overridden by the treaty’s stipulations, depending on the country’s constitutional hierarchy of norms.

Conversely, if the country follows a dualist approach, ratification alone would not suffice to make CITES enforceable domestically. The government would need to enact specific legislation to incorporate the treaty’s provisions into national law. For instance, the country might pass a “Wildlife Protection Act” that mirrors CITES appendices and permitting systems, translating international obligations into actionable domestic regulations. Until such legislation is passed, CITES obligations might remain aspirational rather than binding within the national context.

Many countries exhibit hybrid systems, blending elements of both approaches depending on the nature of the treaty or constitutional requirements. For example, in dualist states, treaties related to human rights might be given direct effect, while environmental treaties like CITES require legislative action. The specific approach of a country determines the speed and effectiveness of CITES implementation, influencing how quickly trade regulations can be enforced at the national level.

CITES and the Vienna Convention on the Law of Treaties (VCLT) 1969

The Vienna Convention on the Law of Treaties (VCLT) of 1969 is a foundational treaty that codifies the rules and principles governing the formation, interpretation, and termination of international treaties. It serves as a guideline for how states should engage in treaty-making processes, ensuring consistency and legal clarity in international relations. A critical question in the context of CITES is whether it is a party to the VCLT or whether its formation and operations are influenced by the VCLT’s provisions.

CITES itself is not a “party” to the VCLT in the sense of being a signatory, as the VCLT applies to states and international organizations with treaty-making capacity. However, the formation and operational framework of CITES are governed by the principles enshrined in the VCLT, as many of its signatory states are also parties to the VCLT. The VCLT’s provisions on treaty entry, such as signature, ratification, and accession (Articles 11-15 of the VCLT), are reflected in CITES Articles XX and XXI, demonstrating alignment with international legal norms. Moreover, the VCLT’s rules on treaty interpretation (Articles 31-33) are often invoked by CITES parties during disputes or negotiations at Conferences of the Parties (CoP) to clarify obligations and amendments.

The relationship between CITES and the VCLT provides valuable lessons for other countries on how to properly enter into treaties with CITES. First, adherence to VCLT principles ensures that the process of accession or ratification is transparent and legally sound, reducing the risk of misunderstandings or non-compliance. For instance, a country must ensure that its instrument of accession is deposited with the designated depositary (as per VCLT Article 16 and CITES Article XX) and that it understands the temporal application of CITES obligations (VCLT Article 28). Second, the VCLT’s emphasis on good faith (Article 26) encourages countries to commit to CITES objectives sincerely, fostering trust among member states.

For countries not party to the VCLT, customary international law—much of which is codified in the VCLT—still applies, ensuring that the fundamental principles of treaty law guide their engagement with CITES. This universality of norms helps standardize the process of treaty-making, enabling even non-VCLT states to integrate into the CITES framework seamlessly. For example, a country entering CITES should ensure clarity in expressing consent to be bound, aligning with customary practices derived from VCLT provisions, to avoid legal ambiguity or disputes with other parties.

Broader Implications for Biodiversity Protection

The impact of CITES extends beyond the regulation of trade to broader biodiversity protection. By safeguarding flagship species, CITES indirectly protects entire ecosystems. For instance, protecting large predators like tigers ensures the health of food webs, while regulating timber trade preserves forest habitats for countless other species. This interconnected approach aligns with the goals of other international frameworks, such as the Convention on Biological Diversity (CBD), creating synergies in global conservation efforts.

Furthermore, CITES raises awareness about the value of biodiversity and the consequences of overexploitation. Through public campaigns and educational initiatives, it fosters a culture of conservation, encouraging consumers to make ethical choices and reject products derived from endangered species. This cultural shift is critical for long-term sustainability, as it addresses demand-side drivers of illegal trade.

However, CITES must evolve to address emerging threats such as climate change, which exacerbates habitat loss and species vulnerability. Integrating climate resilience into trade regulations, perhaps through amendments to appendices or permitting criteria, could enhance the convention’s relevance. Additionally, strengthening partnerships with non-governmental organizations (NGOs) and local communities can improve on-the-ground enforcement and monitoring, bridging gaps in state capacity.

Case Studies: National Implementation of CITES

To illustrate the practical impact of CITES at the national level, consider the case of Nepal, a country that has made significant strides in implementing CITES regulations. According to a study in MDPI, Nepal has established designated scientific and management authorities as mandated by CITES, integrating treaty obligations into its national wildlife protection laws. This dualist approach involved enacting specific legislation to enforce CITES appendices, demonstrating how domestic legal systems can align with international obligations (MDPI, 2025). Nepal’s efforts have resulted in reduced poaching of species like the one-horned rhinoceros, showcasing the potential for success when political will and resources are aligned.

In contrast, some countries struggle with implementation due to systemic challenges. In certain African nations, limited funding and corruption have hindered the effective enforcement of CITES regulations on ivory trade, despite formal accession to the convention. These disparities highlight the importance of capacity-building and international support to ensure equitable implementation across all member states.

Conclusion

CITES stands as a cornerstone in the global effort to protect biodiversity by regulating the international trade in endangered species. Its impact is evident in the reduction of illegal trade, the recovery of threatened species, and the establishment of a cooperative legal framework that transcends national boundaries. However, challenges such as black markets, domestic trade, and uneven enforcement underscore the need for continuous adaptation and collaboration. Legally, the convention’s provisions for treaty entry, as outlined in Articles XX and XXI, provide a clear pathway for countries to join and contribute to global conservation goals. The distinction between monist and dualist systems further shapes how CITES is integrated into national law, influencing the speed and effectiveness of implementation.

While CITES is not a direct party to the Vienna Convention on the Law of Treaties (1969), its alignment with VCLT principles offers a model for how countries can engage in treaty-making with transparency and legal rigor. This alignment serves as a guide for other states, ensuring that their entry into CITES is consistent with international legal norms. Ultimately, the success of CITES in protecting biodiversity hinges on the commitment of its parties, the strengthening of national enforcement mechanisms, and the integration of emerging environmental challenges into its framework. As the threats to biodiversity intensify, CITES remains an indispensable tool in the fight to preserve the planet’s irreplaceable natural heritage.

References

• CITES. (2022). Text of the Convention. Retrieved from https://cites.org/eng/disc/text.php
• Hindustan Times. (2025). Jeopardy!: See how a global agreement is quietly saving species from extinction. Retrieved from https://hindustantimes.com
• IFAW. (2025). What is CITES? International laws protecting wild animals. Retrieved from https://www.ifaw.org
• MDPI. (2025). A History of the Convention on International Trade in Endangered Species of Wild Fauna and Flora Implementation in Nepal. Retrieved from https://mdpi.com
• National Geographic. (2025). What is the Convention on International Trade in Endangered Species (CITES)? Retrieved from https://www.nationalgeographic.com
• ScienceDirect. (2025). CITES Appendix III matters: Hidden impacts of CITES deletions on global bird trade. Retrieved from https://www.sciencedirect.com

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