Legal analysis of the CITES convention in terms of Turkish administrative and judicial processes

Çağdan Uyar () and Osman Devrim Elvan ()
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Çağdan Uyar: Istanbul University-Cerrahpaşa
Osman Devrim Elvan: Istanbul University-Cerrahpaşa

International Environmental Agreements: Politics, Law and Economics, 2024, vol. 24, issue 4, No 3, 515-538

Abstract: Abstract The main purpose of this article is to understand and measure the successful implementation of the CITES Convention by the responsible institutions and its impact on Turkish domestic law. Based on the liabilities in the CITES Convention, criteria were determined and the competence of Turkish legislation was examined. The Convention's compliance with national legislation was statistically assessed. Turkish legislation was found to be 75% compliant with the Convention. According to the court decisions of the Council of State reviewed within the scope of the study, the number of decisions directly referring to the CITES Convention was 6%, and all of these were in favor of the ecosystem. The Turkish jurisdiction does not make effective use of international conventions in environmental cases, which is a significant problem. The administrative analysis of the CITES Convention was conducted by questionnaireing 314 experts working in the national institutions implementing the Convention. Experts in the authorized institutions were divided into four groups: General Directorate of Nature Conservation and National Parks, General Directorate of Forestry, University and Other. According to the questions asked to the experts in 8 topics, the overall success level of the administrative structure is below 50%. In terms of scientific authority, this assessment concluded that the Scientific and Technological Research Council of Türkiye requires to be more active in CITES implementation procedures, strengthen its communication with institutions and continuously produce scientific data.

Keywords: CITES; Domestic law; International convention; Governance; Legal analysis (search for similar items in EconPapers)
Date: 2024
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DOI: 10.1007/s10784-024-09650-0

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