UNITED STATES IN THE INTERNATIONAL ENVIRONMENTAL REGIME ENVIRONMENTAL LAW ENFORCEMENT

UNITED STATES IN THE INTERNATIONAL ENVIRONMENTAL REGIME:

ENVIRONMENTAL LAW ENFORCEMENT

Introduction

Today, the issue of global crime is growing. One of them is environmental crime

which cannot be ruled out. Environmental crimes have become a concern of the world

community because the impacts caused are very detrimental both materially and non-

materially. According to the United Nations Environment Programme (UNEP),

environmental crime in general is a crime that includes not only illegal trade in wildlife, but

also forestry and fisheries crimes, illegal waste disposal including chemicals, smuggling of

substances that damage ozone and illegal mining (UNEP, 2016).

According to the International Enforcement Agency (IEA), the global illegal wildlife

trade ranks highest after the drug trade, arms trade and human trafficking. (WWF_United

States, 2018) Around 1 million plant and wildlife species globally are threatened with

extinction with one of the biggest threats caused by overexploitation (The Global Wildlife

Program, 2019). According to INTERPOL, illegal revenues from the global wildlife trade

can generate up to US$20 billion per year (Jurgen Stock, 2018).

From United States perspective, given its strategic location on international trade

routes and also as one of the world's 10 (ten) megadiverse countries with a total of 300,000

wildlife species or around 17% of the world's wildlife in United States, this makes it

vulnerable to the development of this crime in United States (Mongabay, 2020). Illegal trade

in United States is one of the biggest crimes after drug trafficking and human trafficking,

and it has been estimated that the value of state losses for this crime reaches Rp. 13 trillion

per year. (Detiknews, 2022) As a result, the population of wildlife species in United States

has become increasingly alarming over time. United States ranks second on the list of 10

(ten) countries with the most endangered wildlife species with 583 species after Mexico.

This shows that the issue of illegal wildlife trade in United States is important to be

addressed. However, United States has not been able to deal with this issue independently,

so international cooperation and strong encouragement from the international community are

important keys in overcoming it.

In this case, there is an international regime for endangered species of wild fauna

and flora agreed upon in the Multilateral forum of the International Union for Conservation

of Nature and Natural Resources (IUCN), namely CITES which stands for Convention on

International Trade in Endangered Species of Wild Fauna and Flora. CITES came into

force on July 1, 1975. The goal is to maintain the balance of the environment by ensuring

and regulating that the advent of international trade in wildlife does not threaten population

levels and survival and protects this biodiversity for the future (CITES, 2020).

In dealing with this crime, the fundamental effort made by United States is to join

the international CITES regime. efforts to maintain environmental sustainability and protect

endangered species have become one of the crucial issues. CITES, as one of the

international agreements that regulates trade in endangered species of fauna and flora, plays

an important role in this discourse. United States, as a country with extraordinary biological

wealth, has a great responsibility in safeguarding species protected by CITES. However,

environmental law enforcement in United States faces a series of challenges that include, but

are not limited to, illegal hunting, illicit trade, and illegal manufacturing of products from

protected species.

This challenge of environmental law enforcement in United States is an issue that

requires in-depth understanding and a multidisciplinary approach in the context of

international relations. Within the framework of this research, efforts to maintain

environmental sustainability and the protection of endangered species through the

Convention on International Trade in Endangered Species of Wild Fauna and Flora

(CITES) are the main focus. Although United States is a country rich in biodiversity and has

a key role in conserving species protected by CITES, environmental law enforcement in the

country faces various challenges.

One of the main challenges is the policy and legal framework that may not yet fully

support CITES implementation at the national level. Although United States has adopted

relevant laws and regulations, there are still weaknesses in application and enforcement on

the ground. This could be due to lack of resources, lack of inter-agency coordination, as well

as challenges in tackling illegal trade which often involves complex networks.

In addition, politics and diplomacy are also important elements in environmental law

enforcement. There are considerations related to bilateral and multilateral relations with

other countries in the context of protected species trade. This raises the need to understand

the dynamics of environmental diplomacy and how to overcome differences of opinion that

may arise in the context of CITES.

The impact of environmental law enforcement in United States not only affects the

national level, but also has global implications. Violations of environmental laws in United

States can damage ecosystems that are vital to the world's ecological balance. Therefore, it is

important to maintain a balance between the protection of endangered species and

sustainable economic development. To address the challenges of environmental law

enforcement in United States, a holistic approach is needed that includes improvements in

the legal framework, increased resources, the role of effective diplomacy, and strong

international cooperation. In the context of international relations, this research becomes

relevant because understanding the dynamics of cooperation between countries in preserving

the environment is a must in maintaining global environmental sustainability.

These challenges can undermine global conservation efforts and threaten the

sustainability of ecosystems. This research seeks to examine United States role in the

implementation of CITES and the extent to which the country is able to comply with the

rules set out in the agreement. Through in-depth analysis of legal, political and diplomatic

aspects, this research will understand the dynamics affecting environmental law enforcement

in United States within the CITES framework. Violations of environmental law in United

States not only affect the national level, but also have global consequences in relation to

preservation of natural resources and ecosystems vital to the world's ecological balance.

Research Methods

In this writing, the approach taken is a qualitative method. This approach tends to be

descriptive, which utilizes data analysis as the main foundation. In accordance with John C.

Creswell's definition, qualitative research methods refer to research approaches that produce

data in verbal, visual, and descriptive narrative forms, such as notes, recordings, or

transcripts of audio and visual materials, as well as other written records, and elements of

images or films (Creswell, 2003).

The decision to use qualitative methods in this research is based on the research

focus on wildlife crime issues related to illegal trade. Specifically, this research aims to

explore United States strategies and challenges through the Convention on International

Trade in Endangered Species of Wild Fauna and Flora (CITES) in tackling wildlife crime. A

descriptive-analytical approach is adopted to answer research questions relating to "how" the

phenomenon occurs.

The descriptive method was chosen in order to describe the issues related to wildlife

crime that arise in the context of illegal trade. This approach will assist the researcher in

describing and explaining the strategies used by United States through CITES in addressing

the issue of wildlife crime. In addition, this approach will allow for a more in-depth analysis

of the relationship between the various variables involved in the context. As such, the results

of the research will provide a more detailed picture, aid deeper understanding, and illustrate

the steps taken by United States through CITES in dealing with the challenges of wildlife

crime associated with illegal trade.

Discussion

Wildlife trafficking is a type of environmental crime and transnational crime that is

not only committed individually, but involves many actors to form its own chain of

networks both domestically and internationally. They have their own tasks that are divided

into various areas in order to accomplish their mission, such as wildlife poachers, people

who smuggle the animals, to all processing and sales to destination countries.

Based on this figure, wildlife trafficking essentially forms a group or network that

crosses national borders and connects source countries with consumer countries. Source

country networks typically consist of individual local poachers who use the wildlife trade as

an alternative livelihood, professional poachers with national and international scope, and

criminal networks that facilitate the illegal business. The wildlife products are then sold to

local traders or domestic markets, and then resold to international traders who have

experience working with international business clients in certain countries to serve as transit

points. After passing through the transit point, the game is sold to the domestic market of the

consumer country.

Every year, illegally traded wildlife is mostly used as traditional medicine to treat

certain diseases such as cancer, arthritis and asthma, as food products, for business purposes

and for the personal enjoyment of keeping wildlife. These criminal networks are often only

looking to enrich themselves at the expense of society and nature. According to INTERPOL,

they use the wildlife trade as a cash cow, generating up to US$20 billion a year.

Wildlife trafficking crime networks have made the Asia-Pacific region a strategic

hub for the trade of wildlife species as sources, transit points, and destinations for both

online and offline markets, where illicit revenues are high.

There are global wildlife trade routes through which these illegal businesses operate,

as shown in the figure above. Wildlife criminals often go through indirect routes or transit

routes in certain countries to avoid detection by law enforcement. Such is the path of

wildlife trafficking based on data sourced from the WWF Report: Fighting Illicit Wildlife

Trafficking, the source of the route comes from South Africa, Central Africa, Zimbabwe,

and India. Then the region Myanmar and other Southeast Asian countries are used as transit

points. Then, it enters the destination countries, especially in Asia, such as China, Taiwan,

Hong Kong, Japan, Vietnam, and other countries for immediate marketing. Typically, in the

process of transnational wildlife trade, the means of transportation used to transport wildlife

products can be by sea and air from Africa; and by land and sea in Asia (UNODC, 2020).

In the illegal trade, there are source countries to supply and also the main centers of

wildlife smuggling including Africa, India, and countries in Southeast Asia such as

Thailand, United States, Vietnam, and Myanmar. This is because Africa, India and

Southeast Asia are home to the majority of wildlife species. In addition, the largest

consumer of wildlife is China (Innerself, 2020).

Wildlife Trade in United States

United States is known to be home to most of the world's wildlife species. With as

many as 300,000 wildlife species or around 17% of the world's wildlife in United States

(Mongabay, 2020). However, this is a contributing factor to the vulnerability of wildlife

crime related to illegal trade in United States, given United States strategic location on

international trade routes. In Southeast Asia, United States is one of the countries known as

a source country for wildlife supply and also as a transit country for smuggling wildlife that

is then sent to consumer countries. Therefore, United States pays special attention to the

illegal wildlife trade because it has become an increasingly complex problem that transcends

national borders and actors. In addition to offline activities, wildlife criminals also utilize

online communication and information technology through the internet. Illegal wildlife trade

in United States is now one of the biggest crimes after drug trafficking and human

trafficking, and value loss state of the crime this classified as large which is estimated to

reach Rp. 13 Trillion per year (Detiknews, 2020).

This has caused the population of wildlife species in United States to become

increasingly alarming over time. Currently, there are 69 critically endangered wildlife

species in United States, 197 endangered species, and 539 vulnerable species (Frofauna,

2020). In 2019, United States ranked second on the list of 10 (ten) countries with the most

endangered wildlife species after Mexico.

Based on the graph, it shows that United States has the highest number of

endangered mammal species with 191 species. And it has the second highest number of

endangered bird species with 160 after Brazil. In following up on this issue, United States

has a national strategy, namely by joining the international Convention regime on

International Trade in Endangered Species of Wild Fauna and Flora or commonly referred

to as CITES. It is a fundamental strategy for United States to tackle the illegal wildlife trade.

In this case, United States considers that CITES is a forum that is able to deal with

the problem of illegal wildlife trade globally. Because until now no country has been able to

overcome this issue independently, it is necessary to strengthen international cooperation.

(Ministry of Foreign Affairs, 2019) United States continues to take strategic steps through

CITES in achieving United States expected goals, namely protecting wildlife species from

over-exploitation so that they are not endangered and reducing the number of smuggling and

illegal trade in wildlife from United States to foreign countries.

CITES as an International Regime

Wildlife crime related to illegal trade is becoming increasingly complex and crosses

national borders, so efforts to regulate illegal trade require international cooperation to

protect wild plant and animal species from overexploitation. In this case, the Convention on

International Trade in Endangered Species of Wild Fauna and Flora (CITES) is an

international regime that focuses on protecting endangered species of wild fauna and flora

from illegal trade. CITES was agreed upon in a multilateral forum of The International

Union for Conservation of Nature (IUCN) attended by representatives from 80 countries in

Washington, D.C., United States and came into force on July 1, 1975. The purpose and

target of CITES is to maintain the balance of the environment by monitoring, regulating and

ensuring that international trade will not threaten the population levels and survival of

wildlife from extinction and make a real contribution to the current endangered biodiversity

crisis (Huxley, 2022).

CITES is a response to the concerns of countries around the world about

transnational environmental crimes, including wildlife crimes. The seriousness of countries

that consider the importance of this regime can be seen from the number of countries that

agree to be bound by CITES. The member states of the regime are known as Parties, which

currently consists of 183 Parties including United States. Parties that have signed the

convention have ratified, accepted or agreed to the provisions of CITES. Parties join CITES

to fulfill their national interests in biodiversity conservation. CITES Parties consider that the

regime can help reduce the level of illegal wildlife trade at the national level. CITES also

has its own regulatory framework that requires each Party to implement the regime by

ratifying CITES or making its own domestic laws, as well as requiring Management

Authority and Scientific Authority at the national level. The regulations of the regime are

formulated at the international level and then to be implemented properly at the national

level.

CITES has contributed and played an important role in helping to protect wildlife

species globally through increased monitoring under the CITES Appendices and regulation

of international trade in wildlife, thus assisting governments at the national level in reducing

illegal wildlife trade. (Agnesia, 2021) And with the implementation of CITES regulations

through the establishment of a legal framework at the national level, it can increase the

commitment of each Party in controlling and reducing poaching, trade and over-exploitation

of endangered wildlife species. CITES has also endeavored to protect the environment of

wildlife habitats and become a platform to discuss issues surrounding biodiversity

conservation.

Implementation of Environmental Law Enforcement in the CITES Framework

United States considers that CITES is a forum that is able to deal with the problem of

illegal wildlife trade globally. Because until now no country has been able to overcome this

issue independently, it is necessary to strengthen international cooperation (Ministry of

Foreign Affairs of the Republic of United States, 2019). United States continues to strive to

take strategic steps through CITES in achieving United States expected goals, namely

protecting wildlife species from over-exploitation so that they are not endangered and

reducing the number of smuggling and illegal trade in wildlife from United States to foreign

countries. As a CITES member country, United States has its own national strategy in

dealing with transnational environmental crimes which is divided into 5 (five) areas,

namely:

 Legal field

Each CITES member country is required to ratify and adopt the provisions of CITES

through its national legislation. In this field, the Government of United States makes

CITES a guide for its national legislation in dealing with environmental crimes

related to illegal wildlife trade. United States already has relevant legal instruments

listed in Law No. 5 of 1990 concerning the Conservation of Biodiversity and

Ecosystems article 40 paragraph 2, which explains that the maximum term of

imprisonment is a maximum of 5 years and a maximum fine of Rp. 100,000,000.00.

In its law enforcement, the Government of United States involves the CITES

management authority, namely the Ministry of Environment and Forestry (KLHK)

and the Ministry of Marine Affairs and Fisheries (KKP) as well as the CITES

scientific authority, namely the United States Institute of Sciences (LIPI).

 Politics

In this field, the Government of United States strengthens Domestic, Bilateral

cooperation and also to play an active role in the framework of such cooperation so

that United States can seek support in combating wildlife smuggling from United

States to overseas.

GOI Cooperation with NGOs

The presence of these NGOs in United States can certainly help the Government of United

States in reducing the level of transnational environmental crimes related to illegal wildlife

trade through their respective work programs, such as conducting activities in the framework

of biodiversity conservation, improving the quality of conservation area management for the

private sector to ensure that wildlife habitats are maintained, increasing supervisory control

over wildlife, providing education to the public and increasing public awareness to reduce

the level of market demand for wildlife.

United States Government Cooperation with ASEAN-WEN

ASEAN-WEN is a network of cooperation between ASEAN countries in law enforcement

among law enforcement agencies involving CITES authorities, customs, police, prosecutors,

and with the assistance of other wildlife law enforcement agencies. ASEAN-WEN's mission

is to enhance cooperative relationships among ASEAN countries in addressing wildlife

trafficking. ASEAN-WEN was established based on the ASEAN Regional Plan of Action on

Trade in Wild Fauna and Flora which aims to address the illegal exploitation, poaching, and

trade of CITES-listed protected wildlife species particularly in the Southeast Asian region

(ASEAN Cooperation on Environment, 2020).

United States has participated in joint enforcement operations with other countries to stop

the illegal trade of wild species. For example, in 2018, United States along with other

Southeast Asian countries, such as Malaysia and Thailand, conducted enforcement

operations to stop the illegal trade of wild species law known as "Operation Cobra III." The

operation aims to uncover and stop wild species smuggling networks in the region.

Bilateral, Multilateral, and MoU Cooperation of the Government of United States One of the

missions of ASEAN-WEN in dealing with illegal wildlife trade to be effective is to

strengthen cooperation among its members and the need to establish partnerships with Non-

ASEAN. Following up on this, United States also established Bilateral, Multilateral and

MoU cooperation related to the implementation and enforcement of the CITES international

regime together with several countries in ASEAN and outside ASEAN members. Based on

data sourced from the ASEAN Legal Handbook.

By joining the international regime, United States can strengthen and expand its

international cooperation network, for example with CITES member countries and non-

member partner countries as well as international organizations such as the United Nations

Office on Drugs and Crime (UNDOC), United Nations Environment Programme (UNEP),

International Union for Conservation of Nature (IUCN), United States Agency for

International Development (USAID), The International Criminal Police Organization

(INTERPOL), TRAFFIC and others. In this opportunity, United States can be promoted as a

reference in terms of regulation and utilization of wildlife and seek support in dealing with

smuggling and illegal trade of wildlife from United States to abroad. So that the monitoring

of this crime can be tightened.

United States has also strengthened its cooperative relationship through ASEAN-WEN.

ASEAN-WEN is a form of seriousness of ASEAN countries in implementing the Provisions

of ASEAN-WEN. CITES provisions, especially in Southeast Asia. In terms of implementing

CITES provisions, other ASEAN-WEN member countries also have a relatively strong legal

basis to deal with environmental crimes against wildlife and have their own Management

Authority and Scientific Authority. Thus, it is clear that at the national level, ASEAN-WEN

member states including United States have endeavored to comply with the CITES

international regime in protecting endangered wildlife species from international trade.

Conclusions

United States, as a member state of the Convention on International Trade in

Endangered Species of Wild Fauna and Flora (CITES), has formulated a number of national

strategies to tackle the illegal wildlife trade. These strategies fall into five main areas,

creating a comprehensive approach to tackling this complex issue.

First, in the legal field, the United States government is committed to strengthening

its legal framework by drafting adequate national laws and derivative regulations and

carrying out strict law enforcement against this crime. Second, on the political front,

domestic, bilateral and multilateral cooperation efforts are enhanced to ensure effective

implementation and enforcement of the international regime governed by CITES. Third, in

the environmental field, the United States government focuses on biodiversity conservation

efforts through relevant ministries and institutions that aim to maintain the habitat and

population of endangered wildlife. Fourth, in the socio-cultural field, the government seeks

to provide education and raise awareness to the public by involving various stakeholders in

biodiversity conservation efforts.

Despite these efforts, there are still some weaknesses that must be addressed by the

United States government. The absence of a minimum sentence in Law No. 5/1990 on the

Conservation of Living Natural Resources and Ecosystems Article 40 paragraph 2, which

results in the inability to impose sanctions on perpetrators of wildlife crimes and the low

level of law enforcement related to these crimes in United States. In the face of these

challenges, the United States government needs to continue working hard to strengthen the

legal system, increase public awareness, and carry out effective law enforcement efforts to

protect the country's biodiversity.

United States has a significant presence in the global environmental regime and has

committed to maintaining biodiversity and protecting natural resources. Although there are a

number of challenges in the implementation of environmental law enforcement, the efforts

that United States has taken and its commitment to environmental conservation make an

important contribution to global efforts to protect nature.