Convention for the Protection of Migratory Species of Wild Animals
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| Convention for the Protection of Migratory Species of Wild Animals | |
|---|---|
| Name | Convention for the Protection of Migratory Species of Wild Animals |
| Abbr | CMS |
| Adopted | 1979 |
| Entry into force | 1983 |
| Location signed | Bonn |
| Parties | 130+ (varies) |
| Secretariat | United Nations Environment Programme |
Convention for the Protection of Migratory Species of Wild Animals is an international treaty concluded in Bonn in 1979 under the auspices of the United Nations Environment Programme, establishing a global framework for the conservation of migratory fauna. The convention creates cooperative mechanisms among range states and international organizations such as the International Union for Conservation of Nature, the World Wildlife Fund, and the Convention on International Trade in Endangered Species of Wild Fauna and Flora to coordinate cross-border protection and scientific research. It has influenced regional instruments like the Agreement on the Conservation of African-Eurasian Migratory Waterbirds and national laws in states including United Kingdom, Germany, and South Africa.
Background and Negotiation
The convention emerged from environmental diplomacy linked to events such as the Stockholm Conference on the Human Environment and negotiations involving actors like World Conservation Monitoring Centre, IUCN Species Survival Commission, and government delegations from United States, Australia, India, and Brazil. Drafting sessions involved legal experts from institutions including the League of Nations's legacy bodies, delegations to the United Nations General Assembly, and representatives of non-governmental organizations such as Greenpeace and Conservation International. Negotiators referenced precedents like the Ramsar Convention, the Convention on Biological Diversity, and bilateral treaties such as the Migratory Bird Treaty Act and the 1972 Bern Convention to design obligations suitable for wide geographical ranges spanning continents and oceans.
Objectives and Legal Framework
The convention's core objective aligns with commitments seen in instruments like the Rio Declaration on Environment and Development: to conserve migratory species and their habitats through international cooperation among range states and specialized bodies such as CITES and the Secretariat of the Convention on Biological Diversity. Legally, the instrument establishes binding provisions similar to those in the European Convention on the Law of the Sea and complements sectoral regimes like the International Whaling Commission and the Convention on Wetlands (Ramsar, Iran, 1971). The treaty creates obligations to protect listed species, regulate exploitation, and promote scientific research modeled on cooperative platforms like the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services and the World Conservation Strategy.
Appendices and Species Listings
Species are listed in two appendices, analogous to schedules in the Convention on International Trade in Endangered Species of Wild Fauna and Flora and annexes used by the Montreal Protocol. Appendix I mirrors strict protection approaches found in the Endangered Species Act and the Bern Convention for highly threatened taxa such as cetaceans referenced in International Whaling Commission records, raptors comparable to species covered by the Bonn Convention's regional agreements, and pinnipeds recognized in Antarctic Treaty conservation measures. Appendix II facilitates negotiated agreements for taxa akin to migratory waterfowl managed under the African-Eurasian Waterbird Agreement and the Agreement on the Conservation of Populations of European Bats. Listings have included taxa related to work by researchers at institutions like the Smithsonian Institution, Natural History Museum, London, and the Australian Museum.
Implementation and Compliance Mechanisms
Implementation relies on national reporting, action plans, and cooperative measures paralleling compliance frameworks in the Convention on Biological Diversity and the Paris Agreement. The secretariat, operating within the United Nations Environment Programme, coordinates with advisory bodies similar to the IUCN Red List assessments and scientific committees modeled on the Intergovernmental Panel on Climate Change. Compliance tools include periodic reviews, capacity-building funded by mechanisms akin to the Global Environment Facility, and dispute resolution processes that echo procedures in the World Trade Organization and the International Court of Justice for state-to-state consultations.
Parties, Range States, and Organizational Structure
Parties include a mix of developed and developing states such as France, Japan, Kenya, Mexico, and Argentina, with non-party range states occasionally cooperating through memoranda reminiscent of arrangements under the Convention on Migratory Species's related agreements. The conference of the parties convenes similarly to meetings of the Conference of the Parties to the UNFCCC and elects a standing committee patterned after governance seen in the Convention on Migratory Species family. The secretariat liaises with international organizations including BirdLife International, the Ramsar Secretariat, and regional bodies like the European Commission and the African Union to coordinate implementation.
Conservation Programs and Agreements
The convention has spawned regional instruments comparable to the Agreement on the Conservation of African-Eurasian Migratory Waterbirds and species agreements resembling the Agreement on the Conservation of Small Cetaceans of the Baltic, North East Atlantic, Irish and North Seas and the Agreement on the Conservation of Albatrosses and Petrels. Programmes engage scientific partners like the Royal Society for the Protection of Birds, conservation NGOs such as Fauna & Flora International, and research centers including the Pew Charitable Trusts' funded initiatives. Collaborative projects address threats documented by the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services and coordinate with multilateral funds like the Global Environment Facility and development agencies such as the World Bank.
Criticisms and Impact Assessments
Critiques parallel debates around multilateral environmental agreements like the Convention on Biological Diversity and the UNFCCC: concerns about slow listing processes, uneven implementation among states including comparisons between United States practice and European Union directives, and resource constraints similar to those faced by the International Whaling Commission. Impact assessments reference studies from institutions such as the IUCN, BirdLife International, and academic centers at University of Cambridge, Harvard University, and the University of Cape Town that evaluate effectiveness in conserving species like migratory shorebirds, cetaceans, and bats. Recommendations from reviews have urged alignment with regional frameworks like the Baltic Marine Environment Protection Commission (HELCOM) and legal integration into national statutes modeled on the Endangered Species Act and the Wildlife Protection Act.