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Difficulties
Originating from the Multiplication of the International Treaties Dealing with
Conservation of Wild Resources
Eugene Lapointe (biography)
President, IWMC – World Conservation Trust
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ONE
An international organization cannot alienate its rights, and those of its
State members if such alienation is attached to a condition under which the said
organization does not have any control.
It is the same as for individuals and governments.
Individuals
Either one of these two individuals can: - Trade with each other, - Support
each other, - Contract with each other. Mr Brown can commit itself to not
selling his car until he buys a house. This is OK. He has control of the
condition. But Mr Brown cannot commit itself not to sell his car until
Mrs Smith sells her house. He does not have any control on the condition
attached to it.
Governments
Governments can - trade with each other, - support each other, - contract
with each other. The U.S. Government can commit itself not to hire any
interns until such a time as the U.S. Congress approves it. This is OK. The U.S.
Government controls the condition. But The U.S. Government cannot commit
itself not to hire any interns until such a time as the Government of Canada
prohibits hunting of whales by its native people. The U.S. Government does not
have control over the situation.
International
Organizations
Two international organizations can - trade with each other, - support each
other, - contract with each other. CITES can commit itself not to issue
export or import permits for whales until such a time as a scientific study is
completed by CITES. In that case CITES has control of the condition. But CITES
cannot commit itself not to issue export or import permits for whales until such
a time as the IWC moratorium is in place. CITES does not have any control over
the situation.
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