Preventing and controlling invasive alien species in trade

1
Preventing and controlling invasive alien species
in trade

• Issues, problems, and dilemmas

Richard G. Tarasofsky
WTO Public Symposium, 26 May 2004, Geneva.
2
What are invasive alien species?

• According to the Global Invasive Species Program
  
• Invasive alien species (IAS) are non-native
  organisms that cause, or have the potential to
  cause, harm to the environment, economies, or
  human health. Invasive alien species (IAS) are
  one of the most significant drivers of
  environmental change worldwide.

3
Why are invasive alien species a problem?

• GISP (continued)
• The direct costs of IAS to a single country can
  be in the billions of dollars annually. However,
  the costs to society greatly exceed those that
  can be measured in currency. They can also
  include unemployment, impacts on infrastructure,
  food and water shortages, environmental
  degradation, loss of biodiversity, increased
  rates and severity of natural disasters, illness,
  and lost lives.
• Famous examples include Zebra mussels in North
  American Great Lakes, water hyacinths in Lake
  Victoria, Comb Jelly in the Black Sea, and
  Japanese Kelp in New Zealand and Australia

4
Legal and policy instruments on invasive alien
species

• International Instruments - still at early stages
• Paragraph 42(I) of WSSD Plan of Implementation
• Article 8(h) of the Convention on Biological
  Diversity
• International Plant Protection Convention
• IMO Convention on Ballast Water Management
• WTO Agreement on Sanitary and Phytosanitary
  Measures
• IUCN Guidelines for the Prevention of
  Biodiversity Loss Caused by Alien Invasive
  Species
• National instruments - ad hoc and uneven
• Legislation on biosecurity (New Zealand)
• Miscellaneous national legislation on wildlife,
  plants, and health

5
Basic distinctions and approaches

• Intentional introductions
• - importer and exporter aware of introduction
• - should only take place if capacity exists to
  control it
• - full information often not available
• Non - intentional introductions (more challenging
  case)
• - difficult to prevent/contain
• - need to target types of activities/pathways
  rather than specific items
• - even less information than for intentional
  introductions

6
Types of trade measures and issues

• Import bans
• export bans
• controlled trade based on permits and/or prior
  informed consent
• trade sanctions to enforce standards
• - These measures can be multilaterally based or
  unilateral (or combination of the two)
• - THE BIG CONTROVERSY LURKING UNDERNEATH
• PRECAUTION!!!!

7
How do these measures interface with the WTO
regime?

• Precautionary principle highly disputed in WTO
  political bodies
• SPS Agreement jurisprudence does not answer all
  questions
• Beef Hormones case, Australian Salmon, Japan
  Varietals, Japan Apples cases - some thresholds
  unclear and not at all apparent that countries
  with limited capacity can meet those thresholds
• Practice in SPS Committee not instructive -
  debates about appropriateness of import measures
  reflect underlying differences over implementing
  precautionary measures
• MEAs/WTO problematique still unresolved
• HOW DOES THIS ALL ADD UP?
• VERY UNCLEAR!!

8
Developments in the Convention on Biological
Diversity

• Guidelines adopted at COP-6, but were highly
  contentious relating to precaution, risk
  assessment (esp. allowance for socio-economic
  aspects), and relationship to SPS Agreement
• COP-6 did not adopt SBSSTAs recommendation that
  Guidelines be reference point for SPS Agreement
• COP-7 Decision on alien species seeks
• enhanced multilateral action,
• cooperation with the WTO Secretariat,
• observer status for CBD Secretariat in WTO SPS
  Committee
• consideration by WTO of risks of invasive alien
  species

9
Current dilemmas in moving agenda forward

• Given that that it is very difficult, yet vital,
  to allow countries to combat IAS by taking
  precautionary measures that are appropriate to
  their developmental and biodiversity
  circumstances
• Should the WTO be tasked with addressing these
  issues substantively, as the CBD COP has
  requested? Given the dynamics in WTO, is a
  constructive result realistic?
• Since the CBD process has proven so
  controversial, can it be seen as an effective
  body to handle the international trade aspects?
• Are soft-law approaches more promising, e.g.
  IPPC guidelines?
• In the absence of effective multilateral action,
  should individual countries continue leading
  through national legislation?