EXAMINING LEGAL MEASURES FOR WILDLIFE CONSERVATION IN LIBYA: AN INTERNATIONAL LAW PERSPECTIVE

Abstract

This study evaluates the sufficiency of Libya’s domestic wildlife protection measures in meeting its international obligations under several wildlife protection conventions, including the Convention on the Conservation of Migratory Species of Wild Fauna (CMS), the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the Convention on Wetlands of International Importance (Ramsar), and the Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA). Adapting a thematic, comparative analytical method, the study aims to delineate the obligations imposed by these international agreements on their parties with respect to three main legal issues: restrictions on the taking of wild species, limitations on international trade in wild species, and measures to protect wildlife through habitat preservation. The study further investigates the legal measures adopted in Libya, which are dispersed across various legal provisions in different Acts and decisions, to assess whether these measures align with Libya’s international obligations in the three main legal issues mentioned. The findings indicate notable deficiencies in Libyan legal frameworks concerning specific requirements set forth by those international agreements. For instance, there are insufficient clear regulations or mechanisms for the protection of threatened species and a lack of integrated regulation of the means of hunting migratory waterbirds, which are necessary to meet the stipulations outlined in AEWA Annexes. Additionally, the study demonstrates a lack of legislation and definitive mechanisms for implementing some of CITES requirements to prevent international trade in endangered species. Nevertheless, it also identifies that addressing many of these gaps is feasible, as Libyan law has simplified the processes required for such improvements. Furthermore, some domestic legal provisions do cover certain international obligations, albeit not initially intended for that purpose.