Friday 19th July 2019 - Della Bentham
It seems the ivory act 2018 may be a contradiction to The EU's Wildlife Trade regulation, which has prompted a judicial review on the matter.
It’s a topic we have touched on a few times now; the Ivory act 2018, but it seems the controversial act has not seen the last of protests against it despite it being passed. While the act has yet to be implemented, a judicial review has already been granted.
A small group of collectors’ and antique dealers came together to protest the act, saying that antique items should be exempt from the ban, being that were made a century, or more ago. Other, however, believe that a blanket ban is the best way to protect elephants, and a review is in place to also include other ivory bearing animals in the ban such as narwhals and hippos.
It seems that the ivory act may actually contradict the EU Wildlife Trade regulation, which permit the trade of worked antique ivory, as it is not a threat to elephant conservation.
“The Ivory Act is in direct and irreconcilable conflict with the EU’s exercise of competence in this field and cannot stand,” reads the claim. “The true issue is of accurate certification.”
Unfortunately, unscrupulous people, such as poachers can try and disguise new ivory items as antiques in a bid to continue their illegal activities for monetary gain. Because of this, a blanket ban was decided upon to prevent this. Several hundred smaller auction rooms found it difficult to tell the difference between genuine antique ivory and modern replicas added to this belief.
Obviously, these smaller auction houses are by no means experts in antique ivory items, and certification by experts of ivory containing antiques could be a way around this according to antique dealers and collectors. Lawyers for this group will argue that “The Ivory Act is in direct and irreconcilable conflict with the EU’s exercise of competence in this field and cannot stand,” reads the claim. “The true issue is of accurate certification.”
A hearing is due to take place in October, while the UK is still part of the European Union, will Brexit leave the group with no claim to make though? One of the reasons that many people wanted to leave the EU in the first place was down to interference over laws that people wanted.
With a hearing on the inclusion of other ivory bearing species being added to the banned list already underway, the interest surrounding this topic is bound to continue. The consultation to add other ivory bearing species is due to end on August 22nd, before the hearing takes place will things become even more complicated?