Barristers and solicitors have worked closely together pro bono to help save the African elephant, at risk of extinction from illegal poaching and ivory trafficking.
The Stop Ivory campaign has released a Legal Opinion drafted by Penelope Nevill of 20 Essex Street (pictured), Mishcon de Reya and Blackstone Chambers. The Opinion notes the emerging international consensus that the only way to stop illegal poaching and ivory trafficking is to close all domestic ivory markets.
It considers how a total ban on the sale of ivory might be implemented into UK law, and the risks of a successful legal challenge being brought to any domestic ban that might be introduced. A total ban would interfere with free movement rights in EU law and the right to property under EU law and the European Convention on Human Rights. A judicial review could be brought by individuals in the antiques trade and auction houses or who own or have inherited ivory which a total ban would render commercially worthless. However, the Opinion puts forward the view that a total ban can reasonably be defended, and the “precautionary principle” can be invoked in support as there is a threat of serious or irreversible damage.
Nevill said working on a campaign “that brings together scientists, conservationists, NGOs, policy analysts and others from a wide range of backgrounds is excellent experience in seeing what works, which can be translated to other global problems”.
Alex Rhodes, Mishcon de Reya, said: “We are witnessing the end of the African elephant.
“One elephant is killed every 15 minutes, its tusks are cut off and illegally shipped to be traded as ivory products under cover of poorly regulated legal ivory markets overseas. This year, the world community has twice overwhelmingly passed resolutions that countries should close their domestic ivory markets. The British government has committed to deliver on its manifesto promise press for a total ban on the ivory trade in the UK.”
The campaign is just one example of the vast amount of valuable pro bono work carried out by the profession each year, which will be celebrated in National Pro Bono Week, 7-11 November.
