From Monday's China Post:
President Ma Ying-jeou said yesterday the delivery of two giant pandas from China was not an internal / domestic transfer as described by a United Nations agency, as the animals went through customs and into quarantine when they arrived in the country.
Ma's position is unfortunately untenable. Pandas are endangered species, and according to international law, cannot be given away as gifts FROM COUNTRY TO COUNTRY -- they can only be loaned.
However, Taiwan did not accept the pandas as a LOAN from China. Ma's government instead accepted them as a GIFT.
The only time international law allows this is when the endangered species are given away as gifts WITHIN A COUNTRY'S OWN DOMESTIC BORDERS. Province-to-province, as it were.
So to recap: President Ma accepted a GIFT of two pandas, which was advantageous to him because it allowed Taiwan to avoid paying astronomical $1 million a year panda loan payments to China. But that gift came at a cost, because it could not be legally accepted under international law without admitting that the transfer was a domestic one.
Then to assuage voters, Ma the politician found it convenient to maintain the opposite. The transfer wasn't domestic at all, because "the animals went through customs and into quarantine".
What logical contortions the poor man puts himself through in order to maintain his country's sovereignty . . . while destroying it at the same time.
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UPDATE: I would also like to direct the reader's attention to Article III (Sec. 3c) of the Convention on International Trade in Endangered Species of Wild Fauna and Flora:
An import permit shall only be granted when . . . [the government of the importing state] is satisfied that the specimen is
not to be used for primarily commercial purposes.
Of course, the loudest arguments in favor of Taiwan accepting the pandas were the commercial ones. They'd be boffo box office at Taipei's Mucha Zoo. They'd draw in over 6 million visitors. They'd bring in foreign tourists. Oh, and don't forget the merchandising . . .
By the way, how much of all that money, money, money will go towards panda conservation?
Not one red copper New Taiwanese dollar. Because they're gifts, not loans, remember? Taiwan's on the no money down, no yearly fees program. In contrast, at least 50% of the fees America pays to China for loaned pandas must be directed towards preserving the animals in their native habitat.
My point here isn't really that the wild cousins of Taiwan's new pandas are getting the short end of the bamboo shoot. I'm simply saying that the importation of these creatures was illegal under international law, since it's clear they were brought into the country for "primarily commercial purposes".
UPDATE #2: The American Fish and Wildlife Service has a number of requirements for reviewing panda importation applications. One of these is that the application must include:
a bona fide scientific research proposal, i.e., one that is properly designed using scientific methods focusing on a specific topic, that advances and/or supplements the scientific knowledge of panda ecology, and that is specifically relevant to the expertise of the institution.
Now, we have been told that the Taipei Zoo will conduct research on their new arrivals. But I AM curious: Has the zoo submitted its research proposals? Have these proposals been peer-reviewed? Are they available for public criticism? And if not, why not?
Oh yes, and one final thing. Does the zoo have "a plan to ensure that the public display of pandas will not interfere with the research activities"?
Or would such a plan interfere too greatly with the animals' primary function of income generation?