On the judicial annulment of the 'domestic' trade moratorium in South African rhinoceros horn: a law and economics perspective

Collins, A. ORCID: 0000-0001-9805-9091, Cox, C. and Marire, J., 2020. On the judicial annulment of the 'domestic' trade moratorium in South African rhinoceros horn: a law and economics perspective. European Journal of Law and Economics, 49, pp. 361-372. ISSN 0929-1261

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Abstract

The legalization of rhino horn ‘domestic’ trade in South Africa potentially unleashes market forces featuring new entry, new tastes and new rhino horn products. This risks escalating the rhino-poaching crisis further. It is argued that institutional contradictions have been engendered by the South African High Court ruling in Kruger and another v Minister of Water and Environmental Affairs and others [2015] JOL 34725, whose assumptions are shown to be highly restrictive and seemingly poorly informed about the true nature of demand for rhino horn and the dynamics of poaching. The shortcoming in the legal decision-making pertains to not taking account of the absence of any evidence for the existence of domestic demand for rhino horns in South Africa. The key arguments presented herein align with support for the reinstitution of the rhino horn trade moratorium, as well as administrative measures implemented effectively to contain the poaching crisis.

Item Type: Journal article
Description: First Online: 10 April 2020
Publication Title: European Journal of Law and Economics
Creators: Collins, A., Cox, C. and Marire, J.
Publisher: Springer Science and Business Media LLC
Date: June 2020
Volume: 49
ISSN: 0929-1261
Identifiers:
NumberType
10.1007/s10657-020-09648-4DOI
1315414Other
Rights: © The Author(s) 2020. Open Access. This article is licensed under a Creative Commons Attribution 4.0 International License, which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons licence, and indicate if changes were made. The images or other third party material in this article are included in the article’s Creative Commons licence, unless indicated otherwise in a credit line to the material. If material is not included in the article’s Creative Commons licence and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder. To view a copy of this licence, visit http://creativecommons.org/licenses/by/4.0/.
Divisions: Schools > Nottingham Business School
Record created by: Linda Sullivan
Date Added: 21 Oct 2020 14:36
Last Modified: 18 Nov 2020 13:40
URI: http://irep.ntu.ac.uk/id/eprint/41389

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