School of Law

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Browsing School of Law by Advisor "Jorge, A"

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    The viability of legalising trade in ivory and endangered species products: A Namibian perspective with SADC comparisons
    (University of Namibia, 2025) Otto, Anne; Jorge, A
    This thesis investigates the viability of legalizing trade in ivory and endangered species products in Namibia and its impact on species conservation, anti-poaching efforts, and sustainable development. The study employs a mixed-methods approach, incorporating both doctrinal legal analysis and empirical data collection through questionnaires distributed to key 29 stakeholders, including conservation experts, government officials, and community leaders. The research objectives include evaluating current Namibian and international legal frameworks; assessing the ecological, economic, and enforcement implications of legalizing ivory trade; comparing Namibia's legal regime with South Africa, Botswana, and Zimbabwe; and proposing policy recommendations that ensure conservation while considering economic benefits for local communities. The study also explores the potential consequences of implementing legal trade systems, such as the risk of encouraging poaching and the mismanagement of wildlife populations. Key empirical findings indicate that while there is substantial support for legalizing trade, significant concerns remain about enforcement mechanisms, public trust, and the potential for increased poaching. The legal frameworks in Namibia, such as the Controlled Wildlife Products and Trade Act and the Prevention of Organised Crime Act (POCA), provide a strong foundation for wildlife crime prevention but are insufficient for regulating legal trade due to conflicting provisions on asset forfeiture and wildlife trafficking. Comparisons with South Africa and Zimbabwe reveal gaps in enforcement and coordination that could undermine a regulated trade system. The study concludes that legalizing trade in ivory is not currently viable due to the high risks of exploitation by criminal networks and the potential negative impacts on endangered species. Instead, Namibia should focus on strengthening anti-poaching efforts, enhancing community-based conservation programs, and seeking alternative income-generating activities for communities reliant on wildlife. The thesis recommends refining existing legal frameworks, improving cross-border enforcement cooperation, and exploring regulated trade options under stringent international supervision