The Convention on Migratory Species at 45: A "Sleeping" Treaty Awakes

Document Type

Article

Publication Title

New York University Environmental Law Journal

Version

Prepublication draft

Journal Abbreviation

N.Y.U. Env’t L.J.

Abstract

Migratory species—traversing multiple political jurisdictions and hundreds, if not thousands, of miles—rely on a variety of habitats for feeding, breeding, and resting during their life cycles.  This makes them particularly vulnerable to what has been described as the triple planetary crisis of climate change, biodiversity loss, and pollution. The Convention on the Conservation of Migratory Species of Wild Animals (CMS) is designed to address these types of threats to endangered migratory species, as well as to those migratory species with an unfavourable conservation status or which would benefit from international cooperation. CMS was once described as a “sleeping” treaty plagued by inadequate funding and a small membership, leading to insufficient progress towards conserving migratory species. Since then, CMS has become engaged in real, on-the-ground conservation of migratory species. The CMS parties have adopted numerous resolutions to implement the requirements of CMS Article III(4) to conserve and restore habitats, remove obstacles to migration, and prevent and control factors that may endanger Appendix I species. These resolutions address a full range of threats to migratory species, including vessel strikes, powerlines, pollution, habitat loss, and many other threats. The parties are implementing numerous action plans for individual species and groups of species. They have adopted a National Legislation Programme to strengthen implementing legislation applicable to endangered migratory species included in Appendix I and a compliance mechanism to address failures to implement the requirements of CMS. CMS is now fully awake. Yet, CMS still faces significant funding challenges and would benefit from a larger membership. If the parties wish CMS to remain not only awake, but also relevant, they must be willing to provide the funds necessary to achieve the Convention’s fundamental goal: to maintain or restore populations of listed species to a “favourable conservation status.”

First Page

59

Last Page

144

Publication Date

2026

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