B.

) The State of Rincossi has not violated international law for its
prosecutorial decisions regarding Ambassador Cusi and the 20 members of
the Barnum Uritovsky.
As State-party to the Convention on Biological Diversity (CBD), the
Convention on International Trade in Endangered Species of Wild Fauna and Flora
(CITES), the United Nations Convention against Corruption (UNCAC), the United
Nations Convention against Transnational Organized Crime (UNTOC) and the
Convention on the Conservation of Migratory Species of Wild Animals (CMS),
Rincossi faithfully complied with the obligations in undertook pursuant to the
principle of Pacta sunt Servanda1. The State of Rincossi, in 1977, had enacted
legislation to protect wildlife and implement CITES. Under the Rincossi Flora and
Fauna Trafficking Act (Trafficking Act), international trade in violation of CITES 2 is
prohibited, and the Trafficking Act provides for the confiscation of illegally traded
specimens.
(1) The non-intervention principle found in Article 4 of UNCAC and Article 4 of
UNTOC
Article 4 of the United Nations Convention against Corruption (UNCAC) and
Article 4 of the United Nations Convention against Transnational Organized Crime
(UNTOC) provides for the principle of non-intervention in the domestic affairs of the

1 Article 26. "PACTA SUNT SERVANDA" Every treaty in force is binding upon the
parties to it and must be performed by them in good faith. PART III. Observance,
Application AND Interpretation of Treaties SECTION I. OBSERVANCE OF TREATIES,
Vienna Convention on the Law of Treaties
2 Convention on International Trade in Endangered Species of Wild Fauna and Flora,
Mar. 3, 1973

other State. Indeed in the case of Nicaragua v USA 3, the principle of nonintervention was described to involvethe right of every sovereign State to conduct
its affairs without outside interference; though examples of trespass against this
principle are not infrequent, the Court considers that it is

part and parcel of

customary international law. As the Court has observed: 'Between independent

States, respect for territorial sovereignty is an essential foundation of international
relations' (I.C.J. Reports 1949, p. 35), and international law requires political
integrity also to be respected. The prosecution of offenses are considered to be
domestic in nature. This is recognized by both UNCAC and UNTOC 4. Thus, the
subject of arrest and prosecution of Ambassador Cusi and the 20 members of
Barnum Uritovsky are domestic affairs which the State of Aliya cannot interfere by
virtue of the non-intervention principle well-recognized in the conventions it had
mentioned.
(2) The State of Rincossi had enacted Rincossi Flora and Fauna Trafficking Act, a
strict national legislation enforcing provisions of CITE
Rincossi Flora and Fauna Trafficking Act prohibits International trade in violation of
CITES and provides a penalty for CITES violation to eight years in prison along with
the confiscation of illegally traded specimens5, which complies Rincossi with its
obligation contemplated under CITES.

3 Military and Paramilitary Activities in and Against Nicaragua (Nicar. v. U.S.),

Judgment, 1986 I.C.J.
4 UNCAC, Article 30(9) and UNTOC, Article 10(6).
5 Rincossi Flora and Fauna Trafficking Act

Article 8 of the CBD6 requires Rincossi to comply with its provisions as far as
possible and as appropriate. This clause provides for flexibility that make the treaty
more attractive by authorizing the parties to manage the risks of joining the
agreement. These provisions function as insurance policies. They provide a hedge
against uncertainty that allows a state to revise, readjust, or even renounce its
commitments if the anticipated benefits of treaty-based cooperation turn out to be
overblown (Bilder 1981; Sykes 1991; Helfer 2005) 7. By reporting to Aliya, the
conduct of Ambassador Cusi, with respect to illegal trade of ivory and conducting
joint investigation along with confiscation of illegally imported ivory, Rincossi has
appropriately complied with its duty to protect biodiversity envisaged under CBD.
The other agreements mentioned to have been violated by the State of Rincossi are
non-binding and are considered to be soft law; this then reduces the credibility of
the commitment relative to a treaty because it represents a lower level of
commitment8.

6 Convention on Biological Diversity (CBD)

7 Flexibility in International Agreements Laurence R. Helfer
http://scholarship.law.duke.edu/cgi/viewcontent.cgi?
article=3077&context=faculty_scholarship
8 The Design of International Agreements Andrew T. Guzman The European Journal
of International Law Vol. 16 no.4, EJIL 2005