Comments
By letter dated January 19, 2023, the Permanent Representative of Azerbaijan to the UN transmitted a press release from the Azerbaijani Ministry of Foreign Relations outlining its commencement of the first-ever interstate arbitration under the 1982 Bern Convention on the Conservation of European Wildlife and Natural Habitats. The press release argues that Armenia engaged in "widespread deforestation, unsustainable logging, and pollution through significant construction and mining in the areas that were protected nature reserves" putting "over 500 wildlife species at risk in Azerbaijan." The press release cites a 2022 report by the UN Environment Programme in support of its contention of a Bern Convention violation. It further states that "Armenia has violated its legal obligations under the Bern Convention to maintain populations of all wild flor and fauna." Because this is the first case of arbitration under the Convention, no precedent is available to give insight into how this case might be decided.