Legislative action in response to the organ trade has centred on the prohibition of organ sales and the enforcement of criminal sanctions targeting ‘trafficking’ offences. This paper argues that the existing law enforcement response is not only inadequate but harmful. The analysis is based on empirical data gathered in Cairo, Egypt, among members of the Sudanese population who have either sold or arranged for the sale of kidneys.

The Convention on International Trade in Endangered Species (CITES) secured an agreement in 1989 among its member states to ban the international trade in ivory. This disruption of the international ivory market was intended to reverse a sharp decline in the African elephant population, which resulted from widespread poaching for ivory in the previous decade.