Environmental crime is ever expanding especially in the late 20th century, although the recognition and acceptance of environmental crime has been more problematic. According to 2014 UN report on environmental crime crisis global environmental crime amounts to $213 billion dollars. There has been no universally accepted definition of environmental crime, it is considered to be term used to describe activities that harms environment. The primary hurdle in defining environmental crime is different perspective as what is an environment crime inserted in moral, philosophical or legal interpretations of harm when endorsement of harm in reality became a crime. The cross border reference nature of the transnational crime makes a more distinguishable feature. It includes activities such as peddling and bootlegging of plants, resources, animals and pollutants in contravention of rules established by multilateral environmental agreements or in violation of national laws. In England, Disraeli’s Rivers Act of 1876 (Prevention of Pollutant Act) and in US the Refuse Act of 1899 were a symbol or starting point in controlling pollution through domestic law. Transnational environment crime requires a strong legal response but due to its cross border nature intervention by different actors involved creates a complex web of crimes. The first problem arises itself from distinguishing between illegal and rather than being a socially motivated act.
Inhaltsverzeichnis (Table of Contents)
- Criminalization of activities harmful to Environment
- Argument against use of criminal law
- Victims of Environmental crime
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This paper investigates the emergence of transnational environmental crime as a significant issue within criminal and environmental law. The study aims to understand the methods used by international organizations to effectively address this type of crime, explore the role of non-state actors in environmental crime prevention, and offer tentative recommendations for combating transnational environmental crime.
- The criminalization of harmful environmental activities.
- Arguments for and against the use of criminal law in environmental protection.
- The nature and identification of victims in environmental crime.
- The role of international organizations and non-state actors in combating transnational environmental crime.
- Recommendations for effectively addressing transnational environmental crime.
Zusammenfassung der Kapitel (Chapter Summaries)
- Criminalization of activities harmful to Environment: This section examines the historical development of criminal enforcement in environmental law, highlighting the shift from predominantly civil enforcement to criminalization during the 1980s. It explores the rationale behind criminalizing environmentally harmful conduct in international environmental conventions, emphasizing the nature of environmental crime as a serious white-collar offense.
- Argument against use of criminal law: This section presents the primary argument against criminalizing environmental crime, which centers on the procedural complexities of criminal trials. It discusses the burden of proof, the challenges of establishing mens rea in environmental cases, and the high costs associated with criminal prosecutions.
- Victims of Environmental crime: This section delves into the concept of victims in environmental crime, arguing that the lack of identifiable victims is a misconception. It explores the diverse range of victims, including individuals, society, non-human entities, future generations, and the environment itself. This section also highlights the limitations of criminal law in addressing environmental crime, as it primarily focuses on individual victims, while environmental law recognizes environmental deterioration as an offense against society.
Schlüsselwörter (Keywords)
The primary keywords and focus topics of this text include environmental crime, transnational crime, criminal law, environmental law, international organizations, non-state actors, victims of environmental crime, and white-collar crime.
- Quote paper
- Talat Chaudhary (Author), Causes & Impact of Transnational Environmental Crime, Munich, GRIN Verlag, https://www.grin.com/document/1240103
