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.
Table of Contents
I. Criminalization of activities harmful to Environment
II. International Responses to Environment Crime
Political will
Implementing Policy Responses
Diplomacy Impediment
Improving Legal Framework
Strengthening of Criminal Justice Response
Promoting cultural change
Developing Understanding
III. Role of non-state actors for Transnational Environment Crime prevention
IV. Combatting Transnational Environment Crime
Law Enforcement Agencies
Establishing a Global Network to Address Crime against environment
Establishment of International Environment Court
Objectives & Core Themes
This paper aims to conceptualize transnational environmental crime, analyze the policy challenges associated with it, and evaluate the role of state and non-state actors in establishing an effective prevention framework. It explores the complexities of cross-border environmental offenses and assesses the necessity for a more integrated international legal response.
- The scope and definition of transnational environmental crime.
- Methods of criminalization and enforcement strategies.
- The multifaceted role of non-state actors in crime prevention.
- International cooperation and the potential for a specialized environmental court.
- The intersection of demand, policy, and criminal justice systems.
Excerpt from the Book
Criminalization of activities harmful to Environment
Initially, the enforcement of environmental laws means generally a civil enforcement although there were some instances where criminal enforcement was granted on the cases of pollution. Criminal enforcement gained momentum during the 1980s. The basic raison d’etre behind criminalization of harmful conduct in International environment convention is to prevent such thing which is harmful to the environment both at domestic and international state. The nature of environmental crime is such that it strongly emphasise to a serious white collar crime. Those who support greater use of criminal law as a pollution control and environmental protection employ two sets of arguments: based on presumed efficacy of sanctions and those based on moral consideration.
The argument of criminal sanctions is that it is based on the theory to prevent violations in a way that makes it higher as compared to the other approaches. As Peter Besson puts it “Deterrence efforts on people who never had contact with criminal justice system and for whom prosecution or investigation will have grave personal consequences”. In criminal law, “crime” requires proof of either that defendant intentionally violated the law or was negligent. Environmental violations on the other hand do not require demonstration of intention of any violations. Illegalities are infringement of authoritative rules promulgated and imposed by protection of environmental agencies. They are held by regarded by some as less serious than criminal activities and carry out minor civil penalties. The scope of environmental crime is broad it does not apply uniformly to all its branches. As a way to make it more advanced one needs to emphasize more on narrowly and behaviourally homogeneous environment crime.
Summary of Chapters
I. Criminalization of activities harmful to Environment: Explores the shift from civil to criminal enforcement and the theoretical justifications for criminalizing environmental harm.
II. International Responses to Environment Crime: Examines the various mechanisms, including diplomacy and policy, used to combat environmental crime on a global and national scale.
III. Role of non-state actors for Transnational Environment Crime prevention: Analyzes how non-state entities and third parties contribute to preventing environment-related crime through cooperation and surveillance.
IV. Combatting Transnational Environment Crime: Discusses the role of law enforcement, current global networks, and the argument for establishing an international environmental court.
Keywords
Transnational Environmental Crime, Environmental Law, Criminalization, Enforcement, Non-State Actors, Situational Crime Prevention, International Cooperation, Sustainability, Wildlife Trade, Policy Responses, Legal Framework, Deterrence, Environmental Protection, Biodiversity, Global Networking
Frequently Asked Questions
What is the core focus of this research paper?
The paper examines the growing problem of transnational environmental crime, characterizing its impact and evaluating how various legal and non-legal strategies can be employed to manage and prevent these offenses.
What are the primary thematic areas covered?
The focus lies on the criminalization of environmental harm, the role of political will, international policy responses, the involvement of non-state actors, and the institutional challenges of enforcement.
What is the central research question?
The study explores how transnational environmental crime manifests as a major legal challenge and examines the effectiveness of international organizations, states, and non-state actors in coordinating prevention efforts.
Which scientific methods are primarily used in this work?
The research utilizes an analytical and conceptual framework to assess existing environmental laws, policy responses, and criminological theories regarding law enforcement and situational crime prevention.
What topics are explored in the main body of the text?
The main sections cover the evolution of criminalization, the spectrum of international responses, the potential for third-party intervention in crime prevention, and proposals for improved judicial mechanisms.
How would one describe the paper using key terms?
The paper is best characterized by themes such as Transnational Environmental Crime, Environmental Law, Criminalization, Enforcement, Policy Responses, and Global Networking.
How does the author view the role of non-state actors?
The author argues that non-state actors have significant potential to act as guardians and monitors of environmental integrity, acting alongside governmental authorities to fill gaps in enforcement.
What is the author's stance on an International Environment Court?
The paper suggests that an international court could provide a necessary, centralized mechanism for scientific expert analysis, dispute settlement, and ensuring legal clarity for corporate environmental crimes.
Why is environmental crime described as a systemic issue?
It is framed as systemic because it involves complex networks of supply and demand, often profiting large organizations, and requires a collaborative, multi-level response rather than just localized policing.
What is the significance of the Jallikattu example in the text?
It serves as a case study highlighting the challenges of balancing traditional cultural practices with animal welfare regulations when attempting to curb environmental-related harm.
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- Talat Chaudhary (Autor:in), Causes & Impact of Transnational Environmental Crime, München, GRIN Verlag, https://www.grin.com/document/1240103
