Time for a Protocol on Transnational Environmental Crime?

2021 ◽  
Author(s):  
Gregory L. Rose

Environmental law became global through the adoption of environmental treaties in the last quarter decade of the 20th century. Similarly, globalisation of criminal law accelerated when the Convention on Transnational Organised Crime 2000 (CTOC) deepened international legal cooperation between States to combat transnational crime. A protocol to the CTOC, complemented by voluntary guidelines and model legislation, could promote international harmonisation of laws against environmental crimes. This article argues that the time is right to bring together certain elements of international environmental and transnational criminal law.

2021 ◽  
pp. 1-6
Author(s):  
Gregory Rose

Environmental law became global through the adoption of environmental treaties in the last quarter decade of the 20th century. Similarly, globalisation of criminal law accelerated when the Convention on Transnational Organised Crime 2000 (CTOC) deepened international legal cooperation between States to combat transnational crime. A protocol to the CTOC, complemented by voluntary guidelines and model legislation, could promote environmental crime harmonisation. This article argues that the time is right to bring together certain elements of international environmental and transnational criminal law.


Author(s):  
Peter J. Stoett

This chapter looks at whether and how international organizations and criminal law can help us deal effectively with transnational environmental crimes and, more broadly, with environmental insecurity and injustice. It explores the question of whether the climate change justice agenda can benefit from the expanded pursuit of transnational environmental crime. The chapter asks whether international environmental law, refurbished, act as a mitigating factor in climate change. It concludes that while current international legal instruments can help spur additional action, by themselves, they will prove inadequate. Consequently, one idea proposed is a new international environmental court to deter all forms of ecocide.


2021 ◽  
Vol 2 ◽  
pp. 69-73
Author(s):  
Galina V. Arsenyeva ◽  
◽  
Irina S. Khramova ◽  

The article is devoted to the study of the evolution of Russian legislation on environmental crime. The empirical basis of the study was made up of legislative acts of the mid-XVII — early XX centuries. The main trends in the evolution of criminal law protection of natural objects are revealed. The authors came to the conclusion that despite a certain unsystematic and casuistic nature of the legislation establishing responsibility for environmental crimes, the provisions of legislative acts of the mid-XVII — early XX centuries served as the basis for further development of the system of environmental crimes.


2017 ◽  
Vol 1 (1) ◽  
pp. 1-150 ◽  
Author(s):  
Valsamis Mitsilegas ◽  
Fabio Giuffrida

The last decades have witnessed a growing emphasis on the relationship between environmental law and criminal law. Legislation aimed at tackling environmental crime has been adopted at national,eu, and international level and has been gradually evolving over time. These developments notwithstanding, the current legal framework faces a number of challenges in tackling the largely inter-related phenomena of transnational, organised and economic environmental crime. This study of Valsamis Mitsilegas and Fabio Giuffrida addresses these challenges by focusing on the role of the European Union- and more specifically its criminal justice agencies (Europol and Eurojust)- in tackling transnational environmental crime. The study analyses the role of Eurojust and Europol in supporting and coordinating the competent national authorities dealing with investigations and/or prosecutions on transnational environmental crime, and it shows that, for the time being, the full potential of these agencies is not adequately fulfilled with regard to fighting this phenomenon effectively.


2016 ◽  
Vol 12 (1) ◽  
pp. 245-247
Author(s):  
Elena V Frolova

In this article, on the basis of the analysis of scientific approaches in the theory of criminal law and criminal legislation of the Russian Federation in the field of environmental protection describes some of the problems of the definition of "environmental crimes". It seems the author's definition of "environmental crime".


2020 ◽  
Vol 52 (03) ◽  
pp. 100-103
Author(s):  
Nigar Fazil Mammadova ◽  

Key words: European Union, environmental, crime, environmental law, develope


2013 ◽  
Vol 77 (3) ◽  
pp. 215-230
Author(s):  
Julie Adshead

This article examines some of the characteristic features of environmental offences, in particular the ways in which these offences and their treatment in the courts deviate from general principles of criminal law. Despite the fact that environmental offences are often labelled as ‘quasi-criminal’, there has been long-standing criticism of penalties, particularly the low level of fines in magistrates' courts. The article also considers the possible reasons behind this and argues that, as well as the inexperience of lay magistrates, the perception of environmental crime, fuelled by the strict liability nature of most environmental offences, is a significant factor. The recent introduction of civil sanctions is evaluated along with recommendations for new sentencing powers and sentencing guidelines. The article concludes by considering further suggestions for more effective enforcement of environmental crime in the courts, including the introduction of specialist magistrates' courts and the use of more fault-based offences or a general defence of due diligence for environmental crimes.


Author(s):  
Stuart Bell ◽  
Donald McGillivray ◽  
Ole W. Pedersen ◽  
Emma Lees ◽  
Elen Stokes

This chapter is concerned with environmental crime and the enforcement of environmental law. It starts with some consideration of the difficult definition of ‘environmental crime’, including the distinction between moral and legal meanings of the term. Some of the basic framework of environmental crime, which helps to explain several of the approaches to the enforcement of environmental regulation, is then considered. For example, the fact that many environmental crimes are strict liability offences explains why the rate of successful prosecutions is high, but may also provide an explanation as to why some consider the sanctions that are imposed by the courts to be too low. A large part of the chapter is dedicated to a discussion of the enforcement practices adopted by regulatory agencies in England and Wales, including discussion of the use of civil sanctions instead of prosecutions and the recently enacted sentencing guidelines for environmental offences.


2020 ◽  
Vol 1 (2) ◽  
pp. 139-148
Author(s):  
Sahat Maruli Tua Situmeang

ABSTRACT   Application sanctions for the perpetrators of environmental crime whether committed by individuals and carried out by the corporation can be executed by means of administrative law, civil law or through criminal law. Of some sanctions in its application should be through a thorough and careful assessment in accordance with the characteristics, objectives and benefits of the application of sanctions. In this study, the authors conducted a study on the application of sanctions for perpetrators of environmental crimes, either in the form of administrative sanctions, and sanctions in the form of a court decision which is done through a civil action or criminal sanctions proposed by puitusan court investigator, so they will know particularly the effectiveness of any sanctions to be imposed criminal sanctions against the perpetrators of environmental crimes. The research method used in this research using normative juridical research method, by studying legal norms that exist that can be used as a guide for the implementation of laws that already exist. Through this study, the researcher has an opinion that the sanctions that are considered most effective to be applied to the perpetrators of environmental crime and the enforcement of environmental laws, namely by means of administrative law with the form of sanctions to freeze and / or revoke the business license of each corporation who have committed crimes environment.   Keywords: Environmental Crimes, Penalties Law, Environmental Law Enforcement   ABSTRAK   Penegakan hukum bagi para pelaku kejahatan lingkungan hidup telah diatur dalam bentuk sanksi sebagaimana yang telah dimuat dalam Undang-undang Nomor 32 Tahun 2009 Tentang Perlindungan dan Pengelolaan Lingkungan Hidup.  Penerapakan sanksi bagi para pelaku kejahatan lingkungan hidup  baik yang dilakukan oleh perorangan maupun yang diakukan oleh korporasi dapat dijalankan melalui sarana hukum adminstrasi, hukum perdata maupun melalui hukum pidana. Dari beberapa sanksi yang telah diatur dalam Undang-undang Nomor 32 Tahun 2009 tersebut dalam penerapannya haruslah melalui suatu kajian secara seksama dan cermat sesuai dengan karakteristik, tujuan dan manfaat dari penerapan sanksi tersebut. Penelitian ini bertujuan untuk mengetahui efektifitas dari suatu sanksi, terlebih sanksi pidana yang akan dijatuhkan terhadap para pelaku kejahatan lingkungan hidup melalui metode penelitian yuridis normatif,  yaitu dengan mempelajari norma-norma hukum yang ada yang dapat digunakan sebagai suatu  panduan untuk terlaksananya undang-undang yang telah ada. Melalui penelitian ini, peneliti  memiliki suatu pendapat bahwa penerapan sanksi yang dianggap paling effektif  untuk diterapkan bagi para pelaku kejahatan lingkungan hidup dan dalam rangka penegakan hukum lingkungan yaitu melalui sarana hukum administrasi dengan bentuk sanksi membekukan dan/atau mencabut ijin usaha setiap korporasi yang melakukan kejahatan lingkungan. Kata kunci : Kejahatan Lingkungan Hidup, Sanksi Hukum, Penegakan Hukum Lingkungan


2015 ◽  
Vol 2 (3) ◽  
pp. 133-139
Author(s):  
Y A Tymoshenko

On the basis of the analysis made to the duration of the criminal law changes to the rules on environmental crimes concluded that often the legal adjustments are haphazard and does not take into account the features of this category of crimes, as well as the real needs of law enforcement in the field of criminal legal environment environment. In addition, attention is drawn to the need to respect rules of legislative technique in the construction of the criminal law regulations, so that the newly entered or modified rules allow to effectively counteract environmental crime.


Sign in / Sign up

Export Citation Format

Share Document