Continuing the AIDP’s tradition in examining how to improve the protection of the environment through criminal law, this volume addresses various challenges and scientific concerns in relation to environmental crime. It touches upon a range of topics, from biodiversity to corporate criminal liability to jurisdictional or prosecutorial problems, and explores multiple national and regional enforcement systems, drawing from best practices. It brings together key proceedings of the Second AIDP World Conference on the Protection of the Environment through Criminal Law (Bucharest, May 18-20, 2016) organised by the International Association of Penal Law (AIDP) in collaboration with the Romanian Association of Penal Sciences, the Legal Research Institute of the Romanian Academy of Sciences and the Ecological University of Bucharest.
After defining environmental crime and discussing the extent of the environmental crisis, this book explores the causes, investigation, prosecution and prevention of all types of environmental crime.
The drive for harmonisation of environmental criminal standards at both the international and European level emerges from the increasing recognition of the scale and seriousness of environmental crime, the need to strengthen mechanisms of police and judicial interstate cooperation to combat cross-border crime, and the objective to ensure fair competition in a global economy and an integrated EU common market. The harmonisation of environmental criminal law requires a competent institutional framework able to convey the need for criminalisation of environmental harm while not overriding national aspirations to sovereignty in criminal matters. The book Environmental Criminal Liability and Enforcement in European and International Law assesses legal, theoretical and practical questions of harmonisation of national environmental criminal law and the mechanisms for cooperation by sovereign states under European and International Law, with a particular emphasis on legislative developments in the European Union, the Council of Europe and other international institutions, assessing the case for an extension of the jurisdiction of the International Criminal Court over international environmental crimes.
Community environmental law has existed for around 25 years. Today there are over 200 Directives and Regulations in force. However there are numerous cases where there is a failure to properly comply with Community environmental law. The extent of environmental crime clearly shows that something has to be done in order to stop this ever-growing, lucrative, illicit business. Some initiatives at European level have been taken by recurring to criminal law in order to have a better implementation of environmental law. In particular, the Council, in January 2003, decided to adopt a Framework Decision on the protection of the environment through criminal law. It adopted this instrument against the will of the Commission which had proposed instead a proposal for a Directive on the same object. This paper will examine what will be or could be the destiny of these instruments. Finally, in criminal matters, the accident of the Prestige made the European Institutions adopt new proposals in order to tackle the specific problem of ship-source pollution. It will be interesting to see what would/could become of these proposals.
Protecting the environment from pollution and other risks is now a central concern for citizens and governments. In recent years criminal law has replaced civil and administrative law at the forefront of environmental protection, because of its deterrent effect. This Convention criminalises pollution that causes or may cause serious damage or injuries. As many pollution incidents cross national borders, the Convention also aims at facilitating their investigation and prosecution at the international level. The Convention supplements the Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment (Eruopean treaty series 150, 1993, ISBN 9287123209)
In this exciting addition to Aspen’s Elective Series, Kathleen Brickey, a leading criminal law and white collar crime specialist and author of numerous scholarly publications, offers a unique perspective on the intersection of environmental law and criminal law. Using an interdisciplinary approach, the author covers major environmental and criminal law issues in a clear, concise style that is easily accessible to all students regardless of their backgrounds. An outstanding teaching tool, Environmental Crime is suitable for use in courses or seminars on environmental law, white collar crime, federal criminal law, public policy, and advanced criminal law.
"Environmental crime is a growing challenge for policy makers and law enforcers. This is an important and timely study which examines in depth how environmental crime is treated at national level within the European Union and the impact of the 2008 EU Directive on environmental crime on national systems. It will be required reading by anyone concerned with making environmental law more effective." Richard Macrory, Emeritus Professor, University College London The aim of this important new collection is to explore how environmental crime is controlled and environmental criminal law is shaped and implemented within the European Union and its Member States. It examines the legal framework, looking in particular at Directive 2008/99/EC, and the specific competences of the EU in this domain. In addition, it provides a detailed analysis of environmental criminal law in seven Member States, focusing inter alia on the basic legislation, the way in which environmental pollution is criminalised and the main actors in place to enforce environmental criminal law. In so doing, it provides a much needed explanation of the evolution of environmental criminal law in Europe at Union level and how this is implemented in selected Member States.
Environmental Crime: Pollution and Wildlife Enforcement is a complete introduction to some of the newest and most complex criminal statutes within the federal penal system. Regardless of whether a student has any background in environmental law or the federal criminal process, he/she will learn of the policy origins of environmental criminal enforcement, the centrality of prosecutorial discretion, federal criminal standards and procedure, and the most important pollution and wildlife crimes within the United States Code. Coverage includes the Clean Water Act, Clean Air Act, RCRA, CERLA, FIFRA, the Lacey Act, the Endangered Species Act and its enforcement of CITES, the Migratory Bird Treaty Act, the Bald and Golden Eagle Protection Act, animal fighting statutes, and other commonly used conventional statutes in criminal prosecutions. Professors and students will benefit from: Robust analysis of major pollution laws, their history, and why and how they are criminally enforced Broad examination of criminal laws governing wildlife protection and trafficking The role of international, state, and tribal laws in federal environmental enforcement Cutting-edge cases and case notes Numerous hypothetical case examples that link general federal criminal principles with environmental law A level playing field for students regardless of prior exposure to pollution and wildlife laws or criminal processes Interdisciplinary approach to the use of science in proving heightened burden of criminal environmental enforcement
Environmental crime is an increasingly serious problem nationally and internationally, and is an expanding field of study in today’s environmentally conscious classroom. Fully revised and updated, Environmental Crime, Second Edition revisits the early construction of environmental crime as a subject of study and addresses new and emerging subjects of study, specifically focused on the United States but including research from Europe, Australia, and around the world. Comprehensive and interdisciplinary in its focus, this Second Edition is written by a collection of experts in the field and presents themes related to the social, cultural, political, economic, scientific and legal contexts of environmental crime. Each chapter includes key terms, review questions, discussion questions, and references. The accessible style and easy-to-read format make Environmental Crime, Second Edition ideal for anyone from any discipline, with little to no exposure to the subject matter. New material added to the Second Edition: • New chapter on the relationship between social and political activism and legislative change • New chapter on crime theories specifically focused on environmental issues • Updates on the history and legislation • Updates on definition and related terms • Updates on state and local issues • Updates on police, courts, sentencing and punishments • New online link with additional resources for students Key Features: * Includes contributions from nationally and internationally known experts on the topic of environmental crime * Provides a comprehensive focus on the United States laws and policies related to environmental law, violations, punishments and sanctions * Includes a historical review of law creation and activist protests focused on organizing and changing laws around environmental protections and environmental harms * Interdisciplinary in its focus, the text includes biological sciences, history and political debates, economics, media, crime theory and its application, in addition to sections on international constructions of environmental crime and future research directions Instructor Resources: * Test Bank * Microsoft PowerPoint slides
Sustainable Development, International Criminal Justice, and Treaty Implementation provides a serious and timely perspective on the relationship between two important and dynamic fields of international law. Comprising chapters written by leading academics and international lawyers, this book examines how the principles and practices of international criminal law and sustainable development can contribute to one another's elaboration, interpretation and implementation. Chapters in the book discuss the potential and limitations of international criminalization as a means for protecting the basic foundations of sustainable development; the role of existing international crimes in penalizing serious forms of economic, social, environmental and cultural harm; the indirect linkages that have developed between sustainable development and various mechanisms of criminal accountability and redress; and innovative proposals to broaden the scope of international criminal justice. With its rigorous and innovative arguments, this book forms a unique and urgent contribution to current debates on the future of global justice and sustainability.
