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Green Crimes and International Criminal Law by Regina M. Paulose Pdf
‘Green Crimes and International Criminal Law’ examines crimes against the environment, which impact not only humans, but also wildlife and ecosystems more generally. A significant point of discussion in the volume is whether green crimes can fit effectively into existing international criminal law frameworks or not. Chapter authors explore these crimes from both a definitional and theoretical perspective and in various contexts in different parts of the world, questioning whether these violations have led to or are violations of international criminal law. While the recognition of green crimes in the international criminal law community has been slow, it has increasingly gained widespread attention. This volume acknowledges the growing interest and seeks to promote debate among academics and professionals working on the subject. The aim of these texts is to encourage meaningful action around green crimes within the international criminal law community so that environmental justice can become established. The collection will be of particular interest to practicing attorneys and academics studying international criminal law, especially those keen on investigating how green crimes can be incorporated into the specific canon of international law.
Green Criminology and the Law by James Gacek,Richard Jochelson Pdf
This edited collection is grounded in a green criminological approach to understand whether the law, both in effect and implications, reflects, refracts, or sublimates the social, political and ecological conditions of our times. Since its initial proposal in the 1990s, green criminology has focused the criminological gaze on a wide array of harms and crimes affecting humans, animals other than humans, ecological systems, and the planet as a whole. As a continuously blossoming field of criminological inquiry, green criminology recognizes and examines behaviours that are both illegal and legal (yet detrimental), and in varying ways has made great efforts to provide insight into harms in a more fulsome manner. At the same time, there have been many significant legal instances, domestic, and international, including case law, legislation, regulation, treaties, agreements and executive directives which have troubled the law’s understanding of green harms, illegal and legal activity, pushing legal boundaries in the process. Recognizing that humanity and nature are inextricably integrated, Green Criminology and the Law reflects the range and depth of high-quality research and scholarship, combining contributions from established scholars willing to explore new topics and recent entrants who are breaking new scholarly ground.
Environmental Criminal Liability and Enforcement in European and International Law by Ricardo Pereira Pdf
Environmental Criminal Liability and Enforcement in European and International Law assesses the legal, theoretical and practical implications of interstate cooperation aimed at harmonising environmental criminal law standards. The book analyses the rationales for criminalisation of environmental offences and the approaches to harmonisation under specific European and international legal instruments.
Prosecuting Environmental Harm before the International Criminal Court by Matthew Gillett Pdf
A novel and ground-breaking analysis of the prosecution of environmental harm before the International Criminal Court, addressing both the substance and procedure.
The Legal Regulation of Environmental Crime by Valsamis Mitsilegas,Elena Fasoli,Fabio Giuffrida,Malgosia Fitzmaurice Pdf
The Legal Regulation of Environmental Crime - The International and European Dimension provides a timely, comprehensive and holistic analysis of the international and EU legal frameworks aimed at tackling environmental crime. Bringing together a team of leading international and EU scholars with distinct expertise in environmental law and environmental criminal law, the volume discusses current reforms of environmental law at the international and EU levels.
Environmental Crime in Transnational Context by Toine Spapens,Rob White,Wim Huisman Pdf
Environmental crime is one of the most profitable and fastest growing areas of international criminal activity. The increasing cross-border scope of environmental crimes and harms is one of the reasons why governments and the enforcement community have trouble in finding the proper responses. Law enforcement cooperation between western industrialized states is often time consuming and problematic, and the problems increase exponentially when environmental criminals take advantage of situations where government and law enforcement are weak. This book provides an overview of the developments and problems in the field of transnational environmental crimes and harms, addressing these issues from perspectives such as enforcement, deterrence, compliance and emission trading schemes. Divided into four parts, the authors consider global issues in green criminology, responses to transnational environmental crimes and harms, alternative methods to combat environmental crime, and specific types of crimes and criminological research. Discussing these topics from the view of green criminology, sociology and governance, this book will be of great interest to all those concerned about the transnational dimensions of crime and the environment.
Addressing the Intentional Destruction of the Environment During Warfare Under the Rome Statute of the International Criminal Court by Steven Freeland Pdf
Acts perpetrated during the course of warfare have, through the ages, led to significant environmental destruction. These have included situations where the natural environment has intentionally been targeted as a 'victim', or has somehow been manipulated to serve as a 'weapon' of warfare. Until recently, such acts were generally regarded as an unfortunate but unavoidable element of armed conflict, despite their potentially disastrous impacts. The existing international rules have largely been ineffective and inappropriate, and have in practical terms done little to deter deliberate environmental destruction, particularly when measured against perceived military advantages. However, as the significance of the environment has come to be more widely understood and recognised, this is no longer acceptable, particularly given the ongoing development of weapons capable of widespread and significant damage. This book therefore examines the current international legal regime relevant to the intentional destruction of the environment during warfare, and argues that such acts should, in appropriate circumstances, be recognised as an international crime and should be subject to more effective rules giving rise to international criminal responsibility. It also suggests a framework within the Rome Statute of the International Criminal Court as to how this might be achieved. 'The purpose of international law has developed far beyond regulating relations between States, and has increasingly extended to prohibit conduct or activities with very harmful effects to the international community as a whole, and on individuals. One such prohibited conduct is the intentional and wanton destruction to the natural environment during armed conflict. Professor Freeland, in this book, has painstakingly and in a sophisticated manner recommended how individuals committing such a crime could be brought within the jurisdiction of the International Criminal Court in The Hague. It is highly recommended.' Abdul G. Koroma, former Judge, International Court of Justice 'Whilst international law has made significant strides in regulating the conduct of armed conflict, there is increasing concern about the environmental impacts of warfare. Deliberate environmental destruction can have devastating effects on present and future generations; yet, in terms of international criminal law, there has been relatively little by way of progress to deter such acts. This book is therefore extremely timely and presents a comprehensive and thought-provoking perspective as to why and how this concern could be addressed. With its insightful analysis, the book will undoubtedly stimulate further debate in this area, and is highly recommended to all those concerned with the impact of armed conflict on the natural environment.' Erkki Kourula, Judge, International Criminal Court (Appeals Chamber) 'Steven Freeland argues in favor of adding crimes against the environment to international law and to the jurisdiction of the International Criminal Court. His writing is pragmatic, skillful, and also full of heart. His is the most convincing argument for a proposition well ahead of its time. His book is a must-read. Freeland's research is compendious, his view clear-eyed, and his style gifted. Freeland's book, however, transcends environmental protection. He is among the fore-runners when it comes to thinking creatively about the sources of violence, insecurity, and instability in the international order. Yet, all the while, he retains the wisdom not to posit law as rapture saving us from collective rupture.' Mark A. Drumbl, Class of 1975 Alumni Professor of Law and Director of the Transnational Law Institute, Washington and Lee University
Environmental Crime and its Victims by Toine Spapens,Rob White,Marieke Kluin Pdf
Environmental crime is one of the most profitable and fastest growing areas of international criminal activity. These types of crime, however, do not always produce an immediate consequence, and the harm may be diffused. As such, the complexity of victimization - in terms of time, space, impact, and who or what is victimized - is one of the reasons why governments and the enforcement community have trouble in finding suitable and effective responses. This book provides a diverse and provocative array of arguments, critiques and recommendations from leading researchers and scholars in the field of green criminology. The chapters are divided into three main sections: the first part deals with specific characteristics of some of the major types of environmental crime and its perpetrators; the second focuses explicitly on the problem of victimization in cases of environmental crime; and the third addresses the question of how to tackle this problem. Discussing these topics from the point of view of green criminological theory, sociology, law enforcement, community wellbeing, environmental activism and victimology, this book will be of great interest to all those concerned about crime and the environment.
In little more than a decade, Green Criminology has become an established new perspective in the field. It embraces an exciting and wide range of topics, from controversies about genetic modification through corporate offending against the environment and human communities, to animal abuse. Green Criminology provides a focal point for longstanding and new areas of research as well as making important interdisciplinary connections.
Forging a Socio-Legal Approach to Environmental Harms by Tiffany Bergin,Emanuela Orlando Pdf
Environmental harms exert a significant toll and pose substantial economic costs on societies around the world. Although such harms have been studied from both legal and social science perspectives, these disciplinary-specific approaches are not, on their own, fully able to address the complexity of these environmental challenges. Many legal approaches, for example, are limited by their inattention to the motivations behind environmental offences, whereas many social science approaches are hindered by an insufficient grounding in current legislative frameworks. This edited collection constitutes a pioneering attempt to overcome these limitations by uniting legal and social science perspectives. Together, the book’s contributors forge an innovative socio-legal approach to more effectively respond to, and to prevent, environmental harms around the world. Integrating theoretical and empirical work, the book presents carefully selected illustrations of how legal and social science scholarship can be brought together to improve policies. The various chapters examine how a socio-legal approach can ultimately lead to a more comprehensive understanding of environmental harms, as well as to innovative and effective responses to such environmental offences.
In little more than a decade, Green Criminology has become an established new perspective in the field. It embraces an exciting and wide range of topics, from controversies about genetic modification through corporate offending against the environment and human communities, to animal abuse. Green Criminology provides a focal point for longstanding and new areas of research as well as making important interdisciplinary connections.
Victims of Environmental Harm by Matthew Hall (Criminologist) Pdf
In recent years, the increasing focus on climate change and environmental degradation has prompted unprecedented attention being paid towards the criminal liability of individuals, organisations and even states for polluting activities. These developments have given rise to a new area of criminological study, often called 'green criminology'. Yet in all the theorising that has taken place in this area, there is still a marked absence of specific focus on those actually suffering harm as a result of environmental degradation. This book represents a unique attempt to substantively conceptualise and examine the place of such 'environmental victims' in criminal justice systems both nationally and internationally. Grounded in a comparative approach and drawing on critical criminological arguments, this volume examines many of the areas traditionally considered by victimologists in relation to victims of environmental crime and, more widely, environmental harm. These include victims' rights, compensation, treatment by criminal justice systems and participation in that process. The book approaches the issue of 'environmental victimisation' from a 'social harms' perspective (as opposed to a 'criminal harms' one) thus problematising the definitions of environmental crime found within most jurisdictions. Victims of Environmental Harm concludes by mapping out the contours of further research into a developing green victimology and how this agenda might inform criminal justice reform and policy making at national and global levels.This book will be of interest to researchers across a number of disciplines including criminology, international law, victimology, socio-legal studies and physical sciences as well as professionals involved in policy making processes.
Exploring Green Criminology by Michael J. Lynch,Paul B. Stretesky Pdf
Few criminologists have drawn attention to the fact that widespread and significant forms of harm such as green or environmental crimes are neglected by criminology. Others have suggested that green crimes present the most important challenge to criminology as a discipline. This book argues that criminology needs to take green harms more seriously and to be revolutionized so that it forms part of the solution to the large environmental problems currently faced across the world. It asks how criminology should be redesigned to consider green/environmental harm as a key area of study in an era where destruction of the earth and the world’s ecosystem is a major concern and examines why this has remained unaccomplished so far. The chapters in this book apply an environmental frame of reference underlying a green approach to issues which can be addressed from within criminology and which can encourage criminologists and environmentalists to respond and react differently to environmental crime.
Carbon Criminals, Climate Crimes by Ronald C. Kramer Pdf
Carbon Criminals, Climate Crimes analyzes climate change from a criminological perspective. Four state-corporate crimes are examined: continued extraction of fossil fuels and rising carbon emissions; political omission related to the mitigation of emissions; socially organized denial; and climate crimes of empire. The final chapter reviews policies to achieve climate justice.
