The crime of eco- States cide cannot replace the consideration for crim- inalization of harms that affect the environment, The State of criminalzation of violations of the Basel Convention and CITES for United Nations Member but instead it may be a helpful complement in the States which are parties to these conventions most egregious or systemic cases. [...] Some of the most important Constitutional Court, and the court subsequently held of the regional agreements and international conven- that the Atrato River had legal personhood deserving tions are discussed below before an analysis of the of protection under the law as recognized by the Co- state of criminalization for offences related to each of lombian Constitution. [...] For instance, Article 15 of the Rotterdam the Ban of the Import into Africa and the Control of Convention on the Prior Informed Consent Procedure Transboundary Movement and Management of Haz- for Certain Hazardous Chemicals and Pesticides in In- ardous Wastes within Africa, was established in 1991 ternational Trade provides the following: under the African Union. [...] Typically, the severity the criminal legislation and penal codes were not re- of the penalty depends upon the circumstances of the viewed; the focus was on the environmental legislation. [...] The crimes for which the pen- legislation pertaining to the environment; for exam- alties meet the UNTOC serious crime threshold in the ple, of the 193 Member States whose legislation was highest number of Member States are wildlife crime reviewed for this analysis only 37 appear to provide and waste crime.
- Pages
- 41
- Published in
- Austria
Table of Contents
- Findings 6
- Conclusions and Policy Implications 10
- Introduction 12
- Regional agreements 14
- International conventions 14
- Methodology 18
- The Analysis 21
- The state of criminalization 21
- Legal vs natural persons 21
- Other sanctions 21
- Deforestation and logging 22
- Mining 23
- Pollution 24
- Air pollution 24
- Noise pollution 25
- Soil pollution 26
- Water pollution 27
- Fishing-related offences 28
- Waste-related offences 29
- Wildlife-related offences 30
- Geographic Variations in Criminalization of Crimes that Affect the Environment 32
- Africa 33
- Americas 33
- Asia 33
- Europe 33
- Oceania 33
- Conclusions and policy implications 36
- Regional groupings 38
- Endnotes 40
