Full Description
The Legal Regulation of Environmental Crime - The International and European Dimension provides a comprehensive analysis of the international and EU legal regimes for tackling environmental crime. The book includes an in-depth analysis of the major international conventions as they relate to the regulation of environmental crime (CITES, Basel, MARPOL) and provides a holistic overview of the evolution and content of EU law in the field of environmental crime, covering substantive criminal law harmonisation, judicial cooperation and the role of EU criminal justice bodies and agencies (Europol, Eurojust and the EPPO) in fighting environmental crime. Further, the book addresses key recent policy and legislative developments in the field and offers a timely contribution to legal reform in view of the publication of new proposals on legislation on environmental crime at EU level.
Contents
Notes on Contributors
1 Introduction
2 Environmental Crime at the International Level Criminalisation of Illegal Trade in Wildlife under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (cites)
1 Introduction
2 cites and the Provisions for the Prohibition and Penalisation/Criminalisation of Illegal Trade in Wildlife
2.1 General Provisions and Institutional Structure of cites
2.2 Illegal Trade in Wildlife under cites in Conjunction with the Other Relevant International Instruments
2.3 Prohibition, Penalisation and Criminalisation of Illegal Trade in Wildlife under the Convention
2.3.1 Implementation of Article viii.1 of cites
2.4 Compliance with Article viii.1 of cites
3 Enforcement of Article viii.1 of cites
3.1 Domestic Enforcement
3.2 Enforcement through International Interinstitutional Cooperation
4 Illegal Trade in Wildlife and Covid-19
5 Concluding Remarks
Acknowledgments
3 Environmental Crime at the International Level Criminalisation of Illegal Traffic of Hazardous Wastes under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (Basel Convention)
1 Introduction
2 The Basel Convention and the Provisions for the Criminalisation of Illegal Traffic of Hazardous Wastes
2.1 General Provisions and Institutional Structure of the Basel Convention
2.2 Illegal Traffic of Hazardous Wastes under Article 9 of the Basel Convention
2.3 Criminalisation of Illegal Traffic of Hazardous Wastes under the Basel (and the Bamako) Conventions
2.3.1 Implementation of Article 9 of the Basel Convention
2.3.2 Compliance with Article 9 of the Basel Convention
3 Enforcement of Article 9 of the Basel Convention
3.1 Domestic Enforcement
3.2 Enforcement through International Interinstitutional Cooperation
4 Concluding Remarks
Acknowledgments
4 Environmental Crime at the International Level The International Convention for the Prevention of Pollution from Ships (The marpol)
1 Introduction
2 The marpol Convention: The General Introduction
3 marpol: Structure, Underlying Principles and the Enforcement
4 Concluding Remarks
5 Environmental Crime at the EU Level Substantive Criminal Law
1 Introduction
2 The Protection of the Environment within the EU: A Short History
3 EU Law and Environmental Crime: Constitutional Perspectives
4 The Environmental Crime Directive (2008/99/ec)
4.1 Actus Reus and Mens Rea
4.2 Liability of Legal Persons, Penalties and (Some) Gaps
5 Ship-source Pollution between EU (Criminal) Law and International Law
5.1 The Ship-Source Pollution Directive (2009/123/ec)
5.2 The Intertanko Case and the Autonomy of the Union Legal Order Vis-à-vis International Law
6 Environmental Offences and the Links with Organised Crime and Money Laundering
7 The Treaty of Lisbon and the Future of EU Environmental Criminal Law
7.1 Article 83 tfeu and Environmental Crime
7.2 A New Directive on Environmental Crime: Challenges and Opportunities for the EU Legislator
8 Conclusion
6 Environmental Crime at the EU Level Judicial Cooperation, Conflicts of Jurisdiction and Ne Bis in Idem
1 Introduction
2 Mutual Recognition Instruments to Fight Environmental Crime
2.1 Scaling Down Dual Criminality
2.2 The Concept of 'Judicial Authority'
2.3 Protection of Fundamental Rights
3 Conflicts of Jurisdiction in the European Union
4 Ne Bis in Idem
4.1 The Principle of Ne Bis in Idem at the European Level
4.2 Bis, Idem and Enforcement Condition
4.2.1 The 'Bis' Element
4.2.2 The 'Idem' Element
4.2.3 The Enforcement Condition in Article 54 cisa and Its Relations with Article 50 of the Charter
4.3 Application of Ne Bis in Idem to Criminal and Administrative Proceedings Concerning the Same Facts
4.3.1 Bonda, Fransson and Grande Stevens: Incompatibility between Double-track Systems and Ne Bis in Idem
4.3.2 A and B v Norway, Garlsson, Zecca and Di Puma, and Menci: (Partial) Compatibility between Double-track Systems and Ne Bis in Idem
5 Conclusion
7 Environmental Crime at the EU Level The Role of EU Agencies and Bodies
1 Introduction
2 Europol and Eurojust: Structure, Functioning and Powers
2.1 Competence of the Two Agencies and Classification of Their Activities
2.2 Structure and Operational Activities of Eurojust
2.3 Eurojust in Practice: Coordination Meetings, Coordination Centres and Joint Investigation Teams
2.4 Structure and Operational Activities of Europol
2.5 The Future of Europol in Light of the Revised Regulation
2.6 'Non-operational' Tasks of the Two Agencies and the Policy Cycle (empact)
2.7 Exchange of Information with National Authorities and the EU Agencies' Evolving Role
3 Europol and Cross-border Environmental Crime
3.1 Operational Activities
3.2 Non-operational Activities
4 Eurojust and Cross-border Environmental Crime
4.1 Operational Activities
4.2 Non-operational Activities
5 The European Public Prosecutor's Office
6 Conclusion
8 Conclusion The Regulation of Environmental Crime in International and EU Law: Coming of Age?
1 The Extent and Scope of Criminalisation
2 The Organised and Financial Crime Dimension
3 Compliance, Enforcement and a Multi-agency Approach
Index
