Journal•ISSN: 1067-6058
Environmental Law & Management
Wiley
About: Environmental Law & Management is an academic journal. The journal publishes majorly in the area(s): Environmental law & Environmental impact assessment. Over the lifetime, 38 publications have been published receiving 122 citations.
Topics: Environmental law, Environmental impact assessment, Emissions trading, Climate change, Contaminated land
Papers
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18 citations
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13 citations
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TL;DR: In this article, the authors consider the extent to which the response so far to environmental crime (including, but not limited to, the new EU Directive) has neglected the impact of such crime on the victims of that crime.
Abstract: In 2008, the EU adopted Directive 2008/99/EC on the
protection of the environment through the criminal law, to be implemented in Member States by December 2010. Although
the enforcement of environmental legislation by means of the
criminal law is by no means novel, it has often played a
secondary role to administrative sanctions and civil penalties. This Directive is thus perhaps indicative of a hardening of attitudes over breaches of environmental law. Nevertheless, this article considers the extent to which the response so far to environmental crime (including, but not limited to, the new EU Directive) has neglected the impact of such crime on the victims of that crime. The study of victims has become a key element in modern-day criminology, seeking to ensure broad acknowledgement, and respect, for the rights of victims. But in the case of environmental crime, there remains a noticeable gap. Although there are undoubtedly procedural difficulties in involving environmental victims in the criminal justice system,
these are not insurmountable. Indeed there are a number of
positive examples of where this is beginning to occur. In addition to a substantive critique of the directive, this article brings together doctrinal legal scholarship and theoretical criminology to address themes that have existed in parallel but have rarely been considered synergistically.
11 citations
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TL;DR: A reflection on the HMG's decision to disband an expert policy advisory body dating back to the origins of C20 environmental policy and law can be found in this article, where the authors discuss the impact of the decision.
Abstract: A reflection on the HMG's decision to disband an expert policy advisory body dating back to the origins of C20 environmental policy and law
11 citations