Open AccessJournal Article
Evaluation of implementation of the environmental crime directive in relation to wildlife crime
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TLDR
In this paper, the authors provide an evaluation of the implementation of the EU Environmental Crime Directive (ECD) and make several recommendations for further steps to improve its enforcement and effectiveness.Abstract:
Wildlife crime is one of main threats to biodiversity. It is often committed by organized criminal groups and generates them significant sums of money. Despite these facts, it remains underestimated by authorities that are responsible for enforcement of rules on environmental crimes. Efforts to adopt a common nternational legal framework within the Council of Europe have failed, also the EU’s Environmental Crime Directive is being implemented in a very limited way. On the basis of various studies, the article provides evaluation of this implementation, describes main shortcomings and indicates also several recommendations for further steps.read more
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Are Migratory Birds Extending Environmental Criminal Liability
TL;DR: In this paper, the Tenth Circuit borrows several elements embedded in the public welfare doctrine, such as foreseeability of regulation and foreseeable of harm, to find liability for future environmental regulatory crimes.
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Environmental crime and punishment: Empirical evidence from the German penal code
Christian Almer,Timo Goeschl +1 more
TL;DR: In this paper, the authors exploit a unique dataset to study the deterrent effect of criminal enforcement and find that standing trial provides one of the most significant deterrents, rather than the probability of conviction or the magnitude of fines.
Journal ArticleDOI
The Development of Environmental Criminal Law in the EU and its Member States
TL;DR: In this paper, the authors present a review of the environmental criminal law in Europe, focusing on the shortcomings of the Environmental Crime Directive (ECD) of 2008 and the fact that some of the aforementioned developments in Member States are not reflected in the Directive.
Posted Content
The Logic and Limits of Environmental Criminal Law in the Global Setting: Brazil and the United States--Comparisons, Contrasts, and Questions in Search of a Robust Theory
TL;DR: In this article, the authors seek answers to several questions of legal philosophy in search of a robust theory for criminal environmental law and enforcement in both the United States and Brazil, in order to create a sovereignty dividend encompassing the rule of law and evenhanded administrative control in the competitive global setting.
Posted Content
Are Migratory Birds Extending Environmental Criminal Liability
TL;DR: In this paper, the Tenth Circuit borrows several elements embedded in the public welfare doctrine, such as foreseeability of regulation and foreseeable of harm, to find liability for future environmental regulatory crimes.