Happy end of a long saga—Agreement on the Directive for the Protection of the Environment through Criminal Law

2008 ◽  
Vol 5 (3-4) ◽  
pp. 281-291
Author(s):  
Helge Elisabeth Zeitler

AbstractOnly one year ago, the proposal for a Directive on the Protection of the Environment through criminal law was presented in this Journal, when discussions in the Council had just started—in May 2008, political agreement between Council and the European Parliament was already reached. Despite of the Directive being less far-reaching than one could have hoped for—this a success story, if alone for the fact that it will bring finally a binding European instrument on environmental crime. The following article will focus on the content of the agreed text and the most significant differences compared to the original proposal of the Commission of March 2007.

2007 ◽  
Vol 4 (3) ◽  
pp. 213-220
Author(s):  
Helge Elisabeth Zeitler

AbstractEnvironmental crime has been a topic discussed in international fora for many years. In February 2007, the European Commission presented a proposal for a Directive on Environmental Crime. This is not the first legislative instrument in the area at the level of the European Union. But for reasons that go far beyond the environmental content of this proposal, its discussion in the Council, which was taken up in March 2007 under the German Presidency, will be most controversial and of particular interest not only to environmental lawyers.' The following article aims at providing some background on the fight against environmental crime at the international and European level by giving an overview over the content of the draft directive (I) with a focus on particularly controversial aspects (II) and finally looking at the institutional setting in which discussion of the proposal will take place in the Council and in the European Parliament (III).


Author(s):  
Peter J. Stoett

This chapter looks at whether and how international organizations and criminal law can help us deal effectively with transnational environmental crimes and, more broadly, with environmental insecurity and injustice. It explores the question of whether the climate change justice agenda can benefit from the expanded pursuit of transnational environmental crime. The chapter asks whether international environmental law, refurbished, act as a mitigating factor in climate change. It concludes that while current international legal instruments can help spur additional action, by themselves, they will prove inadequate. Consequently, one idea proposed is a new international environmental court to deter all forms of ecocide.


2021 ◽  
pp. 1-6
Author(s):  
Gregory Rose

Environmental law became global through the adoption of environmental treaties in the last quarter decade of the 20th century. Similarly, globalisation of criminal law accelerated when the Convention on Transnational Organised Crime 2000 (CTOC) deepened international legal cooperation between States to combat transnational crime. A protocol to the CTOC, complemented by voluntary guidelines and model legislation, could promote environmental crime harmonisation. This article argues that the time is right to bring together certain elements of international environmental and transnational criminal law.


2021 ◽  
Vol 2 ◽  
pp. 69-73
Author(s):  
Galina V. Arsenyeva ◽  
◽  
Irina S. Khramova ◽  

The article is devoted to the study of the evolution of Russian legislation on environmental crime. The empirical basis of the study was made up of legislative acts of the mid-XVII — early XX centuries. The main trends in the evolution of criminal law protection of natural objects are revealed. The authors came to the conclusion that despite a certain unsystematic and casuistic nature of the legislation establishing responsibility for environmental crimes, the provisions of legislative acts of the mid-XVII — early XX centuries served as the basis for further development of the system of environmental crimes.


2019 ◽  
Vol 52 ◽  
pp. 119-133
Author(s):  
Ariadna H. Ochnio

The scope of extended confiscation is determined, inter alia, by the choice of triggering offences in Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union. The question arises whether EU law guarantees appropriate limits of extended confiscation considering its specificity and the growing range of application in national legal orders. The study compared the normative framework of extended confiscation adopted in the criminal law of Poland, Romania, Germany, Austria, France, Spain, Finland, the Netherlands, and England and Wales. The list of offences, relevant for the scope of extended confiscation, is to be assessed by the Commission by 4 October 2019. The conclusions of the study concern the need to introduce, at the level of EU law, adequate safeguards against the disproportionate application of extended confiscation.


2021 ◽  
Author(s):  
Suria Amalia Suut ◽  
Mahmood Khamis Al Kalbani ◽  
Issa Quseimi ◽  
Abdullah Gahaffi ◽  
Arjen Wielaard ◽  
...  

Abstract This paper summarises a ONE development success story of reviving a mature brownfield in South of Oman, Field β, just within ONE year through collaboration between different disciplines, comprehensive data analysis, optimising and recompletion of existing wells. Field β, comprised of multi-stacked clastic reservoirs, was put on stream in 1980s and peaked in early 1990s. Pilot water injection started in 1993 and full field water flooding continued in 1997. After more than 35 years since start of production, one can say the field was already in the tail end of its life. It had been stabilizing at low rate after 25 years and starting to decline further and at some point was one of the potential candidates to be decommissioned. A new FDP (FDP18) for part of the field was delivered in 2018 with the first well drilled at the end of that year. In 2019, despite drilling further wells on the FDP18, production was declining and was at 2018 rate towards the year end. Intensive data analysis and integrated reservoir reviews per reservoir layers were actively performed and new opportunities and data gathering were identified. FDP18 wells from 2019 onwards were then deepened to also acquire log data over deeper than the target reservoirs. Further synergy between asset and exploration teams also instigated in new discoveries including oil in shallower carbonate reservoirs, which were logged and sampled when drilling the FDP18 wells. Declining production, low oil price and COVID-19 crisis that hit 2020 challenged the team to be more resilient and with ONE development mindset between development and WRFM team, also between asset and exploration team, existing long-term closed in and very low productivity wells were utilised to tap these new opportunities. As a result, the field production has been increased by more than double, highest since 10 years ago, with a potential of triple its production rate, all achieved through optimizing and recompletion of existing wells within 1 year, at a very attractive low UTC.


2017 ◽  
Vol 1 (1) ◽  
pp. 1-150 ◽  
Author(s):  
Valsamis Mitsilegas ◽  
Fabio Giuffrida

The last decades have witnessed a growing emphasis on the relationship between environmental law and criminal law. Legislation aimed at tackling environmental crime has been adopted at national,eu, and international level and has been gradually evolving over time. These developments notwithstanding, the current legal framework faces a number of challenges in tackling the largely inter-related phenomena of transnational, organised and economic environmental crime. This study of Valsamis Mitsilegas and Fabio Giuffrida addresses these challenges by focusing on the role of the European Union- and more specifically its criminal justice agencies (Europol and Eurojust)- in tackling transnational environmental crime. The study analyses the role of Eurojust and Europol in supporting and coordinating the competent national authorities dealing with investigations and/or prosecutions on transnational environmental crime, and it shows that, for the time being, the full potential of these agencies is not adequately fulfilled with regard to fighting this phenomenon effectively.


elni Review ◽  
2018 ◽  
pp. 28-28
Author(s):  
Nicola Below

The book “Environmental Crime in Europe” by the editors Andrew Farmer, Michael Faure and Grazia Maria Vagliasindi is the second edited volume of the the EU-project “European Union Action to Fight Environmental Crime" (EFFACE). The book is a follow-up to the results of the research strand of EFFACE dealing with actors, instruments and institutions involved in the fight against environmental crime and goes beyond a mere technical implementation study. The aim of this collection is to explore how environmental crime is controlled and environmental criminal law is shaped and implemented within the European Union and its Member States, from a technical and practical point of view. This article reviews the book.


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