Environmental Offences: The Reality of Environmental Crime

2005 ◽  
Vol 7 (3) ◽  
pp. 190-200 ◽  
Author(s):  
Michael Watson

Economic instruments, informational devices, voluntary agreements and command and control regulation are just some of the techniques modern states use to protect the environment. The last of these — command and control — is sometimes dismissed as an increasingly obsolete strategy. It is often alleged that environmental offences are not ‘real’ crimes. They are merely ‘quasi-criminal’ regulatory offences. This article rejects this view. It argues that environmental crime is a serious and growing problem. It examines fly-tipping in the United Kingdom and claims that environmental offenders often have very strong financial incentives to break the law. It claims that fines are currently too low and that serious consideration should be given to the increased use of civil and administrative penalties.

2021 ◽  
Vol 18 (3) ◽  
pp. 377-397
Author(s):  
Marta Flores

Abstract After Brexit, the United Kingdom will become a third State to all effects. As far as insolvency is related, this will imply substantial changes regarding the recognition and enforcement of the UK insolvency proceedings. This paper purports to analyze the consequences a Hard-Brexit will have on insolvency-related matters, by describing the effects that should be expected with regard to the recognition in Spain of each of the proceedings that the UK legislation foresees for financially distressed debtors, namely administration, winding-up, voluntary agreements, bankruptcy and schemes of arrangement (which are dealt with separately due to their hybrid nature).


2017 ◽  
Vol 25 (1) ◽  
Author(s):  
Kareem Adebayo Olatoye ◽  
Abubakri Yekini

The globalisation of Islamic finance has brought the adjudication of Islamic finance disputes before non-Muslim courts and arbitral tribunals in Europe, America and elsewhere. Expectedly, the issue of the validity of the selecting Islamic law as the governing law of an Islamic finance contract often arises before these courts and tribunals. The article seeks to address the attitude of the United Kingdom and Nigerian courts to this unique problem. The thesis of the paper is that while the parties’ reasonable expectations in having their Islamic finance contracts governed by the Shari’ah may be met in Nigeria and by extension in other Muslim-majority countries, the contrary is the case in the United Kingdom and Europe where the courts do not generally favour the application of Islamic law. The paper advocates that the doctrine of the proper law of contract should be extended to Islamic finance by upholding Islamic law as the law selected by the parties (on the basis of party autonomy) or alternatively, as the system of law with which an Islamic finance transaction is most closely connected.


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