ENFORCEMENT OF EU ENVIRONMENTAL LAW BY NATIONAL AUTHORITIES (3): ENVIRONMENTAL CRIMINAL LIABILITY

2007 ◽  
pp. 552-584
Keyword(s):  
Environmental Law ◽  
Criminal Liability

scholarly journals Applying the Precautionary Principle to Private Persons : Should it Affect Civil and Criminal Liability?

2005 ◽  
Vol 43 (1) ◽  
pp. 63-78 ◽  
Author(s):  
Bruce Pardy
Keyword(s):  
Precautionary Principle ◽  
Environmental Law ◽  
Criminal Liability ◽  
Strict Liability ◽  
Criminal Punishment ◽  
International Environmental Law ◽  
The Precautionary Principle ◽  
The Past ◽  
Precautionary Action ◽  
Domestic Law

The precautionary principle, developed in international environmental law, is a prospective concept. It can be used to decide what should be allowed to occur in the future. The question addressed in this article is whether, in domestic law, the precautionary principle should be applied retrospectively. Should precautionary behaviour be used as a standard to apply to the past actions of private persons, so as to judge whether those persons have acted legally ? In the civil realm, the answer is « yes ». Applying the precautionary principle in civil cases removes foreseeability requirements, and transforms liability based on fault into strict liability. In the criminal sphere, retrospective application of the precautionary principle is not appropriate. To require precautionary action on the part of an accused in an environmental prosecution transforms strict liability into absolute liability, and creates the potential for criminal punishment in the absence of culpability.

Energy and Environmental Policy in the European Community and Canada

1991 ◽  
Vol 4 (2) ◽  
pp. 185-220
Author(s):  
Alastair R. Lucas
Keyword(s):  
Environmental Policy ◽  
European Community ◽  
Environmental Planning ◽  
Oil And Gas ◽  
Environmental Law ◽  
Criminal Liability ◽  
Energy Sector ◽  
Tradeable Permits ◽  
Environmental Laws ◽  
Environmental Audits

European Community and Canadian federal environmental laws as they affect the energy sector -oil and gas, and non-nuclear electricity generation- are reviewed and comparatively analyzed. The study concludes that it is appropriate to consider the development of both the Canadian and European environmental law in terms of a federal model and that there are legal federalism lessons to be learned from both sides. While from an energy sector perspective EC and Canadian environmental policy and law have developed in a broadly similar manner, the study shows important differences in timing and pace of implementation. Canadian energy industries were required to respond earlier to strengthening and harmonizing of air quality standards, and to the scientific and public review demands of environmental assessment than their European counterparts. EC air pollution measures targeted the energy sector more directly and explicitly than is the case in Canada. The EC has also been more successful in coordinating and integrating environmental and energy policy, and is closer to implementing economic pollution control instruments such as tradeable permits and taxes. Canada has placed greater emphasis on civil and criminal liability, including personal liability ofcorporate officers and directors, and the energy sector hasresponded with environmental audits and improvements in compliance and corporate environmental planning. The Canadian energy sector has, to a greater extent than the European imdustry, been required to deal with increasingly extensive rights of the public to participate in environmental decisions.

scholarly journals Administrative Liability for Causing Damage to Selected Components of the Environment

2019 ◽  
Vol 4 (2) ◽  
pp. 5-15
Author(s):  
Branislav Cepek
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Criminal Liability ◽  
Civil Liability ◽  
Tort Law ◽  
Environmental Damage ◽  
The Public ◽  
Ecological Damage ◽  
Special Case ◽  
The Eu

The article deals with one of the most important and recent issues of the contemporary law of the Member States and the EU in the field of environment, which is criminal liability for environmental crimes which serves as a tool for promoting environmental protection. Environmental law can be divided into two basic types of environmental liability for damage to the environment and liability for damage. Liability for environmental damage is divided into civil liability for damage as well as liability of the public for ecological damage. A special case is liability for historical damage.The Directive on torts is divided into criminal liability and administrative liability. In this paper, the author focuses on the analysis of the contemporary Czech tort law in the field of biodiversity protection and considers several aspects of this a de lege ferenda issue.

scholarly journals Environmental Law that Affects the Green Behaviour of Undergraduates at Northeastern University

2021 ◽  
pp. 1141-1157
Author(s):  
Sapphasit Kaewhao
Keyword(s):  
Air Quality ◽  
Natural Resource ◽  
Environmental Law ◽  
Criminal Liability ◽  
Civil Liability ◽  
Environmental Damage ◽  
Quality Maintenance ◽  
Ecological Damage ◽  
The Mean ◽  
Maintenance Behaviour

The objectives of this study were.to study environmental damage, natural resource damage, ecological damage, civil liability, criminal liability, administrative liability, and green behaviour levels and to study the independent variables comprising environmental damage, natural resource damage, ecological damage, civil liability, criminal liability, and administrative liability affecting the dependent variable of the green behaviour of undergraduates. The research instrument was the questionnaire, and it was used for data collection from 400 undergraduates. The inferential statistics that were used was the multiple regression analysis. Research results was revealed that the mean scores of environmental damages, natural resource damage, ecological damage, civil liability, criminal liability, administrative liability, and green behaviour levels were at high levels for all aspects. Moreover, it was found that the criminal liability had the most effect towards people’s air quality maintenance behaviour at a rate of 23.6 percent and was statistically significant at the level of 0.01. It was followed by administrative liability with 17.00 percent, which was statistically significant at the level of 0.01. This might indicate that the undergraduates realized to the important of criminal liability to enforces the people’s air quality maintenance. Therefore, in order to control air quality effectively, the criminal liability is needed to use to accomplish the air quality control.

scholarly journals PERTANGGUNGJAWABAN PIDANA KORPORASI DALAM TINDAK PIDANA SUMBER DAYA ALAM

2016 ◽  
Vol 28 (2) ◽  
pp. 288
Author(s):  
Hariman Satria
Keyword(s):  
Natural Resources ◽  
Coal Mining ◽  
Environmental Law ◽  
Criminal Liability ◽  
Mining Law ◽  
Corporate Criminal Liability

AbstractIn ius constitutum of Natural Resources, the liability of corporate criminal, in any case, has been set in fve laws. First, fsheries and forestry law have similar formulation that corporations act as makers–undertakers are convicted. Second, plantation law, corporations act as makers –the corporations are convicted. Third, environmental law, corporations as makers –the corporation and the orderer are convicted. Fourth, mineral and coal mining law, corporations as makers –the board and the corporation are convicted. Indeed, there are inconsistencies in the regulation of corporate criminal liability in natural resources sector resulting in legal uncertainty.IntisariDalam ius constitutum SDA, paling tidak pertanggungjawaban pidana korporasi diatur oleh lima undangundang. Pertama UU perikanan dan kehutanan memiliki rumusan yang sama bahwa korporasi sebagai pembuat–pengurus dipidana. Kedua, UU perkebunan, korporasi sebagai pembuat–korporasi dipidana. Ketiga, UU lingkungan hidup, korporasi sebagai pembuat–korporasi dan orang yang memberi perintah dipidana. Keempat, UU minerba, korporasi sebagai pembuat–pengurus dan korporasi yang dipidana. Tegasnya ada inkonsistensi dalam pengaturan pertanggungjawaban pidana korporasi di sektor SDA sehingga menimbulkan ketidakpastian hukum.

scholarly journals PERTANGGUNGJAWABAN PIDANA KORPORASI DI BIDANG LINGKUNGAN HIDUP

2015 ◽  
Vol 9 (1) ◽  
pp. 101
Author(s):  
Dalinama Telaumbanua
Keyword(s):  
Environmental Law ◽  
Criminal Liability ◽  
Legal Entity ◽  
Corporate Actions ◽  
Corporate Criminal Liability ◽  
Environmental Crimes

<p><strong>Abstrak</strong><br /> Artikel ini mengangkat topic mengenai kasus lumpur lapindo yang ditinjau dari kacamata tanggung jawab pidana korporasi terkait hukum lingkungan. Topik ini menarik untuk dibahas untuk memberikan pemahaman mengenai tanggung jawab pidana korporasi akibat dari tindakan perusahaan (corporate actions). Perusahaan sebagai entitas hukum terdiri dari banyak pihak, diantaranya adalah pemilik dan direksi, sehingga penentuan mengenai pihak yang bertanggung jawab dalam kejahatan yang terkait lingkungan hidup menjadi kompleks. Namun demikian, situasi seperti inilah yang menjadikan issue pertanggungjawaban pidana korporasi atas tindakan korporasi yang berdampak pada lingkungan ], menjadi menarik untuk dilakukan. Terkait dengan kasus lumpur lapindo, Lapindo Brantas Inc harus bertanggungjawab secara pidana dan membayar ganti kerugian akibat aktivitas lumpur lapindo tersebut.</p><p> </p><p><strong><em>Abstract</em></strong><br /> This article discussed the Lapindo volcanic mud case viewed from the perspectives of corporate criminal liability related to environmental law. This topic is of particular interest in terms of providing a better understanding of corporate criminal liability as a result of the actions of the company (corporate actions). Being a legal entity made up of many parties, including the owners and directors, determining responsibility for environmental crimes in a corporation becomes more complex. However, such situation makes the issue of corporate criminal liability for corporate actions that affect the environment interesting to be discussed. With regard to the case of Lapindo mud incident, Lapindo Brantas Inc should be criminally liable and pay damages resulting from the Lapindo mud incident.</p>

scholarly journals Environmental law and legal assistance of individuals sustaining a traditional lifestyle

2021 ◽  
Vol 244 ◽  
pp. 12002
Author(s):  
Valery Anisimov ◽  
Dmitry Dyadkin ◽  
Yury Truntsevsky ◽  
Olga Shatilovich
Keyword(s):  
Russian Federation ◽  
Cultural Practices ◽  
Environmental Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
The North ◽  
Traditional Lifestyle ◽  
Key Issues ◽  
The Russian Federation ◽  
Explosive Devices

The purpose of the paper is to justify the need to make amendments to the Criminal Code of the Russian Federation, i.e. providing for exempting those individuals from criminal liability, who have committed acts, set forth formally, sustaining their traditional lifestyle in the North. The paper summarizes key issues of rights protection of indigenous minor peoples of the North (Khanty or Mansi), who sustain a traditional lifestyle, dealing with exploitation of ancestral lands: hunting, fishing, use of other resources. In the Khanty-Mansi Autonomous Okrug, it is very common when individuals are being prosecuted for illegal felling (Article 260, Criminal Code of the Russian Federation), as well as for illegal acquisition, transfer, sale, possession, transportation or carrying of explosives or explosive devices (Article 222.1, Criminal Code of RF). However, using these lands make it possible for the general public to do so too, and it is not only for relatives or friends of the owner of ancestral lands. Following the casework, it has been found that in a significant number of cases the investigation fails to establish either the direct ownership of items limited in circulation (gunpowder, ammunition) or specific individuals who carried out the felling in a particular place. Such being the case, the legal owner of the land or its part is held liable. This new law will protect the indigenous peoples of the North from inconsistent criminal repression and preserve their cultural practices.

scholarly journals The Shortcomings of Traditional Legal Solutions

2020 ◽  
pp. 24-68
Author(s):  
Elisa Morgera
Keyword(s):  
Multinational Enterprises ◽  
Environmental Law ◽  
Criminal Liability ◽  
National Level ◽  
International Criminal Law ◽  
International Human Rights Law ◽  
International Investment Law ◽  
Degree Of Protection ◽  
Legal Control ◽  
Environmentally Sound

This chapter discusses the ineffectiveness of national-level control over multinational enterprises—the legal control over a subsidiary of a multinational company by the host State, and the legal control over a multinational parent company by the home State. In addition, the chapter discusses the significant limitations to ensuring the environmentally sound conduct of business under international law. To that end, it focuses on State responsibility, civil and criminal liability in international environmental law, and international criminal law. The chapter then contrasts multinationals’ significant degree of protection under international investment law, to the protection afforded by international human rights law to victims of substandard conduct by private companies, including from an environmental perspective.

scholarly journals Environmental law and reconciliation with a representative of power under criminal law of Russia

2021 ◽  
Vol 244 ◽  
pp. 12021
Author(s):  
Sergey Zakharchuk
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Environmental Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Statistical Information ◽  
Legal Analysis ◽  
Criminal Legislation ◽  
First Time ◽  
Order Of Administration

Domestic criminal legislation provides for possibility of releasing from criminal liability a person who has committed a crime of small or medium gravity for the first time, provided that he/she has reconciled with the victim and made amends for the harm caused. Comparative legal analysis shows that similar norms are found in the criminal laws of foreign states. The article discusses issues related to the possibility of terminating a criminal case in connection with the reconciliation of parties in the event that a victim is a representative of authorities. As a result of analysis of scientific positions on this issue, as well as corresponding law enforcement practice, ambiguity in approaches to its solution was revealed. The presence of certain contradictions in the area under study is also confirmed by statistical information. The author substantiates the position on the need to establish a ban on exemption from criminal liability in connection with reconciliation with the victim, if a crime is committed against justice or the order of administration, and the victim is a representative of authorities. In this case, the victim acts as an additional objective manifestation of encroachment, and therefore, reconciliation cannot eliminate the harm done to the interests of the state - the main object of criminal encroachment. In order to resolve the problem, it is proposed to amend Article 76 of Criminal Code of Russian Federation.

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