Page 69 - AEI Insights 2020 - Vol. 6, Issue 1

AEI-Insights: An International Journal of Asia-Europe Relations
ISSN: 2289-800X, Vol. 6, Issue 1, January 2020

DOI: https://doi.org/10.37353/aei-insights.vol6.issue1.5

Report

DEFINING THE ENVIRONMENTAL CRIME – WHY IS THE GLOBAL
LEGAL AND POLITICAL ACTION URGENTLY NEEDED

Anis H Bajrektarevic

International Law & Global Political Studies,
Vienna, Austria

anis@corpsdiplomatique.cd

Abstract

Preservation and protection of environment appears as one of the largest challenges of our time.
It necessitates urgent but also comprehensive, planetary action. One of the key issues is to
define a scope of future international instrument as well as its definition. This requires global
political action which will then eventually translate into a coordinated legal action and finally
articulate itself in viable international treaty. Institutional collaboration among stakeholders
and agencies needs to be improved as much as the currently existing approaches need to be
harmonized. Only an improved institutional framework between agencies and stakeholders that
protects environment could enhance and accelerate cooperation to the levels equal to an
environmental and climate change challenge. The very creation of such framework could also
contribute to the harmonization of monitoring and reporting systems. It will also lead to more
coordinated, more effective and properly financed policy instruments as well as more efficient
legal enforcement on supranational, national and sub-national level.
Keywords: Treaty making, environmental challenge, inter-agency coordination, legal definition, political will

Introduction
Environmental crime is a complex subject matter, which coupled with a non-existing
internationally enforceable definition is calling for an urgent consideration. The variety of
wrongdoings against our environment, committed transnationally and on a daily basis is
happening with an accelerating severity and frequency. This makes it even more challenging
to combat these types of criminal activities and mitigate the damages caused by it, which impact
future generations. Committing crimes against the environment endangers sustainable
livelihoods, ecosystems, natural resources, that cannot be reproduced or renewed, as much as
it harms general health, social equilibrium and revenue streams of governments. Hence, lack
of common definition is coupled with a lack of understanding, financial resources and
knowledge on the subject matter. Therefore, it is of utmost urgency to start paving the way to
combat these types of crimes by transnationally brokered global instrument.
The complexity of the matter manifests in the wide range of criminal activities that are
associated with committing environmental crimes, such as money laundering, waste trafficking
and hazardous waste dumping, wildlife species smuggling, weapons, drugs – all of that
transcends domestic boarders. These types of crimes often take place in organized form and
are facilitated by other crimes, or by a lack of comprehensive legal frameworks. One of the
major facilitators is corruption, which is favored by high tax burden, excessive market
regulations, bureaucracy and high public spending. In addition, there is only a formalistic legal

approach in most of the countries to condemn these types of offences.

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