Page 80 - AEI Insights 2020 - Vol. 6, Issue 1
P. 80

AEI Insights, Vol 6, Issue 1, 2020



                       nationals for fiscal offences and the obligation to consult with the requesting State
                       before refusing extradition.”
                                                  20


               Definitions on hazardous waste
                   •  Basel Convention defines ‘hazardous’ waste on the basis of the pollutants it contains
                       such as lead, mercury, cadmium, chromium, arsenics, etc. Together with the definition
                       of hazardous waste, international provisions stress the international ban to import any
                       sort of hazardous waste to African states parties to the Bamako Convention, from any
                       state not part of it.
                   •  Bamako Convention uses a similar language to that of the Basel convention, but has a
                       stronger reference to  the prohibition  of all imports  of hazardous waste; it does  not
                       except on certain types of hazardous waste (like those for radioactive materials) made
                       by the Basel convention.


               Gaps, barriers and potential solutions


                 Gaps and barriers                            Potential Solutions

                 wide range of crimes associated with it      emphasis should be put on the prevention of
                                                              environmental  crimes  in  the  linked
                                                              legislations;


                 transnational                                efforts should be harmonized; improvement
                                                              of  institutional  collaboration  between
                                                              different agencies and stakeholders involved
                                                              in environmental protection

                 lack of internationally recognized definition  create   an   internationally   recognized
                 - only an often used common understanding  definition,  which  addresses  environmental
                                                              crime explicitly

                 lack  of  understandings  and  approaches  existing environmental standards should be
                 between and among States – how to combat  systematized
                 crimes

                 knowledge  gap  between  environmental  establishment of gap bridging mechanisms;
                 crimes and corruption                        information  systems  that  provide  valuable
                                                              information on companies and can serve as
                                                              monitoring  tools  for  law  enforcement
                                                              agencies
                 link  between  environmental  crimes  and  simplification  of  market  regulations  and
                 corruption is to be favored by a number of  increased transparency
                 circumstances;  high  tax  burden,  excessive



               20   United  Nations  Convention  Against  Transnational  Organized  Crime  And  The  Protocols  Thereto  (2014):    United  Nations
               Convention Against Transnational Organized Crime; https://www.unodc.org/documents/middleeastandnorthafrica/organised-
               crime/UNITED_NATIONS_CONVENTION_AGAINST_TRANSNATIONAL_ORGANIZED_CRIME_AND_THE_PROTOCOL
               S_THERETO.pdf  (accessed on 15.07.2019)

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