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Exploring the potential of criminal law in protecting the environment

Gert Vermeulen (UGent) and Wendy De Bondt (UGent)
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Abstract
The article reflects upon the potential of criminal law in protecting the environment. For that purpose, the author understands there are two challenges. Firstly, there is a lack of common understanding of the concepts related to the subject, such as no clear definition of what constitutes environment. Secondly, several issues also arise from the discretion with which the states are left by the international instruments, as well as complications originated from the complex interactions and interrelations between criminal law, administrative law and civil law, such as the liability of legal persons. Following this, there is an analysis of issues related to jurisdiction and international cooperation, all of which should be taken into consideration when exploring the criminal law to reinforce the international environmental law.
Keywords
Environmental offences., International cooperation, Liability, of legal persons, International environmental criminal law, Criminal law

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Citation

Please use this url to cite or link to this publication:

Chicago
Vermeulen, Gert, and Wendy De Bondt. 2013. “Exploring the Potential of Criminal Law in Protecting the Environment.” Revista Eletronica De Direito Penal 1 (1): 81–111.
APA
Vermeulen, Gert, & De Bondt, W. (2013). Exploring the potential of criminal law in protecting the environment. REVISTA ELETRONICA DE DIREITO PENAL, 1(1), 81–111.
Vancouver
1.
Vermeulen G, De Bondt W. Exploring the potential of criminal law in protecting the environment. REVISTA ELETRONICA DE DIREITO PENAL. State University of Rio de Janeiro; 2013;1(1):81–111.
MLA
Vermeulen, Gert, and Wendy De Bondt. “Exploring the Potential of Criminal Law in Protecting the Environment.” REVISTA ELETRONICA DE DIREITO PENAL 1.1 (2013): 81–111. Print.
@article{4127580,
  abstract     = {The article reflects upon the potential of criminal law in protecting the environment. For that purpose, the author understands there are two challenges. Firstly, there is a lack of common understanding of the concepts related to the subject, such as no clear definition of what constitutes environment. Secondly, several issues also arise from the discretion with which the states are left by the international instruments, as well as complications originated from the complex interactions and interrelations between criminal law, administrative law and civil law, such as the liability of legal persons. Following this, there is an analysis of issues related to jurisdiction and international cooperation, all of which should be taken into consideration when exploring the criminal law to reinforce the international environmental law.},
  author       = {Vermeulen, Gert and De Bondt, Wendy},
  issn         = {2318-4892},
  journal      = {REVISTA ELETRONICA DE DIREITO PENAL},
  keyword      = {Environmental offences.,International cooperation,Liability,of legal persons,International environmental criminal law,Criminal law},
  language     = {eng},
  number       = {1},
  pages        = {81--111},
  publisher    = {State University of Rio de Janeiro},
  title        = {Exploring the potential of criminal law in protecting the environment},
  url          = {http://www.e-publicacoes.uerj.br/index.php/redpenal/article/view/7144/5120},
  volume       = {1},
  year         = {2013},
}