Time for a Protocol on Transnational Environmental Crime?

Environmental law became global through the adoption of environmental treaties in the last quarter decade of the 20th century. Similarly, globalisation of criminal law accelerated when the Convention on Transnational Organised Crime 2000 (CTOC) deepened international legal cooperation between States to combat transnational crime. A protocol to the CTOC, complemented by voluntary guidelines and model legislation, could promote international harmonisation of laws against environmental crimes. This article argues that the time is right to bring together certain elements of international environmental and transnational criminal law.

Time for a Protocol on Transnational Environmental Crime?

Environmental law became global through the adoption of environmental treaties in the last quarter decade of the 20th century. Similarly, globalisation of criminal law accelerated when the Convention on Transnational Organised Crime 2000 (CTOC) deepened international legal cooperation between States to combat transnational crime. A protocol to the CTOC, complemented by voluntary guidelines and model legislation, could promote environmental crime harmonisation. This article argues that the time is right to bring together certain elements of international environmental and transnational criminal law.

Exceptions in Multilateral Environmental Agreements

When negotiating multilateral environmental agreements, it is often necessary to balance the environmental objectives of the agreement against other countervailing social or economic values, in order to ensure that all relevant states are willing to become a party to the agreement. One way in which to accommodate divergent values is through the inclusion of exceptions to the substantive treaty obligations. This chapter considers three different models for exceptions in multilateral environmental agreements: exclusions, reservations or opt-outs, and ad hoc conditional rights. The chapter also explores the oversight mechanisms that are utilized in order to prevent abuse of these exceptions in practice. The research suggests that there is a trend towards increasing scrutiny of states that take advantage of exceptions in environmental treaties, through the use of both political, independent, and judicial mechanisms.