Open Access Research Article
FROM CONSERVATION TO CONVICTION: THE ROLE OF CRIMINAL JUSTICE IN THE INVESTIGATION AND PROSECUTION OF ENVIRONMENTAL AND WILDLIFE CRIMES.
Abstract
The evolution of environmental crime
as a regulatory issue has now reached a stage where it represents a significant
challenge to the international rule of law and global security. Criminal
activity in relation to the environment has reached unprecedented levels,
primarily due to the unlawful use of natural resources and most significantly
through illegal trafficking of wildlife. Illegal wildlife trafficking has
become a substantial performed highly organized enterprise based on the illicit
exploitation of natural resources, rivaling other organized crime in both
economic and social costs. The purpose of this paper is to evaluate how
effectively the system investigates, prosecutes, and punishes environmental
crimes in light of this increasingly complex transnational and transnational
legal framework.
Using a doctrinal analysis of a
number of different international legal instruments, including: the Convention
on International Trade in Endangered Species of Wild Fauna and Flora (CITES);
the United Nations Convention Against Transnational Organized Crime (UNTOC);
and relevant national legislation , this analysis of the wildlife crime
statutes will examine whether or not the current law enforcement responses to
wildlife-related crime and the prosecution of wildlife-related crime are
adequate, particularly with regard to issues relating to collecting, securing
and preparing evidence, jurisdictional limitations upon prosecutions,
prosecutorial discretion with respect to initiating and concluding
prosecutions, cooperation among agencies
involved in wildlife law enforcement, and the changing role of the judiciary
with respect to providing effective means for enforcing environmental
accountability.
This paper claims that regulatory
sanctions should no longer be merely applied to civil or administrative
enforcement but must include criminal sanctions for those who violate
environmental laws and argues that the current definition of environmental crime
must be expanded to encompass all violations of the law that cause damage to
the environment. As this paper demonstrates, existing environmental laws have
provided the necessary foundation for addressing the impacts of environmental
crimes on both the criminal justice system and the environment itself.
Published Paper
Author Details
Authors: ABHISHEK SHARMARegistration ID: 1013395 | Published Paper ID: IJLRA13395Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 1576-1593
Article Information
FROM CONSERVATION TO CONVICTION: THE ROLE OF CRIMINAL JUSTICE IN THE INVESTIGATION AND PROSECUTION OF ENVIRONMENTAL AND WILDLIFE CRIMES.
Authors: ABHISHEK SHARMA
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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