The Fight Against Transnational Environmental Crime: A Legal Framework

Abstract

Transnational environmental crime is one of the fastest growing areas of cross border criminal enterprise involving high profits and low risk for those involved in wild life smuggling, the black market of ozone depleting substances, and the illegal trade of hazardous and toxic waste. It is increasingly characterized by commodity specific smuggling networks, the intrusion of criminal groups involved in other forms of illegal trade and in some cases politically motivated organizations for whom this generates income to support other activities. But unlike other forms of transnational crime, there is no international treaty to prevent, suppress, and punish those transnational environmental crimes. The global regulatory and enforcement community has therefore developed innovative collaborative mechanisms to meet both the criminal and the environmental challenges associated to this increasingly serious form of cross border crime. Despite their successes, their efforts remain under- resourced. This research paper examines the challenges of transnational environmental crime and efforts to respond to those challenges in the face of uncertain resources and limited awareness.