International / European Environmental Criminal Court - A Comment on the Proposal of the International Academy of Environmental Sciences

14-01-2011

Different legal mechanisms can regulate actions that are dangerous to the environment in different ways. The IAES proposes the use of international and EU criminal jurisdictions to prevent and punish environmental crime, and puts forwards suggestions for relevant institutional reform.The two levels of the reform proposed by the IAES, that is European and international, would correspond to different rationalities, and could be complementary to each other. However, a reflection on the elements of an eventual definition of an environmental crime, at EU and international level, as well as procedural questions, including that of (collective) remedies, is still to be held, and remains central to holding polluters responsible both before international and EU judicial fora.

Different legal mechanisms can regulate actions that are dangerous to the environment in different ways. The IAES proposes the use of international and EU criminal jurisdictions to prevent and punish environmental crime, and puts forwards suggestions for relevant institutional reform.The two levels of the reform proposed by the IAES, that is European and international, would correspond to different rationalities, and could be complementary to each other. However, a reflection on the elements of an eventual definition of an environmental crime, at EU and international level, as well as procedural questions, including that of (collective) remedies, is still to be held, and remains central to holding polluters responsible both before international and EU judicial fora.