Together with an internationally praised Constitution, South Africa can pride itself in having one of the best sets of environmental laws in the world, and since EIAs have become mandatory for projects that negatively affect the environment, our track record with respect to environmental protection has substantially improved from the Apartheid days. But as the integrated and proactive approach to environmental management has seemingly been established, a new provision was introduced: Section 24G of NEMA (“Rectification of unlawful commencement of activity”), allowing for retrospective authorisation of unlawful activities (i.e. activities identified in terms of S24 of NEMA). Six years after the introduction of the S24G rectification provision in NEMA, its ability to bring about increased levels of compliance is being questioned. The findings of this research show that in Gauteng S24G has had an ambivalent effect on compliance: while on one hand it has artificially increased compliance by rendering illegal activities legal, on the other, it has seriously undermined the overall compliance and enforcement effort by opening the door to abuse and effectively providing an escape route for potential criminals. It is argued that the schizophrenic character of S24G is at the heart of this dilemma. This research presents theoretical and practical perspectives on non-compliance and analyses data collected on S24G applications in Gauteng in order to determine the effect of S24G on compliance. It also identifies key factors influencing effectiveness of S24G, and derives from the above key performance areas to improve effectiveness of S24G. / Thesis (M. Environmental Management)--North-West University, Potchefstroom Campus, 2012

Today, when information plays a role ever more relevant, there is much discussion about the environmental crisis and the urgent need for a change in the human attitude towards our environment, and hence, ourselves. A part of humankind is becoming aware of the necessity to preserve the natural environment, in order to stop the destruction of its own species. Therefore, in this dissertation, we sought to identify, locate and evaluate, within a timescale, the Environmental Crime Fighting Activities and the Environmental Crime Preventive Activities performed by the contingent of 2º Environmental Battalion of Brigada Militar (2º EBBM). The research was done through data gathering at the eleven areas which make the environmental subdivisions of the 2º EBBM, referring to years from 2006 up to 2008. These data present themselves as incidents attended by the contingents of both the Environmental Groups (EG) and Platoons, on the matters of flora, fauna, pollution, mining, other environmental incidents, weapon capture, fishing net capture, capture of other materials, fabricated documents, flagrant arrests and Particular Terms; and also the data on the Environmental Education activities. Thereby, as the research took place, we concluded that the activities of contaminating streams, polluting the atmosphere, devastating forests, indiscriminate hunting and fauna habitat reduction, or even ravaging, plus many other means of environmental aggression, are still common. Finally, we could perceive that Informal Environmental Education plays an important role in preventing Environmental Crime, allowing a change of behavior by the society as part of the struggle for a healthy Environment. / Na atualidade, onde a informação assume um papel cada vez mais relevante, discuti-se muito a respeito da crise ambiental e da necessidade urgente de mudanças de atitude do ser humano para com seu ambiente e consequentemente, para consigo mesmo. Parte da humanidade está tomando consciência para a necessidade de preservar o ambiente natural, a fim de impedir a destruição de sua própria espécie. Com isso, buscou neste trabalho o objetivo de identificar, espacializar e avaliar temporalmente as Ações de Combate aos Crimes Ambientais e as Ações de Prevenção aos Crimes Ambientais, desenvolvidas pelos integrantes do 2º Batalhão Ambiental da Brigada Militar (2º BABM). A pesquisa se deu através da coleta de dados nas onze regiões que compõem as frações ambientais do 2º BABM, correspondendo aos anos de 2006 a 2008. Esses dados se apresentaram em forma de ocorrências atendidas pelos integrantes dos Pelotões e Grupos Ambientais (GA), nas áreas da flora, fauna, poluição, mineração, outras ocorrências ambientais, apreensão de armas, apreensão de redes, apreensão de outros materias, documentos confeccionados, prisões em flagrante e Termos Circunstanciado; e também nos dados das atividades de Educação Ambiental. Dessa forma, ao longo da pesquisa, pode-se concluir que ainda são comuns as práticas de contaminação dos cursos de água, a poluição atmosférica, a devastação das florestas, a caça indiscriminada e a redução ou mesmo destruição dos habitats faunísticos, além de muitas outras formas de agressão ao meio ambiente. Por fim, pode-se perceber que a Educação Ambiental Informal, por sua vez, desempenha importante papel na prevenção dos Crimes Ambientais, proporcionando uma mudança de comportamento em nossa sociedade na luta por um Ambiente saudável.

As agressões ao meio ambiente, num contexto de esgotamento de recursos naturais, vêm recebendo crescente importância aos olhos da sociedade e, nesse cenário, o meio ambiente passou a ser protegido pelo Direito Penal. Assim, muitas destas agressões, como a poluição, passaram a ser qualificadas como crimes ambientais tornando se necessária a produção de prova técnica para o seu devido julgamento. Este trabalho apresenta uma nova estratégia para caracterização de crimes ambientais de poluição e correlatos baseado em abordagem multiparamétrica. Para isso foram utilizadas análises de diferentes parâmetros como metais, razões de isótopos estáveis e compostos orgânicos (hidrocarbonetos aromáticos policíclicos), e análise estatística multivariada, com o intuito de obter uma assinatura química robusta dos poluentes da fonte suspeita e assim estabelecer correspondência com os mesmos parâmetros determinados no compartimento ambiental receptor. Ainda, foram incorporados alguns conceitos de metrologia, como o cálculo de incerteza de amostragem, conforme preceituam as novas tendências de desenvolvimento conceitual e metodológico das ciências forenses. Os sedimentos de um curso dágua altamente impactado por descargas diversas foram o objeto das investigações como sendo o compartimento receptor e o percolado de um aterro de resíduos industriais perigosos envolvido em um crime ambiental foi analisado como possível fonte. A abordagem multiparamétrica utilizada neste trabalho proporcionou uma melhor discriminação dos pontos de coleta com base na sua localização com relação às fontes de poluição por meio da Análise de Componentes Principais e as análises de metais realizadas nos sedimentos permitiram caracterizar um crime de poluição ambiental. As estimativas de incerteza de amostragem evidenciaram variações nos resultados principalmente decorrentes da heterogeneidade da distribuição dos contaminantes no meio o que implica que as incertezas devem, preferencialmente, ser estimadas e reportadas nas medições no âmbito forense para um efetivo apoio às tomadas de decisões nelas baseadas. / The aggressions to the environment in a context of depletion of natural resources have been receiving increasing attention in the eyes of society; therefore, the environment became protected by criminal law. For this reason, many assaults, such as pollution, were classified as environmental crimes, generating the need for scientific evidence to be used in the due judgment of these crimes. This paper presents a new method for characterization of environmental pollution and related crimes based on a multiparameter approach. This approach employs the analysis of different parameters such as metals, stable isotope ratio and organic compounds such as polycyclic aromatic hydrocarbons, and statistical techniques of multivariate analysis in order to obtain a robust chemical signature of the suspected source pollutants and then establish correspondence with the same parameters determined in the affected environmental compartment. In addition, some concepts of metrology were incorporated, such as uncertainty of sampling, as demanded by the conceptual and methodological trends in the development of forensic sciences. Watercourse sediments highly impacted by various discharges were investigated as the pollution sink and the leachate from a landfill of hazardous industrial waste involved in an environmental crime was analyzed as a possible source. The multiparameter approach used in this study provided a better discrimination of sampling points based on their location with respect to sources of pollution with the principal components analysis. The metal analysis in sediments allowed the characterization of a pollution crime in the studied stream. The estimates of uncertainty of sampling showed large variations in the results mainly arising from the heterogeneity of the distribution of contaminants in the environment. Hence, the uncertainties should preferably be estimated and reported in the forensic measurements to provide an effective support to decision making.

Through an analysis of the presence and nature of international monetary flows of non-declared origin and their relation to deviant knowledge, the thesis determines that both terrorism and organised crime are nurtured by a constant trickle from minor sources rather than by large financial transfers; and that anti-money laundering provisions are misapplied, taken too far, too expensive, and incapable of demonstrating their effectiveness. In lieu of more traditional policy recommendations, the thesis develops a complexity-theory based intelligence function, capillary intelligence, to improve the present information-gathering systems and generate consistent and context-relevant intelligence for the consideration of policy-makers. The intelligence function takes into account also the concept of self-organised criticality. The thesis fully adheres to the principle that efficiently applied intelligence-led approaches for detection of organised crime are demonstrably superior to a 'follow the money' approach. An extended concept of deviant knowledge is developed and five methodological techniques employed: Complexity theory, network theory, self-organised criticality, scaling theory, and intelligence treatment. The thesis is multidisciplinary and calls on contributions from International Law, Economics, Criminal Justice Studies, and Governance and Ethics. Its approach is illustrative and fits Baudrillard's 1981 methodological principles known as bricolage. Using five methodologies and six major case studies, the thesis reaches four conclusions. First, the rapid expansion in the currency component of the US money supply (M1) has no domestic explanation and can best be explained by an increase in overseas illegal traffics of various sorts. Second, terrorism and major organised crime are, for a large part, nurtured by a constant trickle of funds originating from minor crime, such as, respectively, smuggling of tobacco product and retail fencing, and sale of counterfeit luxury goods. Third, calculation of the cost of the application of anti-money laundering shows these to be cost-inefficient, apart from being highly intrusive. The thesis' calculations as well as prior literature makes it certain that such provisions, although inefficient, are enforced in a forceful exemplification of the deviant knowledge concept. Fourth, the thesis demonstrates the importance of organised crime in resource depletion and emphasises the nefarious consequences of such criminal behaviour, in particular as regards deforestation, since organised crime can apply the necessary pressure on the local population - in conjunction with extensive corruption of police or military personnel - and provide the managerial expertise to have the trees felled, transported internationally by ship and sold in another country often with false documentation as to the origins of the forest product. In a final case study, the tragic concept of resource curse is considered, in casu the island of Bougainville, PNG.

Criminal Law Protection of the Environment The subject matter of this diploma thesis is the topic of criminal law protection of the environment in the Czech Republic. The main attention is paid to the current legal regulation of criminal offenses against the environment in the Criminal Code. In addition to a more detailed analysis of the individual criminal environmental offenses, the thesis deals with the basic theoretical background of the criminal law protection of the environment, with the issues of legal liability in the field of environmental law and with the comparison of criminal liability with administrative liability. Further is discussed the question of criminal liability of legal entities in connection with environmental protection and at last but not least is also described the historical development and current forms of individual international, European and national legal sources of criminal protection of the environment. Keywords: Environmental Protection, Criminal Liability, Environmental Crime

This paper seeks to understand the relationship between the European Unions (EU)2008 directive over environmental crimes and the member states which wasimplemented it into their systems of law. The aim of the paper is to investigate theEUs power and influence over the member states through directives such as the2008 directive and how the member states implemented and perceived it. UsingCarol Bacchis WPR-approach for discourse analysis the power dynamics betweenthe EU and member states were investigated. The member states chosen to beanalysed were Sweden and former member United Kingdom (UK). The analysisfound that the member states were mostly receptive of the 2008 directive. AsSweden is the one left in the EU now, they also look upon the new proposeddirective from 2021 favourably however there are parts they question which can beoverstepping from the EU. The UK on the other hand did like the 2008 directive butas they left, they put forward a plan to better their environmental policies makinguse of the EU and international policies as guides. The power of the EU created bythe 2008 directive was limited due to lack of statistical data, proper reporting to theEU from member states and slow acting on circumstances changing quickly. Thenew 2021 proposed directive has been created to try address the issues found in the2008 directive.

Our drive to achieve economic development and growth is driving our planet to an unprecedented level of ecological destruction. The structural forces of capitalism together with a culture of consumerism is pushing the environment to its limits causing climate change, pollution and threatening the wellbeing of humanity and the ecosystem. This thesis seeks to reach a better understanding of harms and crimes committed against the eco-system. This will be achieved by applying a theoretical framework that incorporates criminology theories and theories from other disciplines on the famous case of BP Deepwater Horizon Oil Spill in the Gulf of Mexico. The paper shows that it is necessary to explore theories outside of traditional criminology to demonstrate how the root cause of environmental crime is inherently linked to capitalism.

During the last decades, climate change studies have been focusing more intensely on its anthopocenic essence, as the consequence of production and consumption patterns that require the intensive exploitation of the environment. In line with this school of thought, and new generations of studies on environmental crime, this work aims to present the environmentally and climate-related issues arising from land degradation in the Peruvian Amazon; focusing on those casual mechanisms developed from the collusion between Peruvian-economic policies and new private actors such as transnational corporations (TNCs). Relying on the assumption that: the processes moving the issue of climate change overcome the global space, and can be observed from regional, national or local point of view; this work's purpose is to analyze how a single country as Peru, currently considered of low ecological footprint, could, by means of the definition of national laws (environmentally and economic-related) burden climate change. The analysis focuses on a single case-study identified with the territory within the Northern Ucayali and Southern Loreto regions in Peru, and builds on the theory of state-corporate crime developed in the 1990s by Ronald C. Kramer and Raymond J. Michalowski to define the role of state-corporate relationships in the production of social harms. To show how this relationship is today shaping the globally spread issue of climate change, the analysis of the palm oil industry in Ucayali is presented as main example of a broader phenomenon of transgression and partnership between private and public spheres in Peru. In this optic, the purpose is to give further contributions to the studies of climate change as state-corporate crime, focusing on the analysis of those territory, as the Amazon, whose preservation has been identified as mayor tool against global warming and which is instead harmed by the relation between private and governments interests.

This is an in-depth analysis of coal fire burning power plants, their effects on human health and the environment. It also employed case study data from Tampa Electric Company’s Big Bend facility to examine environmental infractions at that facility. Tampa Electric Company’s Big Bend Utility Plant, violated the Clean Air Act, which led to a lawsuit filed by the Department of Justice on behalf of the United States Environmental Protection Agency and the Florida Department of Environmental Protection in 1997. This case study details the lawsuit, and subsequent settlement as well as Tampa Electric Company’s record of compliance since 2000. This study examines the area surrounding the plant, and impacts the facility may cause local residents and the ecosystem in this part of Florida. Several questions are explored in this case study revolving around environmental justice and environmental racism. Did the actions taken by the Department of Justice in 2000 on behalf of the Environmental Protection Agency and the people of the State of Florida through its Department of Environmental Protection fit the corporate crimes that Tampa Electric were accused of in the lawsuit? Has this company been compliant with state and federal law as required by the settlement? Finally, has the Tampa Electric Company maintained their commitment to provide environmental justice for the communities surrounding the Big Bend Utility Plant or would their actions fit a definition for the crime of corporate environmental violence?

This dissertation aims to approach the penal cooperation under the view of the environmental criminality. This, in turn, represents one of the multi-face variations of the modern criminality. The new criminality has brought in its essence the breakage of several paradigms which rule the penal right, resulting from that, the high relevance of the deepening in the theme. Because of the fact that the most devastating form of environmental criminality has as its principal characteristic being international, that is, the harming effects surpass the frontiers it becomes mandatory the treatment of this problem via cooperation among countries. From this statement, an analysis of the mechanisms existing in the European Union and in the Mercosul will occur to make effective the above mentioned cooperation. The present dissertation, according to the chosen approach for the theme, in the first chapter is about the international penal cooperation and focus the deepening in the study of penal cooperation in the European Unit and in Mercosul; In the second chapter it is approached, at first, the controversy about the criminalization of conducts which harm the environment from the statement that it is a fundamental human right. Still, in the second chapter, it is about the cooperation on environmental crime in Mercosul and in the European Unit and, finally, a country s legal diploma concerning to the environmental crime is made legal in the Law 9605/98 with emphasis in the chapter VII about the International Cooperation for the Preservation of the Environment. / Esta dissertação visa abordar a cooperação penal sob a ótica da criminalidade ambiental. Esta, por sua vez, representa uma das multifacetadas variações da moderna criminalidade. A nova criminalidade, por assim dizer, trouxe, em sua essência, a quebra de vários paradigmas norteadores do direito penal, resultando daí a mister relevância do aprofundamento no tema em tela. Pelo fato de a forma mais devastadora da criminalidade ambiental ter como característica precípua a internacionalidade, ou seja, os efeitos danosos transpassarem fronteiras, é que exsurge imperioso o tratamento desta problemática pela via da cooperação entre os países. Partindo dessa premissa, proceder-se-á a análise dos mecanismos, porventura existentes na União Européia e no Mercosul, para efetivar a referida cooperação. A presente dissertação, tendo-se em conta o viés escolhido para a abordagem do tema, no primeiro capítulo, trata da cooperação penal internacional e concentra o aprofundamento do estudo na cooperação penal na União Européia e no Mercosul. No segundo capítulo aborda-se, primeiramente, a controvérsia sobre a incriminalização das condutas lesivas ao meio ambiente, partindo-se do pressuposto de que o mesmo é erigido a direito humano fundamental. Ainda no segundo capítulo, trata-se da cooperação no que tange aos crimes ambientais no Mercosul e na União Européia e, por fim, analisa-se o diploma legal pátrio referente aos crimes ambientais, formalizado na Lei 9605/98, dando ênfase ao capítulo VII, que trata da Cooperação Internacional para a Preservação do Meio Ambiente.