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Richter, Thomas --- "Transboundary Environmental Crimes: An Analysis of Chinese and European Law" [2008] ELECD 350; in Faure, Michael; Ying, Song (eds), "China and International Environmental Liability" (Edward Elgar Publishing, 2008)

Book Title: China and International Environmental Liability

Editor(s): Faure, Michael; Ying, Song

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847207524

Section: Chapter 9

Section Title: Transboundary Environmental Crimes: An Analysis of Chinese and European Law

Author(s): Richter, Thomas

Number of pages: 18

Extract:

9. Transboundary environmental
crimes: an analysis of Chinese and
European law
Thomas Richter

1 INTRODUCTION

Transnational crime is not a new phenomenon of modern times. Historic
examples refer to piracy, slavery and (opium) smuggling.1 However, the field
of cross-border criminal activities seems to have broadened over the cen-
turies and especially in the last decades. In 1994, the United Nations defined
18 categories of transnational crimes, including environmental crimes.2
Usually, transnational crimes are defined as an activity that is considered a
criminal offence by at least two countries.3 As we will see later, in the case of
environmental offences, it might be sufficient that at least in one country the
activities damaging the environment are regarded as criminal acts.
Transboundary environmental damages are injuries which are caused
within the territory of one country or province and which have damaging
effects within the territory of another country or province. Pollution is
sometimes transported even by nature itself, for example, wind, rivers or
groundwater. Some threats are global, such as emission of certain gases
destroying the ozone layer or (co-)producing global warming. Global envi-
ronmental damage is not as new as we often think. For instance, the atmos-
pheric testing of nuclear weapons reached its highest level in the 1950s. Fear
of radioactive fallout became the most prominent international environ-
mental issue after World War II.4
Environmental protection is usually divided into a section of protection
of natural resources and another section of prevention and control ...