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Faure, Michael --- "Environmental Crimes" [2009] ELECD 466; in Garoupa, Nuno (ed), "Criminal Law and Economics" (Edward Elgar Publishing, 2009)

Book Title: Criminal Law and Economics

Editor(s): Garoupa, Nuno

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847202758

Section: Chapter 13

Section Title: Environmental Crimes

Author(s): Faure, Michael

Number of pages: 26

Extract:

13 Environmental crimes*
Michael Faure


1. Introduction
Economic analysis of law has long been applied also to the area of environ-
mental law. Whereas traditional lawyers sometimes have difficulty apply-
ing economic notions to criminal behaviour, this is less so with respect to
the area of environmental crime. The basic assumption of the economic
model, that the behaviour of rational man will be influenced by specific
costs and benefits, seems easier to accept when it concerns criminality
by corporate actors, which is often the case with environmental crime.
Many have therefore tried to apply the classic models of Gary Becker and
George Stigler (Becker, 1962, 1968; Stigler, 1970) and further refinements
thereof to environmental crime.
Applying these classic economic models to the area of environmental
pollution does not provide specific difficulties. However, there are a few
characteristics of environmental crime which make it worthwhile devot-
ing a separate chapter to it. The field of environmental crime is different
from traditional criminal law since in many legal systems the major part of
environmental criminal law cannot be found in penal codes containing the
principal offences;1 the major part of environmental criminal law simply
consists of provisions incorporated in environmental statutes of an admin-
istrative nature (for example, a Clean Water Act) and have as their main
function the enforcement of compliance with administrative obligations.
A great deal of environmental criminal law is therefore not formulated in
an independent manner2 but is rather formulated as accessory to regula-
tion. In legal ...