Published online by Cambridge University Press: 10 September 2013
Because transnational environmental crime (TEC) can result in the demise of an environmental resource or irreversible damage to the environment and has implications for national and global security, its prevention is a critical issue. Deterrence through law enforcement can go only a limited distance towards preventing TEC. However, there is a huge potential for third parties to be active participants, alongside governmental authorities, in crafting and implementing strategies for TEC prevention. This article explores the ways in which states can catalyze third parties – non-state, non-offending actors – to contribute their own capacities towards the pursuit of preventive outcomes. It draws together concepts and theories from policing studies, criminology and regulatory studies to highlight changing relationships between the state and non-state actors with respect to crime control, and applies them to TEC. Examples and illustrations used in the article relate mainly to efforts to combat the illegal wildlife trade. The article concludes that a more systematic approach to TEC prevention involving third parties is needed, and that this requires dedicated strategic analysis and planning on the part of states, working individually and together.
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28 See, e.g., ASEAN Chiefs of Police Conference (ASEANAPOL) and its partnership with INTERPOL, available at: http://www.interpol.int/News-and-media/News-media-releases/2011/PR047.
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50 Cherney, O’Reilly & Grabosky, n. 16 above, at p. 376.
54 See http://content.met.police.uk/Site/wildlifecrime, and the Operation Charm fact sheet at http://www.davidshepherd.org/project/operation-charm.
55 Rio de Janeiro (Brazil), 5 June 1992, in force 29 Dec. 1993, available at: http://www.cbd.int/convention/text.
56 Washington, DC (US), 3 Mar. 1973, in force 1 July 1975, available at: http//:www.cites.org.
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63 16 U.S.C. §1540 (g). Relevant non-discretionary government duties are provided for in 16 U.S.C. §1533.
64 An often cited application of this provision is the Flying Fox case, Booth v. Bosworth [2001] FCA 1453. The applicant for the injunction in question was employed by the Worldwide Fund for Nature (Australia), and also did voluntary work for the North Queensland Conservation Council and the Magnetic Island Nature Care Association. She had also cared for orphaned flying foxes. Her standing was accepted by the court with little debate.
65 S. Burbank, S. Farhang & H.M. Kritzer, ‘Private Enforcement of Statutory and Administrative Law in the United States (and Other Common Law Countries)’, Public Law and Legal Theory Research Paper Series, Research Paper No. 11-08, 16 Nov. 2011, University of Pennsylvania Law School, available at: http://ssrn.com/abstract=1781047.
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69 Since Dec. 2012, Kruger National Park in South Africa has been using a Seeker II unmanned aerial vehicle, or drone, loaned to the SANParks by its South African manufacturer, to patrol for poachers, particularly of rhinoceros. The Ol Pejeta Conservancy in Kenya used an internet campaign to raise money for its own drone and currently has the parts on order: see Kariuki, J., ‘Ol Pejeta Deploys Drone against Rhino Poachers’, Business Daily, 23 Jan. 2013, available at: http://www.businessdailyafrica.com.Google Scholar
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78 Vogel, n. 73 above, at pp. 76–8.
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90 Ibid., pp. 228–54.
91 Trust is not essential for criminal cooperation, which can occur in the absence of initial trust or in the presence of outright mistrust: von Lampe, K. & Johansen, P.O., ‘Organized Crime and Trust: On the Conceptualization and Empirical Relevance of Trust in the Context of Criminal Networks’ (2003) 6(2) Global Crime, pp. 159–84, at 177–80.Google Scholar