Environmental Crime and Its Victims: Perspectives Within Green Criminology

321 Pages·2014·2.324 MB·English

by  Toine Spapens, Rob White, Marieke Kluin

EnvironmEntal CrimE and its viCtims
This book contains thought-provoking perspectives drawn from theory and practice
on a persisting global problem: environmental crime. In addition to important
insights on ‘villains and victims’, it provides new ideas on what should be considered
an environmental crime as well as practical experiences in combatting it. Its
multiple perspectives and innovative research questions make it a valuable resource
for anyone interested in the topic, not just criminologists.
Christiane Gerstetter, Ecologic institute, Germany and
EFFaCE research project (www.efface.eu)
A pioneering work in the new and rapidly developing field of ‘green’ criminology,
this book presents and explores in a well-structured, succinct and lucid manner
various factors which set green crime apart from the conventional areas of
criminal law and criminology. It explores the many challenges and factors not
prevalent in traditional criminal law, and will be of value not only to academic
criminal lawyers and criminologists but also administrators and members of
the police force; including those involved in the enforcement of transnational
environmental crime.
Jan Glazewski, institute of marine & Environmental law,
University of Cape town, south africa
This book provides a state-of-the-art overview of current issues of the perpetration
and victimization of environmental crime in a globalized world. From pollution,
e-waste, emission fraud to wildlife crime, the book grasps the many manifestations,
assesses the harms, and gives direction for the policing and prevention of
environmental crime. This book takes green criminology to the next level.
Wim Huisman, vU University amsterdam, the netherlands
GrEEn CriminoloGy
Series Editors:
michael J. lynch, University of South Florida, USA
Paul B. stretesky, University of Colorado, Denver, USA
now two decades old, green criminology – the study of environmental harm,
crime, law, regulation, victimization, and justice – has increasing relevance to
contemporary problems at local, national, and international levels. this series
comes at a time when societies and governments worldwide seek new ways to
alleviate and deal with the consequences of various environmental harms as
they relate to humans, non-human animals, plant species, and the ecosystem
and its components. Green criminology offers a unique theoretical perspective
on how human behavior causes and exacerbates environmental conditions that
threaten the planet’s viability. volumes in the series will consider such topics and
controversies as corporate environmental crime, the complicity of international
financial institutions, state-sponsored environmental destruction, and the role of
non-governmental organizations in addressing environmental harms. titles will
also examine the intersections between green criminology and other branches of
criminology and other areas of law, such as human rights and national security.
the series will be international in scope, investigating environmental crime in
specific countries as well as comparatively and globally. In sum, by bringing
together a diverse body of research on all aspects of this subject, the series will
make a significant contribution to our understanding of the dynamics between the
natural world and the quite imperfect human world, and will set the stage for the
future study in this growing area of concern.
Other titles in this series:
Exploring Green Criminology
toward a Green Criminological revolution
Michael J. Lynch and Paul B. Stretesky
animal Harm
Perspectives on Why People Harm and Kill animals
Angus Nurse
Eco-global Crimes
Contemporary Problems and Future Challenges
Edited by Rune Ellefsen, Ragnhild Sollund and Guri Larsen
Environmental Crime
and its victims
Perspectives within Green Criminology
Edited by
toinE sPaPEns
Tilburg University, The Netherlands
roB WHitE
University of Tasmania, Australia
mariEKE KlUin
Delft University of Technology, The Netherlands
© toine spapens, rob White, marieke Kluin and the contributors 2014
all rights reserved. no part of this publication may be reproduced, stored in a retrieval
system or transmitted in any form or by any means, electronic, mechanical, photocopying,
recording or otherwise without the prior permission of the publisher.
toine spapens, rob White and marieke Kluin have asserted their rights under the Copyright,
Designs and Patents Act, 1988, to be identified as the editors of this work.
Published by
ashgate Publishing limited ashgate Publishing Company
Wey Court East 110 Cherry street
Union road suite 3-1
Farnham Burlington, vt 05401-3818
surrey, GU9 7Pt Usa
England
www.ashgate.com
British Library Cataloguing in Publication Data
a catalogue record for this book is available from the British library.
The Library of Congress has cataloged the printed edition as follows:
spapens, a. C., author.
Environmental crime and its victims : perspectives within green criminology / by toine
spapens, rob White, and marieke Kluin.
pages cm
includes bibliographical references and index.
isBn 978-1-4724-2278-1 (hardback : alk. paper) – isBn 978-1-4724-2279-8 (ebook) –
isBn 978-1-4724-2280-4 (epub)
1. offenses against the environment. 2. Pollution – law and legislation. 3. Environmental
law, international. i. White, r. d. (robert douglas), 1956– author. ii. Kluin, marieke,
author. iii. title.
K5278.s63 2014
364.1ʹ45–dc23
2014008241
isBn 9781472422781 (hbk)
isBn 9781472422798 (ebk – PdF)
isBn 9781472422804 (ebk – ePUB)
V
Printed in the United Kingdom by Henry ling limited,
at the dorset Press, dorchester, dt1 1Hd
Contents
List of Figures vii
List of Tables ix
List of Contributors xi
Preface and Acknowledgements xvii
Introduction 1
Toine Spapens and Rob White
Part I ExamInIng thE CrImE and thE VICtImIzatIon ProblEm
1 The Criminogenic Effects of Environmental Harm: Bringing a
‘Green’ Perspective to Mainstream Criminology 7
Gary Potter
2 Climate Change: A State-corporate Crime Perspective 23
Ronald Kramer
3 The Corporation as Villain and Victim: Reflections on Privilege,
Complicity, Awareness, and Accountability 41
Mary Clifford
4 Environmental Victims and Criminal Justice: Proceed with Caution 63
Antony Pemberton
5 Eco-justice and Problem-solving Approaches to
Environmental Crime and Victimisation 87
Rob White
6 Victims of Environmental Crime: Routes for Recognition,
Restitution and Redress 103
Matthew Hall
Part II CharaCtErIstICs of dIffErEnt tyPEs of
EnVIronmEntal CrImE
7 Trade in ‘Dirty Air’: Carbon Crime and the Politics of Pollution 121
Reece Walters and Peter Martin
8 Oil Spills: A Persistent Problem 133
Coen van Gulijk
vi Environmental Crime and its Victims
9 A Decade of Violations in the Dutch Chemical Industry 149
Marieke Kluin and Ellen Jagtman
10 Illegal E-waste Transports: Exploring their Harmfulness, Scale,
Social Organization and Governance 171
Lieselot Bisschop
11 Camouflage-collar Crime: An Examination of Wildlife Crime and
Characteristics of Offenders in Florida 185
Matthew Crow, Tara O’Connor Shelley and Paul Stretesky
12 On the Relationship between Animal Victimization and Stigmatization
of Ethnic Groups: The Case of Ritual Slaughter 205
Janine Janssen
Part III CombatIng EnVIronmEntal CrImE
13 Invisible Victims: the Problem of Policing Environmental Crime 221
Toine Spapens
14 Project LEAF, and Interpol’s Work on Illegal Logging and Forest Crime 237
Davyth Stewart
15 Communities as Victims of Environmental Crime: Lessons from the Field 249
Melissa Jarrell and Joshua Ozymy
16 The Treadmill of Production, Planetary Boundaries and Green Criminology 2 63
Michael Long, Paul Stretesky and Michael Lynch
17 Assessing the Partner and Media Engagement with the
International Consortium on Combating Wildlife Crime 277
Tanya Wyatt
Index 293
List of Figures
3.1 Graphic representation of social system interactions 44
3.2 The centrality of the justice system in mediating system conflict 45
3.3 Social system interaction effects on the individual 46
5.1 An eco-justice perspective – three approaches to justice, rights and harms 89
5.2 The need for problem-solving methods 94
8.1 F–N curves for oil spills based on NOAA Case Histories and
NOAA Response Reports 139
8.2 Individual F–N curves for NOAA Response Reports 1993–99 141
8.3 Oil spill sizes categorized by origin 143
9.1 Overview of EPA violations of all 15 corporations 153
9.2 Overview of OHSA violations of all 15 corporations 155
9.3 Enforcement actions as a proportion of violations per corporation 155
9.4 Overview of C02’s violations 156
9.5 Classification of C02’s environmental violations 157
9.6 Overview of C05’s violations 159
9.7 Classification of C05’s environmental violations 160
9.8 Overview of C07’s violations 161
9.9 Classification of C07’s environmental violations 162
9.10 Overview of C11’s violations 165
9.11 Classification of C11’s environmental violations 165
17.1 Illegal wildlife trade in the world news, 2003–11 285
17.2 Illegal wildlife trade in the world news, January 2009–June 2012 285
17.3 ICCWC in the world news, January 2009–June 2012 286
17.4 Trafficked wildlife in the world news, July 2002–July 2012 287
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List of Tables
8.1 Characteristics of F–N curves per NOAA reporting year 142
8.2 Data used to construct the F–N curve 146
11.1 Florida regions: wildlife and fish management areas 192
11.2 Offense category by Florida region 194
11.3 Offender demographics by region 196
11.4 Offense category by offender race/ethnicity and sex 196
11.5 Logistic regression models for offense type 197
16.1 US and World CO Emissions and TRI values, 2002–11 269
2
16.2 EPA civil and administrative enforcement of air, water,
and hazardous waste violations, 2008–11 270
16.3 Number of EPA criminal prosecutions, 2002–11 271
17.1 Selected countries’ newspapers reporting about wildlife trafficking 288
17.2 Selected countries correlated to wildlife trafficking in the world news 289