ENVIRONMENTAL CRIMINAL LAW IN THE PROCESS TO A SUSTAINABLE FUTURE

The UN Organisation IPBESrecently issued a ‘Global Assessment Report Biodiversity’which was introduced to representatives of the then 132 IPBES Member States during a conference in Paris from 29 April to 4 May 2019. The report sets out a 1.5 degree-moment of protection of biodiversity. It states that ‘[e]ven for global warming of 1.5 ° C to 2 ° C, the majority of terrestrial species ranges are projected to shrink dramatically’ . Scientists are warning of the sixth greatest mass extinction in history which is mostly human-made. Every year tens of thousands of plants and animals are disappearing from earth. The report identifies land use by humans as one of the drivers of biodiversity loss.

The human being is born from nature and depends upon nature and its resources. Especially while the human population is growing bigger and bigger and human wishes and expectations become more ambitious and demanding, the line is becoming thinner and thinner between ‘using’ nature as an original resource for human life and ‘overusing’ or even ‘abusing’ natural resources. The (so-called) ‘human development’ , including major human achievements in the field of human rights, such as the general freedom of action, is currently taking its toll.

The tension between exploitation and protection of the environment has always existed. But especially in the current model of modern industrial society, damage to the environment has become inevitable, as humans put their interests above the preservation of nature. In addition to biodiversityloss caused by legal (land use) action as mentioned in the IPBES-report we face a large amount of biodiversity loss caused by illegal actions as well (the number and development of which unfortunately has not been officially evaluated yet). Most of these actions can be considered environmental crimes, such as illegal logging, fishing and the capture and trade of species.

Since a UNEP Studywarns states of an increasing number of cases of environmental crimes, the question arises of how to protect the environment by law, and more specifically biodiversity, in a sustainable and effective way.