By Chetana Rukshani Karunatilaka and Cristian Heredia Ligorria, PhD Candidates at the UWE Bristol Law School.
On Wednesday, 7th of February 2024, the Environmental Law and Sustainability Research Group (ELSRG) hosted a roundtable discussion on environmental crime. The event consisted of two sessions, with a total of five speakers covering various topics related to environmental crime in the UK and worldwide.
An experienced environmental Barrister, Brendon Moorhouse from 6 Pump Court Chambers (London) spoke about environmental crimes in the UK, specifically related to water. He discussed the challenges faced by the Office of Environmental Protection and the practical issues surrounding sewer outflows, including the differences between dry and rainy weather conditions. Moorhouse also explained the role and powers of the Water Services Regulatory Authority (Ofwat) and the Environment Agency, the primary water utility regulators in the UK. During his presentation, Mr. Moorhouse shared real-world examples of criminal prosecution and control by the Environment Agency, including permits, enforcement undertakings, and civil sanctions. He highlighted the difficulties in bringing evidence to prove environmental harm and explained the elements of prosecution, including proving unlawful water discharge or breaches of permit conditions. Additionally, he discussed cases of water pollution in tourist destinations like Cornish beaches.
Dominic Dyer, a Board Member of Wildlife & Countryside Link and Chair of Wildlife Crime Group, gave an insightful talk about the importance of addressing wildlife crime in Britain. He emphasized the need for the UK to lead the fight against illicit wildlife trade around the world. He pointed out that most wildlife crimes in England and Wales are not recorded centrally and criticized some of the outdated legislation for prosecuting wildlife criminals. Dyer discussed the significance of the Wildlife & Countryside Act 1981 as the primary legislation for safeguarding key species and biodiversity in the UK. He provided real-life examples of wildlife crimes in the UK, such as the persecution of badgers and raptors, along with issues related to fox hunting. Towards the end of his talk, he highlighted the interconnection between protecting wildlife and human lives. He called for better enforcement of existing laws rather than new legislation.
Following the presentation, the floor was open for discussion and comments. The chair for the session, Professor Jona Razzaque, led the discussion. A number of questions were raised by the participants and the panellists as well as other experts who attended the event contributed to the fruitful discussion on the crimes related to water sewer outflows and wildlife crimes in the UK.
The second session of the roundtable commenced with a presentation on illegal wildlife trade in a global context delivered by Chetana Rukshani Karunatilaka, a PhD candidate at the Bristol Law School, UWE, who is also a member of the Environmental Law and Sustainability Research Group (ELSRG). She started the presentation by providing a brief explanation of what illegal wildlife means in a global context. She flagged illegal wildlife trade as a unique crime based on two arguments, namely the impact it creates on the world and the victims of the crime. Karunatilaka discussed the international legal framework for regulating illegal wildlife trade, including binding multilateral environmental treaties and non-binding United Nations regulations. She also mentioned a proposed binding protocol that could fill the gaps in the existing treaties. However, there are opposing opinions between the Global North and the Global South due to their diverse priorities. Karunatilaka emphasized the need for a multifaceted solution to this wildlife crime that balances the competing interests of the Global North and the Global South.
During the second session, Sue Miller, Head of Global Networks at the Stop Ecocide Foundation, discussed the importance of establishing ecocide as an international crime to address environmental damage. She defined ecocide as any unlawful acts that result in severe and widespread or long-term environmental damage. She argued that criminalizing ecocide would create personal liability and deterrence, unlike corporate fines. It could also lead to questioning the accountability of politicians and corporations for mass environmental destruction. Finally, Miller emphasized the role of civil society and politicians in supporting the ecocide movement to prevent environmental crimes.
The final speaker at the event was Professor Gerhard Kemp, who is a Criminal Law Professor at Bristol Law School, UWE. He spoke about reflections on individual and systemic environmental crimes in regional and international criminal justice. Building upon the arguments made in the previous presentation, Professor Kemp critically discussed the definition of ecocide and the challenges of harmonizing legal standards. He analysed the implications of incorporating recklessness as a standard for prosecuting international environmental crimes and argued that severe environmental harm is a public health emergency. He suggested that aligning it with existing crimes against humanity, such as murder and extermination, could help address the climate crisis. Finally, he proposed a realistic approach to prosecuting crimes against humanity using existing international legal frameworks.
After the presentations in the second session, Evadne Grant, the chairperson, opened the floor for discussion and feedback. The participants were particularly interested in the ecocide movement and how it could bring changes to the existing international environmental laws. The audience provided proactive feedback on the presentations made during the second session of the roundtable, which led to interesting discussions. This successful roundtable discussion was well-attended by undergraduate and postgraduate students, alumni, academics, NGOs, and professionals from various industries.