julie ayling transnational environmental crime project regulatory institutions network
TRANSCRIPT
Future challenges in regulating transnational environmental crime
Julie AylingTransnational Environmental Crime Project
Regulatory Institutions Network
Adaptive and resilient criminal networks
Emerging markets and new types of crime
Smarter regulation Dealing with demand Policing, prosecution and penalties Regulatory pluralism
Adaptive and resilient criminal networks
South Africa 2007-2014 Department of Environmental Affairs (2014 rhino poaching statistics as at 26 February)
Rhino poaching
2007 2008 2009 2010 2011 2012 2013 20140
100
200
300
400
500
600
700
800
900
1000
1100
Poached
Arrests
Emerging markets and new types of crime
Projections of the global middle class by region
Source: Kharas, H and Gertz G, 2010, 'The New Global Middle Class: A Cross-Over from West to East' in C Li (ed), China's Emerging Middle Class: Beyond Economic Transformation, Washington, DC, Brookings Institution Press.
Smarter regulation
Dealing with demand
Policing, prosecution and penalties
Tapping into the knowledge about organised crime in other contexts and how it is dealt with in other jurisdictions
PenaltiesHarmonizationEquity fines for corporate offendersPrivate enforcement regimes
Standing Qui tam
Regulatory pluralism
Mechanisms (After Brewer 2012) Most coercive
Conscriptione.g. requirements that hunting safari companies ensure clients have all necessary permitsRequired private interface e.g. requirements that hunting trophies be treated by a taxidermist before exportRequired record keeping and disclosuree.g. private rhino horn stockpiles registers; records of online wildlife salesCo-optation of external interestse.g. registered conservancies
Conferring entitlements e.g. empowering private parties to take enforcement actions on behalf of the state (e.g. against pollluters)
Incentives e.g. rewards for providing information to authorities or protecting wildlifeEducation/ capacity building [facilitation]e.g. providing civil air space for private patrol drones; funding NGO campaigns; tax policies that assist community groups; creating/allowing regulated markets Least
coercive