ABSTRACT

This chapter focuses on the role of the criminal law in conserving and preserving natural resources at different levels of governance. The notion of abstract endangerment refers to the fact that the criminal provision usually does not punish damage to natural resources directly. In this model, the criminal law is a supplement to a system of administrative decisions concerning the amount and quality of emissions into the environment. Concrete endangerment refers to the fact that some kind of an endangerment of natural resources by posing a concrete threat to the environment is a prerequisite for criminal liability. Convention on International Trade in Endangered Species (CITES) was signed in 1973 and entered into force in 1975. It lists particular species of wild flora and fauna of which the conservation is threatened through international trade. Crimes against nature, whether one considers illegal logging, illegal hunting or wildlife crime, all involve transboundary trade and that therefore necessarily also requires cooperation between states.