Critical Perspectives on Wildlife and Environmental Law and Its Enforcement

A special issue of Laws (ISSN 2075-471X). This special issue belongs to the section "Criminal Justice Issues".

Deadline for manuscript submissions: 15 September 2024 | Viewed by 5850

Special Issue Editor

School of Social Sciences, Nottingham Trent University, Nottingham NG1 4FQ, UK
Interests: green criminology; wildlife law; environmental law; human rights

Special Issue Information

Wildlife trafficking is widely recognised as one of the most lucrative forms of criminal activity globally. However, its enforcement is predominantly concentrated within the implementation of the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES), a measure that arguably governs or regulates trade whilst prohibiting, but not necessarily criminalising, violations of the Convention. Other wildlife and environmental protection laws walk a tightrope between protecting wildlife and the environment and allowing for continued exploitation of wildlife and environmental resources to serve human interests while marginalizing the interests and needs of non-human nature. This Special Issue invites submissions that critically examine the nature, scope, and effectiveness of wildlife and environmental protection laws and their enforcement. It is particularly interested in examining the intersection between such laws, criminal law, and criminal justice, and how regulatory systems engage with issues of wildlife and environmental protection. 

Dear Colleagues,

COVID-19 has once again drawn attention to issues relating to the exploitation of wildlife and the failure of legal systems to adequately protect wildlife. Wildlife trafficking is widely recognised as one of the most lucrative forms of criminal activity globally. However, its enforcement is predominantly concentrated within the implementation of the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES), which requires members’ legislation to govern trade whilst prohibiting, but not necessarily criminalising, violations of the Convention. In addition, wildlife laws often serve several, potentially conflicting, purposes: 

  • Control—killing and management of wildlife so it does not interfere unduly with human interests;
  • Exploitation—use of wildlife as a valuable natural asset;
  • Protection—prohibition of acts which harm individual animals beyond a permitted level;
  • Conservation—implementing public good and wildlife trust doctrines for the safeguarding of wildlife.

This Special Issue, titled “Wildlife and Environmental Law and its Enforcement”, seeks original contributions on the theory of wildlife and environmental law and its interactions with criminal justice and enforcement. This includes issues that impact wild and farmed animals as well as wild animals kept in captivity in zoos, circuses, and other animal attractions.  The Special Issue will also examine wider issues on how the law deals with human-centred harms on the environment. The purpose of the Special Issue is to examine topics that include, but are not limited to, the following:

  • The effectiveness of wildlife laws—to include analysis of the nature, scope, and adequacy of wildlife laws, enforcement issues, and examination of sanctions in wildlife laws and how they are deployed.
  • Legal protection of wildlife—to include examination of how wildlife is protected in current laws, proposals for change to wildlife law, and examination of any identified or perceived gaps in wildlife law.
  • Environmental law and 21st century threats—to include examination of how environmental law has adapted to contemporary threats such as climate change, environmental disasters, increased pollution, and corporate environmental harms.
  • Legality and illegality in wildlife management systems—to include examination of the adequacy of laws that allow continued exploitation of wildlife, the legality and illegality of hunting systems, and the enforcement of hunting laws.
  • Extracting industries and the law—to include examination of the laws and regulatory systems that govern the oil, gas, and timber industries, prosecution of offences in the extracting industries, and analysis of any conflict between laws providing for and regulating extraction of natural resources and environmental protection.

The Special Issue welcomes submissions that consider these and other issues from a socio-legal or criminological perspective, in addition to papers that adopt a doctrinal approach and/or those that consider specific judgments.

Dr. Angus Nurse
Guest Editor

Manuscript Submission Information

Manuscripts should be submitted online at www.mdpi.com by registering and logging in to this website. Once you are registered, click here to go to the submission form. Manuscripts can be submitted until the deadline. All papers will be peer-reviewed. Accepted papers will be published continuously in the journal (as soon as accepted) and will be listed together on the special issue website. Research articles, review articles as well as short communications are invited. For planned papers, a title and short abstract (about 100 words) can be sent to the Editorial Office for announcement on this website.

Submitted manuscripts should not have been published previously, nor be under consideration for publication elsewhere (except conference proceedings papers). All manuscripts are thoroughly refereed through a double-blind peer-review process. A guide for authors and other relevant information for submission of manuscripts is available on the Instructions for Authors page. Laws is an international peer-reviewed open access quarterly journal published by MDPI.

Please visit the Instructions for Authors page before submitting a manuscript. Submitted papers should be well formatted and use good English. Authors may use MDPI's English editing service prior to publication or during author revisions.

Keywords

  • Wildlife Law
  • Environmental Law
  • Green Criminology
  • International Law
  • International Criminal Law
  • Criminal Justice

Published Papers (2 papers)

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Research

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13 pages, 283 KiB  
Article
Colombian Hippos and Species Management: Exploring the Legal Case Surrounding the Management and Control of the Colombian Hippos from a Species Justice Perspective
by Elliot Doornbos
Laws 2023, 12(2), 29; https://doi.org/10.3390/laws12020029 - 16 Mar 2023
Cited by 1 | Viewed by 3409
Abstract
Colombian hippopotamus populations are increasing against the backdrop of general species decline. In addition to wider calls for further protection, this pocket population is considered an invasive species and is subject to ongoing legal discussions about how they should be controlled and managed. [...] Read more.
Colombian hippopotamus populations are increasing against the backdrop of general species decline. In addition to wider calls for further protection, this pocket population is considered an invasive species and is subject to ongoing legal discussions about how they should be controlled and managed. These proceedings currently consider two options: whether the hippopotamus population needs to experience yearly culls or to use a fertility management program. This article explores whether species justice has a place within the control of non-native species via this case study of the Colombian hippo legal proceedings. When reviewing this case, neither euthanasia nor fertility control are fully in the interests of the species; however, fertility control is more in line with their interests. The conclusion considers whether it is possible to recognise the interests of wildlife within species management and how a shift towards the interests of species and species justice at minimum could provide more dignified and harmless methods of species control as well as find alternative solutions which are more in the interest of the majority of parties. Full article

Review

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16 pages, 269 KiB  
Review
From Canada to Scotland: The Incorporation of Ethical Wildlife Control Principles: A Review
by Hannah Louise Moneagle
Laws 2023, 12(3), 52; https://doi.org/10.3390/laws12030052 - 05 Jun 2023
Viewed by 1257
Abstract
In 2015, 20 experts from academia, industry, and non-governmental organisations on 5 continents agreed to a set of seven international principles for ethical decision making (“the principles”) in managing human–wildlife conflict. The principles have since been recognised in wildlife management policy and standards [...] Read more.
In 2015, 20 experts from academia, industry, and non-governmental organisations on 5 continents agreed to a set of seven international principles for ethical decision making (“the principles”) in managing human–wildlife conflict. The principles have since been recognised in wildlife management policy and standards in parts of British Columbia, Canada. In 2022, the principles were introduced to the Scottish Parliament by means of a formal Motion lodged by Colin Smyth MSP. Smyth expressed the view that opportunities existed to integrate the principles into the Scottish Government’s strategic approach to wildlife management and its species licensing review. The (now former) Minister for Environment, Biodiversity and Land Reform at the Scottish Government, Mairi McAllan, stated in the Motion debate that followed that she was committed to working to understand how the principles could sit alongside the Scottish Government’s ambitious programme to protect animals and wildlife. The Hunting with Dogs (Scotland) Bill was introduced to the Scottish Parliament prior (February 2022) to the Motion debate but passed on 24 January 2023, following various debate and amendment stages. It offered parliamentarians the first opportunity to align wildlife-specific legislation with the principles. The Bill received Royal Assent on 7 March 2023 and is now the Hunting with Dogs (Scotland) Act 2023 (“The Act”). A review of The Bill (and subsequent Act) can assist in identifying where it could have aligned more closely with the principles to assist decision makers in understanding how to usefully incorporate the principles into future wildlife legislation and policy. Full article
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