International Criminal Law – a promising pathway to promoting global environmental protection?
Seiten
2025
Duncker & Humblot (Verlag)
978-3-428-19522-0 (ISBN)
Duncker & Humblot (Verlag)
978-3-428-19522-0 (ISBN)
This thesis examines whether the incorporation of a fifth crime of ecocide into the Rome Statute promotes global environmental protection. Due to substantial impediments to the enforcement of such a crime, the inclusion of a fifth core crime into the Rome Statute is not advocated. Instead, the establishment of a generic international crime against the environment within the jurisdiction of a yet to be created International Environmental court appears favourable due to its greater flexibility.
This thesis examines whether international criminal law is a suitable means to promote global environmental protection. In essence, the work explores whether the current regulatory lacunae, which significantly hamper environmental protection at the international level, could be remedied through the incorporation of a fifth crime of ecocide into the Rome Statute. The paper argues against the inclusion of a fifth core crime into the Rome Statute due to considerable impediments to the enforcement of such a crime. These obstacles particularly stem from the nature of international criminal law and the structure of the International Criminal Court in The Hague. Instead, the establishment of an International Environmental Court is favoured due to its flexible embedding in the international legal system. An International Environmental Court is detached from core principles in international criminal law, and is thus better suited to prosecute an international crime against the environment. This thesis examines whether international criminal law is a suitable means to promote global environmental protection. In essence, the work explores whether the current regulatory lacunae, which significantly hamper environmental protection at the international level, could be remedied through the incorporation of a fifth crime of ecocide into the Rome Statute. The paper argues against the inclusion of a fifth core crime into the Rome Statute due to considerable impediments to the enforcement of such a crime. These obstacles particularly stem from the nature of international criminal law and the structure of the International Criminal Court in The Hague. Instead, the establishment of an International Environmental Court is favoured due to its flexible embedding in the international legal system. An International Environmental Court is detached from core principles in international criminal law, and is thus better suited to prosecute an international crime against the environment.
This thesis examines whether international criminal law is a suitable means to promote global environmental protection. In essence, the work explores whether the current regulatory lacunae, which significantly hamper environmental protection at the international level, could be remedied through the incorporation of a fifth crime of ecocide into the Rome Statute. The paper argues against the inclusion of a fifth core crime into the Rome Statute due to considerable impediments to the enforcement of such a crime. These obstacles particularly stem from the nature of international criminal law and the structure of the International Criminal Court in The Hague. Instead, the establishment of an International Environmental Court is favoured due to its flexible embedding in the international legal system. An International Environmental Court is detached from core principles in international criminal law, and is thus better suited to prosecute an international crime against the environment. This thesis examines whether international criminal law is a suitable means to promote global environmental protection. In essence, the work explores whether the current regulatory lacunae, which significantly hamper environmental protection at the international level, could be remedied through the incorporation of a fifth crime of ecocide into the Rome Statute. The paper argues against the inclusion of a fifth core crime into the Rome Statute due to considerable impediments to the enforcement of such a crime. These obstacles particularly stem from the nature of international criminal law and the structure of the International Criminal Court in The Hague. Instead, the establishment of an International Environmental Court is favoured due to its flexible embedding in the international legal system. An International Environmental Court is detached from core principles in international criminal law, and is thus better suited to prosecute an international crime against the environment.
A. Introduction
B. Legal lacunae in current global environmental protection
International environmental law – International humanitarian law – International human rights law – International Criminal Law – Research findings
C. Incorporation of a fifth crime of ecocide into the Rome Statute
The term ecocide – History of ecocide – Potentials of establishing a fifth crime of ecocide – Characteristics of crimes under international law – The definition of a crime of ecocide – Amendment to the Rome Statute – Impediments to the enforcement of a fifth crime of ecocide
D. Establishment of an International Environmental Convention
Indirect enforcement through national courts – Direct enforcement through an International Environmental Court
E. Final considerations
Bibliography
Index
| Erscheinungsdatum | 21.09.2025 |
|---|---|
| Reihe/Serie | Beiträge zum Internationalen und Europäischen Strafrecht - Studies in International and European Criminal Law and Procedure ; 60 |
| Verlagsort | Berlin |
| Sprache | englisch |
| Maße | 157 x 233 mm |
| Gewicht | 480 g |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Öffentliches Recht ► Völkerrecht | |
| Recht / Steuern ► Strafrecht | |
| Schlagworte | Fünftes Kernverbrechen • Internationaler Umweltgerichtshof • Internationales Umweltverbrechen • Ökozid • Ökozid-Strafbarkeit • Rom Statut |
| ISBN-10 | 3-428-19522-1 / 3428195221 |
| ISBN-13 | 978-3-428-19522-0 / 9783428195220 |
| Zustand | Neuware |
| Informationen gemäß Produktsicherheitsverordnung (GPSR) | |
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