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