Evaluating the effectiveness of the EU Environmental Liability and Environmental Crime Directives as implemented by Scotland and the rest of the United Kingdom

Lennan, Mitchell (2021) Evaluating the effectiveness of the EU Environmental Liability and Environmental Crime Directives as implemented by Scotland and the rest of the United Kingdom. Journal of International Wildlife Law & Policy, 24 (1). pp. 26-37. ISSN 1548-1476 (https://doi.org/10.1080/13880292.2021.1920123)

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Abstract

This article analyses critically the effectiveness of two EU Directives: Directive 2004/35/CE on Environmental Liability (ELD), and Directive 2008/99/EC on the Protection of the Environment through Criminal Law (ECD). As the effectiveness of these directives can only be judged through their implementation within a member state’s jurisdiction, this article focuses on the United Kingdom—a now former member of the EU. A comparison is made between the implementation of these two directives in two discrete legal systems in the United Kingdom: that of Scotland, and the rest of the United Kingdom (rUK), that is, England, Wales, and Northern Ireland. This article begins by establishing the roots of the ELD’s weaknesses by examining how the ELD has been transposed in the rUK and Scotland. It then turns to whether these weaknesses have been addressed by the implementation of the ECD. Finally, the effectiveness of the ECD regime is assessed by examining how both Scotland and the rUK deal with wildlife crime. This article ultimately concludes that despite implementing the two regimes through separate legal systems, both face similar shortcomings that limit their effectiveness.

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