The Convention on the Protection of the Environment through Criminal LawLegislative Obligations for the States

Resumen

A very important development in the international law of the environment is The Convention on the Protection of the Environment through Criminal Law (Strasbourg, November 4, 1998). Even though the Convention has been concluded at the Council of Europe, interestingly it is open to signature for Non-member States of this regional international organization. As a non-self-executing treaty, it holds legislative obligations about criminal and procedural criminal law. Therefore, the Convention determinates the jus punendi of the states and it is a harmonising mechanism of environmental criminal law of the States. With respect to criminal law, the convention tipifies intentional and negligent offences. The sanction available shall include imprisonment, corporative liability and pecunary sanctions and may include reinstatement of the environment. With Respect to procedural law, the convention foresees the territorial, flag, national and aut dedere aut judicare principles. Moreover, this facilitates the participation of citizens in a process (actio popularis) and intensifies the international judicial cooperation. On the other hand, The Convention does not make reference to international relapse and it does not allude to old problems as inmunity and transborder pollution.