Deakin University
Browse

File(s) under permanent embargo

Environmental crime and specialist courts: the case for a ‘One-Stop (judicial) Shop’ in Queensland

journal contribution
posted on 2015-07-01, 00:00 authored by Evan Hamman, Reece WaltersReece Walters, Rowena Maguire
The increasing international political, public and scientific engagement in matters of environmental sustainability and development has produced a rapidly expanding body of environmental law and policy. The advent of international protocols, directives, and multilateral agreements has occurred concomitantly with the harmonisation of widespread environmental regimes of governance and enforcement within numerous domestic settings. This has created an unprecedented need for environmental legal apparatuses to manage, regulate and adjudicate legislation seeking to protect, sustain and develop global natural habitats. The evolving literature in green criminology continues to explore these developments within discourses of power, harm and justice. Such critiques have emphasised the role of dedicated environmental courts to address environmental crimes and injustices. In this article, we examine the important role of specialist courts in responding to environmental crime, with specific reference to the State of Queensland. We offer a critique of existing processes and practices for the adjudication of environmental crime and propose new jurisdictional and procedural approaches for enhancing justice. We conclude that specialist environmental courts endowed with broad civil and criminal jurisdiction are an integral part of an effective response to environmental crime.

History

Journal

Current issues in criminal justice

Volume

27

Issue

1

Pagination

59 - 77

Publisher

Sydney Institute of Criminology

Location

[Sydney, N.S.W]

ISSN

1034-5329

eISSN

2206-9542

Language

eng

Publication classification

C1.1 Refereed article in a scholarly journal

Copyright notice

2015, The Authors