DiscussionKick-off

A right to tourism – and the duty of hosting the leisure class

Some thoughts on the recent Convention on Tourism Ethics

The movement of bodies across borders attracts significant media and academic interest. This interest is often directed at specific forms of movement, such as refugees and economic migration. Another form of movement of bodies is having an important environmental, cultural, social and economic impact, albeit more quietly in the human rights realm: that of tourism, most especially mass tourism. Leisure tourism is not widely recognized as a serious area of …

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DiscussionResponse

Does transnational environmental crime and transnational fisheries crime exist in international law?

Yes, and it is thriving.

In her post, Professor Elliott argues for a ‘levels-of-analysis’ approach to understanding transnational environmental crime. I made a similar argument in a Chapter entitled ‘Fisheries Crime’ in Elliott and Schaedla’s recent book, where I propose three different dimensions to the analysis of ‘fisheries crime’: As a concept in law or the ‘legal procedural perspective’, where ‘fisheries crime’ is an umbrella term for a number of criminal offences, As a criminological phenomenon …

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DiscussionResponse

The battle against transnational fisheries crime

Jurisdictional challenges

The raison d’être of the concept of transnational ‘fisheries crime’ (TFC) (INTERPOL 2013) or ‘marine resource crime’ (UNODC 2011) can be traced to endemic illicit activities in the fisheries sector which, due to their devastating impacts, are increasingly considered as a serious problem worthy of attention as ‘criminal’ rather than merely ‘illegal’ behaviour. In terms of scope and approach, TFC is a broader and perhaps more ambitious successor of the …

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DiscussionResponse

Transnational environmental crime: a challenging problem but not yet a legal concept

A response to Lorraine Elliott Transnational environmental crime is both a challenging reality and a legal concept in the making. From an international law point of view, this concept is currently being defined by soft law instruments that are transmitting normative expectations about the way States may address it rather than prescribing legal provisions. These instruments are paving the way for the future development of international agreements and play an …

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DiscussionKick-off

‘Green Crime’

Transnational Environmental Crimes as a new category of international crimes?

Millions of dollars worth of smuggled elephant ivory intercepted by customs officers each year, shipping containers filled with hundreds of tonnes of illegally traded pangolin scales and kiln-dried geckoes, forests plundered for high-end timber species, rampant criminality in the fisheries sector, and the illegal disposal of hazardous waste across borders: in a report released in June 2016, INTERPOL described environmental crime as a growing international problem that threatens natural resources, …

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Land GovernanceSymposium

Grab me if you can?

The global scramble for land in local context

This post opens our symposium on “Land governance”, which accompanies an international conference at the Law and Society Institute of Humboldt University Berlin. Lawyers and political scientists from Germany, India and Brazil will reflect on the global scramble for land in local contexts. Land as such is a rather localized phenomenon, but land governance matters in much wider political, economic, social and ecological contexts: Control over land has always been …

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Alternative Dispute ResolutionPractitioner's CornerSymposium

From curse to opportunity: Mediation of natural resource conflicts

Since 1946, at least 40 % of intrastate conflicts have been linked to natural resources. Furthermore, conflicts associated with natural resources are more likely to relapse into violence within the first five years of a peace agreement. Fortunately, an increasing number of peace processes and related agreements include natural resource provisions on a direct or indirect basis. For these and other reasons, resource-sensitive mediation and dispute resolution is becoming an …

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DiscussionResponse

Climate Change and the Arctic as a Common Concern

A response to Birgit Peters. In her blog post Birgit Peters reflects on “recent rules and approaches” for protecting the Arctic region in a time of intense climatic changes. Peters emphasizes what she understands as a shift from traditional regulatory approaches that frame the Arctic as a common heritage and common concern, focused on prohibition, to an integrated approach focusing on sustainability. Peters in this respect discusses the role of …

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DiscussionKick-off

When climate change hits the Arctic: what to make of recent rules and approaches

Climate change in the Arctic Climate change, in particular global warming, is an inevitable fact. Nonetheless, it will hit different regions of the world differently. Of all regions, the area most affected by future temperature change is the Arctic. This is the part of the global north, which is situated above 66,3 degrees latitude. Here, differences in temperatures are predicted to rise at least 3 degrees Celsius compared to the …

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DiscussionResponse

Why bury CBDRRC alive?

A response to Katrin Kohoutek Although there is a need for a new dynamic, the principle of common but differentiated responsibilities and respective capabilities remains the cornerstone of the on-going climate negotiations. There is no denying that historical responsibilities of northern countries have played a central part in the negotiations leading to the adoption of the UNFCCC and Kyoto Protocol. Yet, taking them as the founding element of the principle of …

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