Assistant Professor at Government Law College, Trivandrum, India
Assistant Professor at Government Law College, Trivandrum, India
Despite the existence of scientific studies suggesting that the Earth has entered an era of global ecosystem collapse caused by adverse human activities, criminologists have failed to address ‘green issues’ properly and to take note of green harms more seriously. Within ecological justice discourse, there is a clarion call to address harm to the environment and non-human animals. But, apropos the definition of green crimes; the nature of the criminality involved; potential solutions; the content, priorities of policy, and opinions are divided. Against this backdrop, the present article attempts to analyse the definitions of green crimes, the major issues in Green Criminology (GC), and the scope of GC in restorative environmental justice. Employing a ‘political economic’ approach, some green criminologists assert that many environmental issues can be traced to economic, political and class interests and to the ability of the ‘powerful’ to manipulate and use the environment to preserve the basis of their power. GC also calls attention to the fact that many legal practices are harmful; and addresses State delinquency for breach of obligations. The lack of a precise definition of ‘green crime’ renders the establishment of the GC field’s boundaries difficult. Measuring green crimes to ascertain their extent is another issue. GC’s justice perspectives are trifold: ecological justice, species justice, and environmental justice. From an ecological justice perspective, besides human beings, “natural objects” and “non-human environmental entities” deserve protection and preservation in their own right. The intrinsic value and rights of sentient living creatures; and the duties owed to them form the basis of species justice. The environmental justice perspective primarily focuses on the unequal impact of environmental harm. Green criminologists have effectively explored environmental harms using a wide range of conceptual lenses, but a vast number of issues are still unaddressed. There is a need to hybridise or integrate restorative justice more holistically into daily regulatory environmental practice.
Research Paper
International Journal of Law Management and Humanities, Volume 6, Issue 1, Page 1614 - 1625
DOI: https://doij.org/10.10000/IJLMH.114205This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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