The Scope of Environmental Crime in International Law

Abstract

This study examines the scope of environmental crime in international law through the analysis of two foundational elements: the protected legal interest and the threshold of seriousness justifying criminalization. It proceeds from the premise that environmental criminalization derives its legitimacy only where it rests upon a precise identification of the value being protected, whether as an extension of human rights and public health or as an autonomous ecological interest. The study further addresses the issue of the limits of criminal intervention, distinguishing between regulatory violations, civil liability, and criminal offenses, and analyzing the criteria of seriousness in terms of scale, duration, and the distinction between risk and actual harm. It concludes that constructing a coherent concept of environmental crime requires a careful balance between effective environmental protection and the guarantees of legality and legal certainty, ensuring deterrent effectiveness without resulting in over-criminalization or normative ambiguity.