Consistency in laws and regulations implementing an MEA, including the provisions therein that provide for penalties and sanctions, are much more effective if they are developed and applied in a consistent manner. Environmental crimes with transboundary aspects (such as the illegal movement across borders of restricted substances) are more likely to be deterred if the relevant laws contain consistent terms and if violations have clear and consistent consequences (such as confiscation of contraband and the application of civil and criminal penalties). States can work together, either independently or through an international organisation such as UNEP, to ensure that a consistent and effective approach is taken in the development and application of laws prohibiting and providing penalties for environmental violations.
For example, if two States are Parties to CITES and an individual in one of these States illegally exports an animal protected by the Convention to the other State without appropriate documentation, this unlawful action can best be prosecuted when there are consistent laws in both States. If the laws implementing CITES in both States contain consistent definitions of the relevant terms (such as “specimen” and “trade”) and similar document issuance or acceptance procedures, then prosecution efforts will be bolstered by a clear-cut case. In the same vein, vagueness or inconsistency in the laws of the importing or exporting States will hinder efforts to prosecute this violation, which in turn can lead to more violations as loopholes in the laws are perceived by those who seek to profit by violating CITES.
There are a number of ways in which foster improved international collaboration to fight environmental crime or violation of national environmental laws with transboundary implications:
- Environmental laws and regulations must feature adequate and appropriate deterrent measures — correct penalties relevant to the gravity of the offence; environmental restitution and clearly defined procedures for confiscation of equipment, goods and contraband and/or disposal of confiscated material, connected with the environmental crime.
- National laws and regulations implementing an MEA, must be implemented and applied in a way that is consistent with the enacting State’s international obligations under the relevant MEA which makes illegal the importation, trafficking or acquisition of goods, wastes and any other materials.
- Appropriate authority to make environmental crime punishable by criminal sanctions that take into account the nature of environmental law violation.