Cooperation in judicial proceeding is of particular importance for the enforcement of international environmental law that is transboundary in nature. Examples of transboundary environmental issues are frequently trade-related matters such as the illegal trade in endangered species and ozone depleting substances. Air pollution that transcends national boundaries and issues related to shared water bodies are also examples of this transboundary environmental issues. Enforcement of international environmental law related to these issues is more effective when States can cooperate in judicial proceedings and other legal and administrative procedures. While the European Union is unique in its structure and social, economic and legal cohesiveness, the case study provides good examples of measures that European States have taken to enhance judicial cooperation.
States can develop both informal contacts and formal legal procedures to assist in the detection and prosecution of environmental violations. Informal contacts can enable enforcement officials to make real-time contacts and communicate in a timely and effective manner (e.g., to pass on a lead by phone or e-mail). Formal arrangements include negotiating extradition treaties and mutual legal assistance treaties which specifically include environmental violations.
For additional information on cooperation in judicial aspects, see Guideline 41(a)
(v) and accompanying text.