Sanctions for Pollution: Do We Have The Right Regime?

The economic implications of applying different sanctions, notably criminal penalties, the suspension or revocation of licences and administrative fines to environmental regulatory contraventions are examined. Using familiar economics of law enforcement models, the authors predict that the almost ex...

Full description

Saved in:

Bibliographic Details
Published in:	Journal of environmental law 2002, Vol.14 (3), p.283-298
Main Authors:	Ogus, Anthony, Abbot, Carolyn
Format:	Article
Language:	eng
Subjects:	Administrative agencies Comparative analysis Compliance Criminal justice Criminal law Criminal prosecution Criminal sanctions Criminals Deterrence Economic regulation Economic sanctions England Environment Environmental impact Environmental law Environmental policy Environmental regulation Fines & penalties Germany Law Pollution Prosecutions Regulation Sanctions United Kingdom Wales Water pollution
Online Access:	Get full text
Tags:	Add Tag No Tags, Be the first to tag this record!

Description
Summary:	The economic implications of applying different sanctions, notably criminal penalties, the suspension or revocation of licences and administrative fines to environmental regulatory contraventions are examined. Using familiar economics of law enforcement models, the authors predict that the almost exclusive reliance by British environment agencies on criminal justice sanctions leads to under-deterrence. Agencies should be given powers to levy administrative financial charges from offenders without the procedures and onus of proof with which the criminal law protects defendants, but which also inhibits prosecution. The German system of Ordnungswidrigkeit provides an excellent model for this purpose.
ISSN:	0952-8873 1464-374X