The global impact of exercising extraterritorial jurisdiction over transnational corporate environmental crimes in extractive industries

Abstract

This article relates to contemporary topic, deals with subsoil use crimes and explores this asa subtype of environmental crimes committed by transnational corporations discussing the importance of choosing proper jurisdiction, and examines crimes in the field of subsoil use as a specific component of environmental crimes committed by transnational corporations involved in resource extraction and mining across the world. Their environmental harm, contribution to poverty and unfair utilization of resources is driven by greed and lure, and has long been heavily protected by legal jurisdictional cover-ups, which are now under scrutiny due to the globally evolving trend of exercising extraterritorial jurisdiction over certain torts committed by extractive industry operators. Appropriate criminological theories and studies of general and green criminology along with environmental justice are reviewed and reflected on. The author refers to unfair correlation of natural wealth and poverty, comes across the Brantinghamian definition of “crime” before turning to Sutherland’s conception of white-collar crime. The article also presents content analysis and case studies of the undergoing litigations, namely the case of Trafigura and Royal Dutch Shell. In concluding notes suggestions are offered for the future of environmental justice and the prevention of environmental crimes in extractive industries and mining.