On the question about the jurisdiction of the courts in cases of crimes against the international environmental safety

Abstract

The relevance of the research problem is conditioned by the fact that with the increasing number of crimes against the international ecological safety the unresolved issues of jurisdiction of courts on Affairs about crimes of this type give rise to the problem of determining of the proper court, which in accordance with the regulatory order may consider and render decisions on cases of crimes of this type. The purpose of this paper is to determine the mechanisms influencing the decision of the jurisdictional questions. As a leading approach to the study of the problem a comparison of the studied materials on international treaties, conferences and meetings are selected focused on efforts aimed at institutionalization of the ability to attract individuals to international criminal responsibility who are accused of encroachment on the natural environment. The study of the legal nature of liability for acts that infringe on international environmental security, the necessity of creating mechanisms of these decisions is justified, the conclusion about the necessity of a decision’s making or the establishment of an international specialized court or the jurisdiction’s spreading of the international criminal court on the above-mentioned acts is formulated. The paper may be useful for the validation and regulatory consolidation of the concepts and characteristics of these offences, as well as to address enforcement issues to determine the proper court. © 2016 Grebennikov et al