Cri 228 Environmental Law

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CRI 228 Environmental LAW

Criminology (University of Mindanao)

Studocu is not sponsored or endorsed by any college or university


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UNIVERSITY OF MINDANAO
Tagum College

Department of Criminal Justice Education


Criminology Program

Physically Distanced but Academically Engaged

Self-Instructional Manual (SIM) for Self-


Learning (SDL)

Course/Subject: CRI 228-ENVIRONMENTAL LAWS AND PROTECTION

Name of Teacher: Abella, Aleja A., RCrim

THIS SIM/SDL MANUAL IS A DRAFT VERSION ONLY; NOT FOR


REPRODUCTION AND DISTRIBUTION OUTSIDE OF ITS INTENDED
USE. THIS IS INTENDED ONLY FOR THE USE OF THE STUDENTS
WHO ARE OFFICIALLY ENROLLED IN THE COURSE/SUBJECT.
EXPECT REVISIONS OF THE MANUAL.

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Table of Contents
page

Part 1. Course Outline and Policies ...................................................... 4


Part 2. Instruction Delivery
CC’s Voice ............................................................................…….. 9
Course Outcomes .......................................................................... 9
Big Picture A: Unit Learning Outcomes ....................................... 10
Big Picture in Focus:ULOa ……………………………………………. 10
Metalanguage .......................................................................... 10
Essential Knowledge ............................................................... 11
Self-Help .................................................................................... 16
Let’s Check .................................................................................... 16
Let’s Analyze ......................................................................... 17
In a Nutshell .................................................................................... 18
Q&A List .................................................................................... 19
Keywords Index ......................................................................... 19
Big Picture in Focus:ULOb …………………………………………… 19
Metalanguage .......................................................................... 20
Essential Knowledge ............................................................... 20
Self-Help .................................................................................... 20
Let’s Check .................................................................................... 24
Let’s Analyze ......................................................................... 25
In a Nutshell .................................................................................... 26
Keywords Index ......................................................................... 28
Big Picture B: Unit Learning Outcomes ........................................ 29
Big Picture in Focus:ULOa ……………………………………………… 29
Metalanguage .......................................................................... 29
Essential Knowledge ............................................................... 30
Self-Help .................................................................................... 42
Let’s Check .................................................................................... 42
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Let’s Analyze ......................................................................... 43


In a Nutshell .................................................................................... 44
Q&A List .................................................................................... 45
Keywords Index ......................................................................... 46
Big Picture in Focus:ULOb …………………………………………… 46
Metalanguage .......................................................................... 46
Essential Knowledge ............................................................... 46
Self-Help .................................................................................... 51
Let’s Analyze ......................................................................... 51
In a Nutshell .................................................................................... 52
Q&A List .................................................................................... 53
Keywords Index ......................................................................... 54

Big Picture C: Unit Learning Outcomes ......................................... 54


Big Picture in Focus:ULOa ……………………………………………… 54
Metalanguage .......................................................................... 54
Essential Knowledge ............................................................... 54
Self-Help .................................................................................... 66
Let’s Analyze ......................................................................... 67
In a Nutshell .................................................................................... 67
Q&A List .................................................................................... 68
Keywords Index ......................................................................... 69

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Course Outline: CRI 228 – Environmental Law and Protection and


Investigation
Course Coordinator: ALEJA ABREA ABELLA, RCRIM.
Email: [email protected]
Student Consultation: By appointment
Mobile: 0917-1466709
Phone: UMTC phone number please….
Effectivity Date: June 2020
Mode of Delivery: Distance Education
Time Frame: 54 Hours
Student Workload: Expected Self-Directed Learning
Requisites: CRI 222
Credit: 3
Attendance Requirements: A minimum of 100% attendance is required at all
scheduled sessions.

Course Outline Policy

Areas of Concern Details


Contact and Non-contact Hours This 3-unit course self-instructional manual is designed
for distance learning mode of instructional delivery. The
expected number of hours will be 54 including the
supplemented traditional contact and/or social media
platform (if necessary).

Assessment Task Submission Submission of assessment tasks shall be on 3rd, 5th,


7th and 9th week of the term. The assessment paper
shall be attached with a cover page indicating the
title of the assessment task (if the task is
performance), the name of the course coordinator,
date of submission and name of the student. The
document should be emailed to the course
coordinator. It is also expected that you already paid
your tuition and other fees before the submission of
the assessment task.

If the assessment task is done in real time through


the features in the Quipper Learning Management
System, the schedule shall be arranged ahead of
time by the course coordinator..

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Since this course is included in the licensure


examination for criminologist, you will be required to
take the Multiple- Choice Question exam inside the
University. This should be scheduled ahead of time
by your course coordinator. This is non-negotiable
for all licensure-based programs.
Turnitin Submission To ensure honesty and authenticity, all assessment
(if necessary) tasks are required to be submitted through Turnitin
with a maximum similarity index of 30% allowed.
This means that if your paper goes beyond 30%,
the students will either opt to redo her/his paper or
explain in writing addressed to the course
coordinator the reasons for the similarity. In
addition, if the paper has reached more than 30%
similarity index, the student may be called for a
disciplinary action in accordance with the
University’s OPM on Intellectual and Academic
Honesty.

Please note that academic dishonesty such as


cheating and commissioning other students or
people to complete the task for you have severe
punishments (reprimand, warning, expulsion).
Penalties for Late The score for an assessment item submitted after
Assignments/Assessments the designated time on the due date, without an
approved extension of time, will be reduced by 5%
of the possible maximum score for that assessment
item for each day or part day that the assessment
item is late.

However, if the late submission of assessment


paper has a valid reason, a letter of explanation
should be submitted and approved by the course
coordinator. If necessary, you will also be required
to present/attach evidences.
Return of Assignments/ Assessment tasks will be returned to you two (2)
Assessments weeks after the submission. This will be returned by
email or via Quipper portal.

For group assessment tasks, the course coordinator


will require some or few of the students for online or
virtual sessions to ask clarificatory questions to
validate the originality of the assessment task
submitted and to ensure that all the group members
are involved.

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Assignment Resubmission You should request in writing addressed to the


course coordinator his/her intention to resubmit an
assessment task. The resubmission is premised on
the student’s failure to comply with the similarity
index and other reasonable grounds such as
academic literacy for other reasonable
circumstances e.g. illness, accidents financial
constraints.

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standards or other reasonable circumstances e.g.


illness, accidents financial constraints.
Re-marking of Assessment You should request in writing addressed to the
Papers and Appeal program coordinator your intention to appeal or
contest the score given to an assessment task. The
letter should explicitly explain the reasons/points to
contest the grade. The program coordinator shall
communicate with the students on the approval and
disapproval of the request.

If disapproved by the course coordinator, you can


elevate your case to the program head or the dean
with the original letter of request. The final decision
will
come from the dean of the college.
Grading System All culled from Quipper sessions and
traditional contact
Examinations:
1st to 3rd Exam – 30%
Final Exam – 30%

Class Participation:
Quizzes – 10%
Assignments – 5%
Research/requirements – 15%
Oral Recitation – 10%

Submission of the final grades shall follow the


usual University system and procedures.
Preferred Referencing Style Depends on the discipline; if uncertain or
inadequate, use the general practice of the APA
7th Edition.

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Student Communication You are required to create an email account which


is a requirement to access the Quipper portal. Then,
the course coordinator shall enroll the students to
have access to the materials and resources of the
course. All communication formats: chat,
submission of assessment tasks, request, etc. shall
be through the portal and other university
recognized platforms.

You can also meet the course facilitator in person


through the scheduled face to face sessions to raise
your issues and concerns.

For students who have not created their student


email, please contact the course coordinator or
program head..

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Contact Details of the Dean Gina Fe G. Israel, EdD


Email:[email protected]
Phone: 0915 832 5092 / 0909 994
2314
Contact Details of the Program Jun Mark A. Asis, MSCrim
Head Email: [email protected]
Phone: 0938 493 1993
Students with Special Needs Students with special needs shall communicate with
the course coordinator about the nature of his or her
special needs. Depending on the nature of the
need, the course coordinator with the approval of
the program coordinator may provide alternative
assessment tasks or extension of the deadline of
submission of assessment tasks. However, the
alternative assessment tasks should still be in the
service of achieving the desired course learning
outcomes.
Help Desk Contact Globe 0917-146-6709
Smart 0930-892-0005
Library Contact Email- [email protected]
0927-395-639

Course Information – see/download course syllabus in the Black Board LMS

CC’s Voice: Hello there! Good day! Welcome to this course CRI 228: Environmental law and
Protection and Investigation. This module introduces you to the role of law
in decision-making processes which affect environmental quality and the
use and conservation of natural resources. As a student of Criminology it is
imperative to learn concepts of crime and its causes and punishment.
Learning and understanding crime existence would always on top. One of the
fundamentals is learning the concept of law related to the environment where
we're all is part. This course describes the relation of everything within the
environment in which also crime occurs and how it affects or give a
contribution to criminal behavior. Environmental crime refers to a crime
committed against the environment and environmental criminals pose so much
of threat to everyday lives and the next generation of this earth. This course
will include the list of environmental laws (global and local settings), and how
the state works on its implementation as the 1997 Philippine Constitution
states its role on the protection of the environment. Have fun while learning
this course.

CO As a student of this course you are expected to understand the principles


underlying the concept of environmental crime and laws as well as the
provisions provided for the protection of the environment.

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Recognize the various efforts exerted by the green criminologist in the conduct
of investigation as per environmental crime is concerned and the development
of various strategies to address the different issues concerning environmental
crime.

Let us begin!
Big Picture

Week 1-3: Unit Learning Outcomes (ULO): At the end of the unit, you are expected to

a. Fathom and describe terms related to the scope, concepts, and principles
relevant to environmental studies.
b. Understand the concept of sustainability.

Big Picture in Focus: ULOa. Understand the definition and scope of


environment and the importance of the environmental studies in
environmental law and crimes.

Metalanguage
The following are terms to be remembered as we go through in studying this unit.
Please refer to these definitions as supplement in case you will encounter difficulty in
understanding the basic concepts of environment.

 Environment. The complex of physical, chemical, and biotic factors (such as


climate, soil, and living things) that act upon an organism or an ecological
community and ultimately determine its form and survival.
 Environmental Science. is the study of the effects of natural and unnatural
processes, and of interactions of the physical components of the planet on the
environment.
 Environmental sustainability. Is the responsible interaction with the environment to
avoid depletion or degradation of the natural resources and allow for-long term
environmental equality. Its practice would ensure that the needs of today’s population
would not jeopardized the ability of the future generation to meet their need.
 Ecosystem. is a community of living organisms in conjunction with the nonliving
components of their environment, interacting as a system

Essential Knowledge
The following are the basic concept of environmental laws and protection and
investigation that may be useful for you to understand this field of expertise. The said concepts
might be confusing or difficult as a beginner but at the later part of this unit would be of great
help for you to understand the nature of its existence. Please note that you are not limited to
exclusively refer to these resources. Thus, you are expected to utilize other books, research
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articles and other resources that are available in the university’s library e.g. ebrary,
search.proquest.com etc., and even online tutorial websites.

1. Environment. refers to all aspects of the natural environment, including land, air, water, flora
and fauna, as well as the human environment (both Indigenous and non-Indigenous cultural and
built heritage. The Environment. “environner” is a French word which means to encircle, around
or surround and is where the term environment derived from. The tern was ntnroduced by Van
Uerkal in Ecology. As given by Environment Protection Act 1986, Environment is the sum total of
land, water, air, interrelationships among themselves and also with the human beings and other
living organisms. Environmental Science is the interdisciplinary field and requires the study of the
interactions among the physical, chemical and biological components of the Environment with a
focus on environmental pollution and degradation.

1.a the environment consists the atmosphere which saves from the hostile
environment of the outer space and is composed of nitrogen and oxygen.

1.b the hydrosphere all various types of water like oceans, rivers, lake, streams,
the ground water and etc..

1.c lithosphere is the outer mantle of the earth. Its consist of minerals occurring in
the crusts and soil e.g. minerals, organic water, air and etc..

1.d biosphere is the reality relationship between the living organisms and its
interaction with the environment and that would include the other segments that consists
the environment.

1.e the environment is of three types which affects the personality of an individual
according to Kurt Lewin. First, physical environment which refers to the geographical climate
and weather conditions wherein a person stays and spend his and is categorized in to three
as solid, liquid and gas and represent the spheres. Second, the social environment includes
an individual’s social, economical and political condition wherein he lives while Psychological
environment or “life space” as termed by Lewin which enables man to understand the
personality of an individual. If a person is unable to overcome the barriers, he can either get
frustrated or compelled to change his goal for a new psychological environment. By adopting
this mechanism, the individual is helped in his adjustment to the environment.

2. Environmental Science. A branch of biology focused on the study of the relationships of the
natural world and the relationships between organisms and their environment.

3. Ecology. In 1869, a German biologist coined the word “Ecology”, a combination of both greek
words – oikos , which means “household” or “home” and logos meaning “study of”. The coined
term refers to the science that deals with the study of the interaction of the organisms in their
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natural and individual habitat towards their surroundings. Ecology analyses the existence of the
organism, its conveyance and the conduct of individual species just as the basic and elements of
a characteristic framework as far as populace, networks, biological systems and landscape.

3.a Hereunder are the three pervasive definitions of Ecology.

 Haeckelian form – the study of the relationship between organisms and environment.
 Most common – the study of the distribution and abundance of organism.
 Focuses ecology on the study of ecosystem.

4. Species. A class of individuals having some common characteristics or qualities. Classification


comprising related organisms that share common characteristics and are capable of interbreeding.

5. Biodiversity. The variability among living organisms from all sources, including terrestrial,
marine, and other aquatic ecosystems and the ecological complexes of which they are part; this
includes diversity within species, between species, and of ecosystems.

6. Natural Resources. Natural resources refer to the things that exist freely in nature for human use
and don’t necessarily need the action of mankind for their generation or production. The key aspect
of natural resources is that they dictate the survival of humans and other life forms on earth. These
resources include land, rocks, forests (vegetation), water (ocean, lakes, streams, seas, and rivers),
fossil fuel, animals (fish, wild life, and domesticated animals), minerals, sunlight and air.

6.a types of Natural Resources

Renewable natural resources

Renewable resources are the ones that are consistently available regardless of their use. They can
be fairly recovered or replaced after utilization. Examples include vegetation, water, and air. Animals
can also be categorized as renewable resources because they can be reared and bred to reproduce
offspring to substitute the older animals

Non-renewable resources are the ones that cannot simply be substituted or recovered
once they have been utilized or destroyed. Examples of such natural resources include fossil fuels
and minerals. Minerals are categorized as non-renewable because, even though they take shape
naturally through the rock cycle, their formation periods take thousands of years. Some animals mostly
the endangered species are similarly regarded as non-renewable because they are at the verge of
extinction.

Biotic natural resources .The Biotic natural resources are the ones that come from the
ecosphere (organic and living materials). These include resources such as animals, forests
(vegetation), and other materials obtainable from them. Fossil fuels such as petroleum, oil, and coal
are also included in this grouping because they are generated from decayed organic matter.
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The abiotic natural resources are the ones that come from non-organic and non-living
materials. Examples of abiotic natural resources are water, land, air and heavy metals like iron,
copper, silver, gold, and so on.

7. Stock Natural Resources. Stock natural resources are those that are present in the
environment but the necessary expertise or technology to have them exploited. Hydrogen is an
example of a stock natural resource.

8. Natural capital is defined as the earth’s stock of natural assets. Those assets are part of the
world’s ecosystems, “a geographically specified system of organisms (including humans), and the
environment and the processes that control its dynamics”. The environmental stock or resources
of Earth that provide goods, flows and ecological services required to support life. Examples of
natural capital include: minerals; water; waste assimilation; carbon dioxide absorption; arable land;
habitat; fossil fuels; erosion control; recreation; visual amenity; biodiversity; temperature regulation
and oxygen. Natural capital has financial value as the use of natural capital drives many
businesses.

10. Natural Services. The many and varied benefits that humans freely gain from the natural
environment and from properly-functioning ecosystem.

11. Chemical Cycling. The natural process of recycling nutrients/chemicals that plants and animals
needs to stay alive and reproduce. Since the Earth doesn't receive new "shipments" of these

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chemicals, they have to be cycled continuously from organisms to their nonliving environment and
back.

12. Environmental Degradation. The deterioration (causing degenerative harm) of the environment
through exhaustion of natural assets such as water, soil, and air including the ecosystem, habitat
intrusion, wildlife extermination, and environmental pollution. It is an apparent change in the
environment deemed undesirable or pernicious.

12.a Natural Capital Degradation. Natural capital degradation is defined as using normally
renewable resources faster than the earth can replenish them.

12.b also called environmental pollution, the addition of any substance (solid, liquid, or gas)
or any form of energy (such as heat, sound, or radioactivity) to the environment at a rate faster
than it can be dispersed, diluted, decomposed, recycled, or stored in some harmless form.

13. Ecological footprint is a method of gauging humans’ dependence on natural resources by


calculating how much of the environment is needed to sustain a particular lifestyle. In other words, it
measures the demand vs. the supply of nature. The impact of human activities measured in terms of
the area of biologically productive land and water required to produce the goods consumed and to
assimilate the wastes generated. It is the amount of the environment necessary to produce the goods
and services necessary to support a particular lifestyle.

14. Sustainable development is able to satisfy today’s needs without endangering the capacity of
future generations. It comprises three basic elements that must complement one another:
environmental, economic and social sustainability. All laws are relevant to nearly all areas of
environmental protection and sustainability. Sustainability is the ability to meet the needs of the
present without compromising the ability of future generations to meet their own needs.

15. Environment studies is a multidisciplinary subject where different aspects are dealt with in a
holistic approach. The science of Environment studies comprises various branches of studies like
chemistry, physics, life science, medical science, agriculture, public health, sanitary engineering,
geography, geology, atmospheric science, etc. It is the science of physical phenomena in the
environment. It studies the sources, reactions, transport, effect and fate of a biological species in the
air, water and soil and the effect of and from human activity upon these. Environmental Science deals
with the study of processes in soil, water, air and organisms which lead to pollution or environmental
damages and the scientific basis for the establishment of a standard which can be considered
acceptably clean, safe and healthy for human beings and natural ecosystems

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Self-Help: You can also refer to the sources below to help you further
understand the lesson

Voigt, C. (Ed.). . Rule of law for nature: New dimensions and ideas in environmental law. Retrieved from
https://search.proquest.com/.legacydocview/EBC/1543643?accountid=31259

Lazarus, R. J. (2004). The making of environmental law. Retrieved from https://ebookcentral.proquest.com

Caldart, C. C., & Ashford, N. A. (2008). Environmental law, policy, and economics : Reclaiming the environmental
agenda. Retrieved from https://ebookcentral.proquest.com

Singh, Y. (2006). Environmental science. Retrieved from https://ebookcentral.proquest.com

Let’s Check

Let us try the following activities to check your understanding in this unit.

Activity 1. Identification. In the space provided, write the term/s being asked in the following
statements: (two point each)

1. is the investigation of how normal frameworks work, stay various


and produce all that it requirements for the nature to stay in balance.
2. it is define as the learning of the connection between organisms and
environment.
3. Its definition in Haeckelian form underlines both the living and the
non-living segments of the regular world.
4. He coined the term Ecology.
5. is the entirety of all the outside powers, impacts and conditions ,
which influence the life, nature and conduct and the development , improvement,
development of living life form.
__________________6.
__________________7.
__________________8. The oceans percentage of the earth’s water.
__________________9. deals with the study of the processes in soil, water, air and
organisms which lead to pollution or environmental damages.
_________________ 10. The main cause of deforestation.

Activity 2. True or False. In the space provided, write T if the given statement is true and F if
false. ( two point each).
_________________1.bioesphere indicates the realm of living organisms and their
interaction with the environment, atmosphere, hydrosphere and the biosphere.
_________________2. The protection of ecology and the health of the environment is
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Basically the reason why environmental law is enacted.


_________________3. Ecology is the integrated study of factors that influence the
environment and environmental systems, especially the interaction of the physical, chemical,
and biological components of the environment.
_________________4.Biodiversity refers to the amount of diversity between different plants,
animals and other species in a given habitat at a particular time
_________________5. The latin word oikos means household.

Let’s Analyze
Let us try the following activities to know how deep your understanding about the
topics of this unit.

Activity 1. Cite at least 3 pros and cons (effects) of the following item to the Environment.
Indicate your answers on the space provided. (One point each)

Pros Cons
Technology 1. 1.
2. 2.
3. 3.

Transportation 1. 1.
2. 2.
3. 3.

Environmental laws 1. 1.
2. 2.
3. 3.

Building Construction 1. 1.
2. 2.
3. 3.

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Activity 2. Compare and Contrast. Point out the similarities and dissimilarities of the
following items on your own word.
ECOSYSTEM ____________________________ ECOLOGY
_____________________ ____________________________ _____________________
_____________________ ____________________________ _____________________
_____________________ ____________________________ _____________________
_____________________ ____________________________ _____________________
____________________________

____________________________
____________________________
____________________________
____________________________
____________________________
Biodiversity ____________________________ Diversity
_____________________ _____________________
_____________________ _____________________
_____________________ _____________________
_____________________ _____________________

SUSTAINABILITY _____________________________ Protection


_____________________ _____________________________ ______________________
_____________________ _____________________________ ______________________
_____________________ _____________________________ ______________________
_____________________ _____________________________ ______________________
_____________________________

Follow-up questions. Write a clear idea with no plagiarism of sources that will address
the concern of the following questions. (five point each)

1. What are the greatest problems facing our environment?


2. Do you believed that the Philippine government cares more about its environment?
3. Are you satisfied with the effort exerted by the government in addressing environmental
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threats?

Activity 3. Illustration. Using this illustration, describe the relationship of awareness about
environmental issues, importance of environment studies and creation of environmental laws.

WRITE HERE

WRITE HERE

WRITE HERE

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In a Nutshell
In this part you are going to write down what you have realized in this unit. The said
statement of yours could be in a type of conclusion, contentions, or point of view you have
drawn from this lesson. . I have indicated my arguments or lessons learned.

1. The study of the environment is the study of man. Definitely, this is because man is part
of the environment. The environmental studies comprises various branches of the study of
science in which makes this study as a multi-disciplinary and therefore the environment
means the surrounding external conditions affecting the growth and development of living and
non-living organisms.

2. Environment is everything that we are not according to Albert Einstein. It is vital that every
country must formulate laws and enforce such creation for the protection of resources that is
now being abused. Environmental crimes exist all over the world and thus harming the
environment.

Now it’s your turn!


1.

2.

3.
___________________________________________________________________

4.

5.

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Q&A List
In this section you are going to list what boggles you in this unit. You may indicate
your questions but noting you have to indicate the answers after your question is being raised
and clarified. You can write your questions below.

Questions/Issues Answers
1.

2.

3.

4.

5.

Keywords Index

environmental law ecosystem plants

environmental crime biodiversity ecology

green crimes diversity ecosystem

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Big Picture

Week 4-5: Unit Learning Outcomes (ULOa): At the end of the unit, you are expected to
a. Understand and describe terms related to the environmental laws and crimes.
b. Comprehend various methods measuring environmental crime and become
familiar with the existing laws and its enforcement.

Big Picture in Focus: ULOa. Understand the creation of laws for the
protection of the environment. Discover the earliest and first major
global action in combatting environmental problems.

Metalanguage
The following are terms to be remembered as we go through in studying this unit.
Please refer to these definitions as supplement in case you will encounter difficulty in
understanding the basic concept of environmental laws.

 Environmental crime. Is any act that violates an environmental protection (law). An


act committed with intent to harm or with a potential to cause harm to ecological and/or
biological systems" as well as with the purpose to increase business or personal gain.
 Environmental laws. Is the collection of laws, regulations, agreements and common
law that governs how human interact with their environment. It covers wide range of
topics including the quality of the air, water, waste, contaminants and other wastes.

Essential Knowledge

After understanding the scope and concept of environment and its sustainability, let’s
proceed with the idea on effects of the problems brought by the misuse and abuse of the
environment by the man itself and the roots of environmental law.. Please note that you are
not limited to exclusively refer to these resources. Thus, you are expected to utilize other
books, research articles and other resources that are available in the university’s library e.g.
ebrary, search.proquest.com etc., and even online tutorial websites.

Preceding the 1960s, ecological law didn't exist as a discrete residential and universal
legitimate class. Present day natural assurance has a few roots in nineteenth century general
wellbeing and assets protection laws too in private lawful activities for contamination harm.
(Natural law has establishes in private activities which secure the utilization and abuse
regarding an area, annoyance and maltreatment of rights, and in the general population
wellbeing change laws of the nineteenth century (Hughes, 1986)). Be that as it may, preceding
the late nineteenth and mid twentieth hundreds of years, there was no boundless valuation
for the thought that environments and water and air masses were geological units that ought
to be the subject of uncommon lawful security. The science-based thought that the biosphere
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was a delicate framework defenseless against human-initiated disability just turned out to be
generally acknowledged UNESCO – EOLSS Test CHAPTERS Ecological LAWS AND THEIR
ENFORCEMENT – Vol. I - History of Environmental Law - A. Dan Tarlock ©Encyclopedia of
Life Support Systems (EOLSS) after World War II. At the point when the thought increased
wide acknowledgment in the late 1960s, lawful insurance of air, water, soil, and environments,
for example, wetlands and timberlands, rapidly followed, especially in USA, Europe, Australia
and New Zealand. From that point forward, natural security has turned into a significant
component of the local lawful frameworks of every single created nation and many creating
ones. Since the 1980s, natural law has additionally gotten a significant and developing part
of worldwide law.

Environmental law's consistency has happened for two reasons: (1) the law is
inferred from regular logical and financial suppositions about the causes and outcomes of
ecological corruptions and (2) most nations have followed the European/US model of
arrangement instruments for contamination decrease, natural effect evaluation, harmful
hazard evaluation and biodiversity preservation. Since ecological law is a side-effect of the
ascent of environmentalism as a political power all through the world since the 1960s, it has
three exceptionally connected all inclusive essential targets: (1) the remediation and
counteraction of air, water and soil contamination that causes both evident harm and
automatically opens people to socially inadmissible hazard levels, (2) the preservation of
biodiversity, scene and legacy for present and future ages, and (3) the advancement of
naturally practical turn of events. (Each of these goals keeps on being challenged yet the
challenge is progressively at the edge, Tarlock (2009).

The Stockholm Conference is regarded as a pivotal point in the development of


modern environmental law. It was the first intergovernmental conference devoted to
environmental issues and acknowledged that environmental protection is a major issue which
affects both the well-being of people and global economic development. It draws on broad
general environmental policy goals and objectives rather than setting down specific
obligations.

The conference’s recognition of the need to revitalise the ties between humanity and
nature led to the creation of various environmental institutions in the UN. Importantly, it also
led to the development of key national and international environment instruments.

During the first major global conference in Sweden, the conference on the human
environment considered the need for common outlook and 26 common principles to
encourage and guide every individual living in this world in the development, preservation and
improvement of the human environment.

1. Why is environmental law important?


ENVIRONMENTAL OR NATURAL RESOURCES LAW

A term used to explain regulation, statutes, local, national and international


legislation, and treaties designed to protect the environment from damage and to explain the
legal consequences of such damage towards government or private entities or individuals.

It can also describe a desire by businesses and other organizations, and their
regulators to work towards improving ethical principles by setting regulation and industry
standards for operating licenses.

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We don't acquire the earth from our grandparents yet we obtain it from people in the
future. Each man's activity affects others and the general public. Every individual's life today
relies upon the presentation of many others. For instance, thoughtlessness in taking care of
a synthetic plant or atomic reactor could slaughter thousands and a huge number of
individuals in the plant and its region as well as even at an extensive good ways from it and
furthermore the people in the future as like Bhopal and Chernobyl disaster. The hazardous
squanders from concoction plants or an atomic reactor can clear out human, creature and
vegetation and make the earth unfit for living. The requirement for community oriented
activity on a worldwide level has for quite some time been felt and in 1972, agents of 113
world governments gathered in Stockholm to take an interest in the United Nations
Conference on Human Environment and the Stockholm meeting announced that:

"The protection and improvement of human environment is a major issue which affect
the well-being of people and economic development throughout the world and it is the duty
of all government and people to exert common effort for the preservation and improvement
of human environment, for the benefit of all people and their posterity." – in 1972 UNCHE-
Stockholm Conference

A committee was setup by the then Prime Minister of India Mrs. Indira Gandhi under
the Chairmanship of Shri. Pitamber Pant to prepare a basic report on India’s environmental
policy which led to formation of “National Committee on Environmental Planning and
coordination (NCEPC)” which was formed under the Department of Science &
Technology. NCEPC was given various tasks to perform ranging from review of policies,
reviews of ecological research etc. During the VIth five year plan (1980-85) special emphasis
was given on sound environmental and ecological principals in land use, agriculture, forestry,
wildlife, water, air marine environment, minerals, fisheries, renewable resources, energy and
human settlements. Tiwari Committee in 1980 recommended the creation of a Department
of Environment at the national level to explicit recognition to the pivotal rote that environment
conservation must play for sustainable National Development and later it became Ministry of
Environment, Forests and wildlife in 1986. Now, each state has a separate Department of
Environment to regulate industries subject to the provision of union list. Central Pollution
Control Board and State Pollution Control Boards were established in every state/ country
and they are responsible for implementing these legislations as well as issuing relevant rules,
regulations and notification there of which prescribe the standards for emissions and
effluents of air and water pollutants and noise levels.
Many countries have introduced control mechanism to punish the enterprises or
industries violating the environment and have enacted special criminal laws or amended their
penal codes by creating new criminal laws in order to prosecute the most flagrant offenders
through the criminal prosecution system. The Japanese law for the punishment of crimes
relating to environment pollution was the first such step. Penal codes of the Federal Republic
of Germany German Democratic Republic (as it then was), Hungary, Portugal, Spain and
Brazil, soon followed. Countries that do not legally distinguish between regulatory offences
and crimes, such as Canada and the United states, have created new regulations related to
crime dealing with flagrant violations and provided stiff punishment with fines and prison
sentences to violators.

India was the first country to impose a constitutional obligation on the State and citizens to
protect and improve the environment as one of the primary duties. Article 48A of the Indian
Constitution provides:

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"The state shall endeavour to protect and improve the environment and to safeguard forests and
wildlife of the country."

2. What does environmental law cover?


 The protection of ecology and the health of the environment.
 Pollution
 Sustainability of resources
 General principles and its philosophies

Protecting the environment is protecting the resources of the now and the next
generation. Some areas of environmental law are designed to ensure the protection of the
environment, others are designed to control human use of natural resources by setting up a
system of environmental approvals.

.
Self-Help: You can also refer to the sources below to help you further
understand the lesson
Tarlock, A. D. (2009). History of environmental law. Environmental Laws and Their Enforcement, 1, 42-
64.

Tarlock, A. D. HISTORY OF ENVIRONMENTAL LAW.

Lazarus, R. J. (2004). The making of environmental law. Retrieved from https://ebookcentral.proquest.com

Caldart, C. C., & Ashford, N. A. (2008). Environmental law, policy, and economics : Reclaiming the environmental
agenda. Retrieved from https://ebookcentral.proquest.com

Singh, Y. (2006). Environmental science. Retrieved from https://ebookcentral.proquest.com

Let’s Check

Let us try the following activities to check your understanding in this unit.

Activity 1. Identification. In the space provided, write the term/s being asked in the following
statements: (One point each)
1. The act of removing fins from sharks and discarding the rest of the
shark.
2. This kind of environmental crime is most often caused by
companies, factories and Public Administrations. Faecal and toxic waste coming from
factories is usually dumped in a controlled way, but this is not always the case. In these cases
waste is uncontrollably released into the environment, while at the same time polluting rivers,
lakes aquifers, etc. is considered as dumping in rivers and aquifers. What do you call the act
of selling cutted trees elsewhere without approval?

3. The system of rules which a particular country or community


recognizes as regulating the actions of its members and which it may enforce by the
imposition of penalties.
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4. According to research, this is regarded as third largest illegal business


in the world by the INTERPOL.
5. A desire by businesses and other organizations, and their regulators to
work towards improving ethical principles by setting regulation and industry standards for
operating licenses.
6. An individual animal, plant, or single-celled life form.

7. Refers to the living components of the environment.


8. There would be no plants, and with no plants there would be no food for
primary consumers- and therefore no primary consumers and so on and so forth, then eventually,
significantly less food for us without it.

9. The result/act that must be attained if economy and social is being added.

10. The first collaborative action on global level happened in this year.

Activity 2. Matching type. Pick an option from column A that corresponds your option in
Column B. ( one point each)

COLUMN A COLUMB B

1.This program was created to promote efforts on A. Man


sustainability of security of the environment
2. First major international conference on B. the polluter pays principle
environment.

3. According to Interpol, it is the third largest illegal C.UNEP


business in the world today.

4. an environmental crime most caused by D.UNCHE


companies, factories and public administration.

5. it was established by the UN General Assembly E. it calls upon all the


to work and pursue sustainable development government to make effort for
altogether with the other countries. the preservation and
improvement of human activity.
6. The Earth Summit. F. Brundtland Commission

7. the creature and molder of environment G. dumping in rivers

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8. those who commit shall be responsible for the H. USA


costs in managing it its prevention for the health of
man and his environment.
9. Stockholm conference I. Rio Declaration

10. Stockholm conference took place J. animal trafficking

k. Sweden

L. God

Write your answer here. Letters only.

1.____________________ 6.____________________
2.____________________ 7.____________________
3.____________________ 8.____________________
4.____________________ 9.____________________
5.____________________ 10.____________________

Let’s do this…
Activity 1. Essay. Write a short answer. (5 point each)
1. What is the need for environmental legislation?
2. What was the most purpose of the Stockholm conference?
3. Globally, what are the existing environmental laws?

Activity 2. Case Study.


Read about the Bhopal Disaster. An incident transcribed in India. After reading, answer the
following questions.

1. How did the Bhopal disaster happen?


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2. What are the causes of the disaster?


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3. What are the legal factors of the tragedy?
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4. How do you describe this tragedy?


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5. Draw a conclusion from this tragedy.


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_____________________________________________________________________________
_____________________________________________________________________________

In a Nutshell
In this part you are going to write down what you have realized in this unit. The said
statement of yours could be in a type of conclusion, contentions, or point of view you have
drawn from this lesson. . I have indicated my arguments or lessons learned.

1._______________________________________________________________________
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_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
2._______________________________________________________________________
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3._______________________________________________________________________
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4._______________________________________________________________________
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5._______________________________________________________________________
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Q&A List
In this section you are going to list what boggles you in this unit. You may indicate
your questions but noting you have to indicate the answers after your question is being raised
and clarified. You can write your questions below.

Questions/Issues Answers
1.

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2.

3.

4.

5.

Keywords Index

Law Natural resources wildlife

Harm NCEPC Living things

Stockholm conference Generation biology

Big Picture in Focus: ULOb. Understand environmental crimes


and its existence. The future problems and damages that it
may cause to the health of people and the environment.

Metalanguage
The following are terms to be remembered as we go through in studying this unit.
Please refer to these definitions as supplement in case you will encounter difficulty in
understanding the basic concept of environmental crime.

 Environmental crime. Is any act that violates an environmental protection (law). An


act committed with intent to harm or with a potential to cause harm to ecological and/or
biological systems" as well as with the purpose to increase business or personal gain.
 Wildlife. living things and especially mammals, birds, and fishes that are neither

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human nor domesticated. How to use wildlife in a sentence.


 Fauna. is a group of indigenous animals of any geographical region.
 Flora. The plant in ecosystem.
 INTERPOL-international police
 IUCN- International Union for Conservation of Nature
 Species. Class of individuals having common characteristics or qualities, distinct sort
or kind. Biologically, the major subdivision of a genus or subgenus, regarded as the
basic category of biological classification, composed of related individuals that
resemble one another, are able to breed among themselves, but are not able to breed
with members of another species.
 Stockholm Conference- United Nations Conference on Human Environment
 Trade. The act of buying and selling or exchanging of species from the environment.
 UNEP- United Nations Environmental Programme

Essential Knowledge

After familiarizing the history of environmental laws and its common purposes let’s
now itemized the most profitable forms of transnational criminal activity which is the
environmental crimes. The following are the vital information about the current problems,
issues, and crimes related to the study. Environmental crime is currently turning into a difficult
issue worldwide in various structures, with some of them being among the most destructive
crimes. The most widely recognized crimes are against the nature associated with the
unlawful misuse of wild fauna and flora, contamination, squander removal and trade. Please
note that you are not limited to exclusively refer to these resources. Thus, you are expected
to utilize other books, research articles and other resources that are available in the
university’s library e.g. ebrary, search.proquest.com etc., and even online tutorial websites.

1. What is Environmental Crime?

The term environmental crime covers not only the illegal trade in wildlife, but
also forestry and fishery crimes, illegal dumping of waste including chemicals, smuggling of
ozone depleting substances and illegal mining. Illegal mining is not limited to illegal extraction
of resources, it also has severe environmental impacts, whether from mercury pollution from
artisanal gold mining, or destruction of natural flora and fauna, pollution, landscape
degradation and radiation hazards, with negative impact on arable land, economic crops and
trees. A broad understanding of environmental crime includes threat finance from exploitation
of natural resources such as minerals, oil, timber, charcoal, marine resources, financial
crimes in natural resources, laundering, tax fraud and illegal trade in hazardous waste and
chemicals, as well as the environmental impacts of illegal exploitation and extraction of
natural resources. Environmental crime has in recent years received global attention due to
its serious and deleterious impact on the environment and ecosystems, as well as on peace,
security and development. Killing of elephants and rhinos has brought awareness of the
unlawful trade of wildlife. We are facing mass eradication of wildlife furthermore, nations are
losing notorious untamed life species. In any case, the degree and range of this unlawful
trade has increased. Lawbreakers presently remember for their dealing portfolios waste,
synthetic concoctions, ozone draining substances, unlawfully fishing, timber and other
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timberland items, just as struggle minerals, counting gold and precious stones, Nellemann, C
(2016).
Beyond those posed by regular criminality is the impact of environmental crime. It also
continuously increase the fragility and vulnerability of our already scarred planet. Its vast losses is an
actually a danger to our future generations and will prejudice our capacity to accomplish the goals
towards sustainable development of our environment.

Criminals exploit the lack of international consensus and the divergence of


approaches taken by countries. What may constitute a crime in one country, is not in another.
This effectively enables criminals to go “forum shopping” and use for example one country to
conduct poaching, another to prepare merchandise, and export via a third transit country.
According to UNODC, corruption is the most important enabling factor behind illegal wildlife
and timber trade.29 Identifying the optimal legal framework for preventing, combating and
prosecuting environmental crimes requires careful consideration.

Assessing the growth rate of a form of crime can be extremely difficult, given that
criminals do not hand over statistics of their illegal activities. Other measures such as number
of seizures is also influenced by customs attention, coverage and efficiency. Another factor is
the scope of ever changing scams, as well as changing smuggling routes. Homicides and
financial crimes are to some extent reported or can be found in some countries’ public
conviction databases. Many environmental crimes, by contrast, remain unregistered in spite
of the massive scale. This has been a primary cause of low awareness of both the scale and
the different modi operandi of effective laundering methods in the enforcement sector.

The environment provides the very foundation of sustainable development, our health,
food security and our economies. Ecosystems provide clean water supply, clean air and
secure food and ultimately both physical and mental wellbeing. Natural resources also provide
livelihoods, jobs and revenues to governments that can be used for education, health care,
development and sustainable business models. The role of the environment is recognized
across the internationally agreed seventeen sustainable development goals adopted in 2015.

Environmental crime is vastly expanding and increasingly endangering not only wildlife
populations but entire ecosystems, sustainable livelihoods and revenue streams to
governments. By some estimates, possibly more than a quarter of the world’s elephant
population has been lost in a decade. However, environmental crimes are no longer restricted
to iconic wildlife and rare wood species alone – they have become part and parcel of the
larger global network of transnational organized environmental crimes. Environmental crime
also include corporate crime in the forestry sector, illegal exploitation and sale of gold and
minerals, illegal fisheries/fishing, trafficking in hazardous waste and chemicals and threat
finance using wealth generated illegally from natural resources to support non-state armed
groups and terrorism.

Indeed, the value of the illegal wildlife trade is now dwarfed by the larger crimes against
the environment. • The illegal wildlife trade is by some estimated at 7–23 billion USD per year
Environmental crime is now estimated to be ca. 91–258 billion USD (2016) annually, a 26%
increase from previous estimate in 2014. • Environmental crimes is rising by 5-7% annually –
2–3 times the rate of the global economy • Losses of government revenues through lost tax
income due to criminal exploitation account for at least 9–26 billion USD annually. • Forestry
crimes including corporate crimes and illegal logging account for an estimated 51–152 billion
USD; • Illegal fisheries an estimated 11–24 billion USD, • Illegal mining estimated at 12–48
billion USD; • Waste at 10–12 billion USD.
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The wide uncertainty range reflects the lack of criminal statistics in this field, but is
based on best sources and criminal intelligence from INTERPOL. The value makes
environmental crimes the fourth largest crime in the world after drug trafficking (344 billion
USD), counterfeit crimes (288 billion USD) and human trafficking (157 billion USD), by some
estimates. Unlike any other known crime, environmental crimes are aggravated through their
additional cost and impact on the environment and cost to future generations. Deforestation,
dumping of chemicals and illegal fisheries causes loss of ecosystem services such as clean
air and clean water, extreme weather mitigation, food security and even health and wellbeing.
They also deprive governments of much-needed revenues and undermine legal businesses.
The possible annual growth rate of environmental crimes is difficult to estimate.

Environmental crime is definitely has no clear definition but has a broad of compass
from illegal trade of wildlife, illegal logging, illegal mining and any other product from the
ecosystem being used and trade by the organized criminals.

2. Major Environmental Crimes


 Wild animal trafficking- Estimates of the illegal trade in wildlife are generally
around 7–23 billion dollars annually,72-75 including anything from insects,
reptiles, amphibians to mammals. It concerns both live and dead specimens
or even products made from wildlife or plants. The specimens and products
are used for pharmaceutical, ornamental or traditional medicinal purposes.
Illegal harvest and trade includes a range of species from iconic ones like
gorillas, orangutans, elephants, tigers, rhinos, Tibetan antelopes and
pangolins to corals, birds, reptiles and sturgeon for caviar. These species
often constitute significant financial transactions, both for national economies
as well as to black markets. Due to lack of clear definitions, the boundaries
between different types of environmental crimes is sometimes unclear.

 Indiscriminate logging- The involvement of transnational organized crime and


advanced laundering is becoming more and more evident, even in forest
crimes such as rosewood smuggling, illegal logging, or laundering of illegal
tropical timber through “fraud” plantations, laundering the timber through
paper mills and palmoil plantation front companies.140 In some countries as
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much as 90% of forest are leased as logging concessions.141-142 It is


estimated that 62–86% of all suspected illegal tropical wood entering the EU
and US arrives in the form of paper, pulp or wood chips, not as roundwood or
sawnwood or furniture products, which have received the most attention in
the past (see UNEP-INTERPOL, 2014).143 In 2015, WWF-Germany
conducted a follow-up fibre- laboratory investigation of paper to verify possible
presence of tropical wood in a total of 144 different paper products.144
Tropical timber was found in almost 20 percent, despite most of the
companies having ruled out this possibility, further confirming the patterns
reported by UNEP-INTERPOL in 2014.

 Electronic waste mismanagement

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 Finning- According to the Food and Agriculture Organization, 29% of global


fish stocks were overfished or extinct in 2011 and well over half of global fish
stocks are fully exploited.147 At the same time, fish and fish-products are
20% of the source of animal protein for 3 billion people around the world and
the fish and fish-farming industry secures the livelihoods of between 10 and
12 per cent of the global population, most of these in developing countries.

 Dumping in rivers and aquifers- The global waste sector, valued at at least
USD 410 billion a year,158 takes several forms – firstly a legal industry
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sustaining business and environmental protection, secondly an unregulated


sometimes even informal business, that is important for recycling and job
creation as well, but with health risks and challenges of monitoring the safety
and sound management.159 Thirdly, trafficking in hazardous waste and
chemicals by organized crime.

White collar environmental crimes The links of environmental crimes to money


laundering, hacking, fraud and tax evasion by transnational organized criminal networks The
heavier transnational organized criminal networks, experienced in white collar crimes also –
have embraced environmental crimes as an emerging black market with low risks and high
profits. The crimes related to natural resources, waste and wildlife include tax fraud, double
counting, transfer mispricing, money laundering, internet crimes and hacking,
phishing/identity theft, securities fraud, financial crimes, and fraudulently reclaim carbon
credits, as shown by some of the many examples investigated by INTERPOL and EUROPOL
in recent years.

Environmental crime and threat finance to terrorism and conflicts Both non-state
armed groups, terrorist groups and other networks thrive on the exploitation of natural
resources to fund their activities. Examples include Taliban funded by drugs,172 Janjaweed
operating from Darfur into CAR and DRC, and LRA in DRC poaching elephants.173 At least
40 percent of internal conflicts in the last 60 years have a link to natural resources.174

Addressing root causes of environmental crime The root causes of environmental


crime vary greatly, and subsequently the design, identification and implementation of
appropriate responses must be carefully planned. Root causes are primarily the low risks
and high profits in a permissive environment as a result of poor governance and widespread
corruption, minimal budgets to police, prosecution and courts, inadequate institutional
support, political interference and low employee morale, minimal benefits to local
communities and rising demand in particular in Asia. For recruitment of low-level perpetrators
at the frontlines, also poverty is a main concern.179 Hence, organized crime have found a
virtual free haven to engage.

Much of the international focus has centred around iconic species, as well as the illegal
wildlife trade related to endangered species mainly listed under CITES. However, the wider
range of environmental crime from corporate forestry crimes to carbon credit fraud, trafficking
hazardous waste or involving threat finance to non-state armed groups and terrorist groups
have not yet received a system-wide response. The collective impact is not only severely
causing loss of revenues and undermining legal trade and businesses, it is also putting

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development, peace and security at risk.

Restoration case studies recovering from environmental crimes Across decades,


many local wildlife populations have been eradicated by poachers and habitat loss.
Conservation translocations, the deliberate movement of wildlife for the purposes of
conservation have helped protection and restoration of species. The IUCN Species Survival
Commission (SSC) Reintroduction Specialist Group (RSG) and Invasive Species Specialist
Group (ISSG) released in 2013 the IUCN “Guidelines for Reintroductions and Other
Conservation Translocations.”212-213 In the following, examples are brought to light of how
populations were either saved from extinction from poaching in the last final phases due to
dedicated efforts, or how they were lost during conflict or post-conflict periods where
organized crime thrived, but yet later reintroduced.214-216

Coordination of efforts This report illustrates that organized crime is increasingly


involved in environmental crimes and threat finance, the latter well recognized recently also
by the UNSC in resolution S/RES/2195 (2014). The report also shows that criminals are
becoming more advanced shifting from one wildlife species to another, from smuggling ozone
depleting CFC and shifting to HCFCs as this market emerge, shift from regular VAT fraud to
carbon credit fraud as the carbon credit market emerged, and shift to laundering illegal tropical
timber through pulp and paper when customs target round logs or furniture and adopt a variety
of ”white collar” criminal methods including use of shell companies, tax havens, internet
hacking, dark webs and fraud. Natural resources such as minerals, gold, charcoal and timber
are exploited as new means of threat finance instead of drugs, diamonds and ivory. Criminal
networks also shift locations geographically at high rates to circumvent limited enforcement
efforts.

3. The issues.

Natural lawbreakers represent a grave danger to our regular daily existences, our
planet and to people in the future. Outskirts don't limit ecological wrongdoings, which run from
ivory trafficking and overfishing of ensured species, to unlawful logging and the dumping of
risky waste. Similar ways used to pirate wild life across nations and mainlands are frequently
used to traffic weapons, medications or drugs and individuals. For sure, environmental crime
regularly occurs with different offenses, such as, visa misrepresentation, defilement, tax
evasion and even homicide. In contrast to the unlawful exchange drugs and other illegal
products, common assets are limited and can't be recharged in a lab. All things considered,
there is a desire to move quickly to battle environmental crime.

Self-Help: You can also refer to the sources below to help you
further understand the lesson

Nellemann, C., Henriksen, R., Kreilhuber, A., Stewart, D., Kotsovou, M., Raxter, P., ... & Barrat, S.
(2016). The rise of environmental crime: a growing threat to natural resources, peace, development
and security. United Nations Environment Programme (UNEP).

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Let’s Check

Let us try the following activities to check your understanding in this unit.

Activity 1. True or False. In the space provided, write T if the given statement is true and F if
false. ( one point each).

1. Sharking is the act of removing fins from sharks and discarding the rest of the
shark.
2. Environmental crime is entirely endangering the ecosystem.
3. Proper enforcement and protective legislations helped the recovery of large brown
bear population in Europe.
4. According to research, dynamite fishing this is regarded as fourth largest illegal
business in the world by the INTERPOL.
5. ISIS or Da’esh is an organized crime that is heavily involved in trafficking of oil and
antiques.
6. An individual animal, plant, or single-celled life form is called species.
7. Pangolins are one of the most trafficked animals in Africa for fraudulent medicines.
8. UNEP Governing Council’s (GC) Decision 27/9 is the first internationally negotiated
document to establish the term “environmental rule of law”.

9. In animal trafficking, the more the endangered the species is, the higher the price for it.

10. Illegal logging is the main cause of finning.

Activity 2. Identification. In the space provided, write the term/s being asked in the following
statements: (One point each)

_____________1. Species hat is seriously at risk of extinction.


_____________2. A category of transnational, national, or local groupings of highly
centralized enterprises run by criminals who intend to engage in illegal activity, most
commonly for money and profit.
_____________3. Means wild forms and varieties of flora and fauna, in all developmental stages,
including those which are in captivity or are being bred or propagated.
_____________4. Refers to species or subspecies that is not critically endangered nor
endangered but is under threat from adverse factors throughout their range and is likely to move
to the endangered category in the near future.
_____________5. It is where the first IUCN World Environmental Law Congress convened
_____________6. A task force of the Interpol that brings together police, customs,
environmental agencies, prosecutors, non-governmental organizations and
intergovernmental partners to focus environmental crime fighting efforts on the networks
and crimes that particularly affect a country.
_____________7. A global operation tackling the illegal trade in wildlife and timber by the
Interpol.
_____________8. This operation targeted ivory trafficking in Africa and resulted in 376
arrests and the seizure of 4.5 tonnes of elephant ivory and rhino horn. We deployed
specialized teams to assist in the investigation of 25 criminal groups involved in the illicit
trade.
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_____________9. A group that devise strategies and initiatives for law enforcement to
combat these crimes on an international scale. The group initiates operations aimed at
capturing wildlife criminals, seizing poached items and dismantling the organized
networks responsible for wildlife crime.
_____________10. A powerful alliance of the Interpol to fight wildlife crime effectively. It
delivers determined and coordinated support to law enforcement, helping to deliver action
on the ground and bring criminals to justice.

Lets Analyze

Activity 1. Essay. Write a short answer. (five point each)


1. Describe about the effect of environmental crimes on social conditions of the world.
2. What will be the impact of illegal logging?
3. What would be your recommendations to combat

In a Nutshell
In this part you are going to write down what you have realized in this unit. The said
statement of yours could be in a type of conclusion, contentions, or point of view you have
drawn from this lesson. . I have indicated my arguments or lessons learned.

1._______________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
2._______________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
3._______________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
4._______________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
5._______________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
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_______________________________________________________________________

Q&A List
In this section you are going to list what boggles you in this unit. You may indicate
your questions but noting you have to indicate the answers after your question is being raised
and clarified. You can write your questions below.

Questions/Issues Answers
1.

2.

3.

4.

5.

Keywords Index

Fauna IUCN Law breaker

Flora Exploitation trafficking

Interpol trade finning

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Big Picture

Week 6-7: Unit Learning Outcomes (ULO): At the end of the unit, you are expected to

a. Explain the concept of Green Criminology and its aims.

Big Picture in Focus: ULOa. Be particular with the terms used in


Green Criminology. Understand its whole concept and
application to the field of criminology.

Metalanguage
The following are terms to be remembered as we go through in studying this unit.
Please refer to these definitions as supplement in case you will encounter difficulty in
understanding the basic concepts of environment.

Criminology. the scientific study of crime as a social phenomenon, of criminals, and of penal
treatment.
Green criminology. Is the analysis of environmental harms from a criminological perspective,
or application of criminological thought to environmental issues. On a more
theoretical level, it is interested in the social, economic, and political conditions
that lead to environmental crimes; on the philosophical level it is concerned with
which types of harms should be considered as “crimes” and therefore within the
remit of green criminology.
Environmental harm. is any adverse effect on an environmental value

Essential Knowledge
The following are the basic concept of environmental laws and protection and
investigation that may be useful for you to understand this field of expertise. The said concepts
might be confusing or difficult as a beginner but at the later part of this unit would be of great
help for you to understand the nature of its existence. Please note that you are not limited to
exclusively refer to these resources. Thus, you are expected to utilize other books, research
articles and other resources that are available in the university’s library e.g. ebrary,
search.proquest.com etc., and even online tutorial websites.

Green Crime. A.k.a Environmental crime –refers to crime against the environment and is
linked to globalization regardless of the division of the world into separate nation states the
planet is a single ECOSYSTEM.

Global Risk Society ( Beck, 1992). Most threats to human well-being and the eco-system are
no longer natural but human made. In our technological advances and our emphasis on ever
increasing productivity we have created now manufactured risks. Manufactured risks refers
to dangers we have never faced before e.g. global warming. The fact that many of these are
global rather than lacal in nature led ULRICH BECK to famously describe late modern society
as “global risk society” in 1992.

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Two views of Harm (White, 2008)

1. ANTHROPOCENTRIC VIEW. Assumes that humans have the right to dominate nature for
their own ends. Puts economic growth before the environment.

2. ECOCENTRIC VIEW. Sees humans and their environment as interdependent. What hurts
the environment also hurts humans. Sees both human and environment being exploited by
global capitalism

Note: Green criminology adopts ecocentric view

Evaluation of Green Criminology

STRENGTHS

1. Recognizes the growing importance of Environmental issues and the need to address the
harms and risk of environmental damage to human and animals.

2. Is transgressive - it considers acts and issues which are not defined as crimes but which
cause enormous harm.

WEAKNESS

1. By focusing on harm rather than legally defined crimes, it is hard to define clear boundaries
of its field of study.

2. It comes down to moral or political value judgments about which action are wrong not
objective research.

Traditional criminology versus Green Criminology


Traditional Criminology Green Criminology
Only concerned with illegal acts. More radical approach. Starts from notion
Only consider acts which contravene of harm rather than criminal law.
national and international environmental Many of the worst environmental harms
laws and regulations. are not illegal. Subject matter much wider
than traditional criminology.
It is a form of transgressive criminology- it
aims to broaden the boundaries of what
we consider crime to be. Because
different states have different laws the
same harmful act may be a crime in one
place but not another. By moving away
from legal definitions green criminology
gives a global perspective on
environmental harms. Like Marxist, he
argue that powerful interest, especially
nation states and TNC’S are able to
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define in their own interests what counts


and doesn’t counts as environmental
harm.

TYPES OF GREEN CRIME 1:

Primary Crimes- Crimes that result directly from destruction and degredation of the earth’s
resources.

1. Crime of Air pollution.

Evidence. Burning fossil fuels adds 3 million tons of carbon to atmosphere per year. This
contributes to global warming.

Criminals: government, business, consumers

2. Crimes of Deforestation

Evidence. 1/5 of tropical rainforest felled 1960-1990. In amazon to rear beef cattle for export.

Criminals. Governments, logging companies, consumers of burgers, McDonallds, Cattle


ranches

3. Crimes of Species decline and animal rights.

Evidence. 50 species a day becoming extinct. Trafficking in animals, abuse of animals.

Criminals. Illegal business, consumers, dog-fighters..

4. Crimes of water pollution

Evidence. 25 million die a year from drinking contaminated water. Marine pollution threatens
ocean reefs and species.

Criminals. Governments that discharge sewage, businesses that dump toxic waste, BP in the
Gulf of Mexico.

TYPES OF GREEN CRIME 2

Secondary Crimes- Crimes that are generated by ignoring rules aimed at preventing or
regulating environmental disasters.

1. State Violence against oppositional groups. States condemn terrorism but do it themselves.

2. Hazardous waste and organize crime. Safe and legal disposal of toxic waste from
chemical/nuclear industry is costly. Criminal entrepreneurs do it cheaper e.g. in Italy eco-
mafias

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Self-Help: You can also refer to the sources below to help you
further understand the lesson

Voigt, C. (Ed.). . Rule of law for nature: New dimensions and ideas in environmental law. Retrieved from
https://search.proquest.com/.legacydocview/EBC/1543643?accountid=31259

Lazarus, R. J. (2004). The making of environmental law. Retrieved from https://ebookcentral.proquest.com

Caldart, C. C., & Ashford, N. A. (2008). Environmental law, policy, and economics : Reclaiming the environmental
agenda. Retrieved from https://ebookcentral.proquest.com

Singh, Y. (2006). Environmental science. Retrieved from https://ebookcentral.proquest.com

Nurse, A. (2016). An introduction to green criminological theories. In An introduction to green


criminology and environmental justice (pp. 2-21). 55 City Road, London: SAGE Publications Ltd
doi: 10.4135/9781473971899.n1

Let’s Analyze
Let us try the following activities to know how deep your understanding about the
topics of this unit.

Activity 1. Write a short answer.

1. What is the importance of Green Criminology?

_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________

2. How do you understand type of harm under Ecocentric perspective?

_________________________________________________________________________
_________________________________________________________________________
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_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________

3. What do you think is the main focus of environmental criminology theory?


_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________

4. Why is green criminology important?

_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________

In a Nutshell
In this part you are going to write down what you have realized in this unit. The said
statement of yours could be in a type of conclusion, contentions, or point of view you have
drawn from this lesson. . I have indicated my arguments or lessons learned.

1._______________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
2._______________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
3._______________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
4._______________________________________________________________________
_________________________________________________________________________

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_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
5._______________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_______________________________________________________________________

Q&A List
In this section you are going to list what boggles you in this unit. You may indicate
your questions but noting you have to indicate the answers after your question is being raised
and clarified. You can write your questions below.

Questions/Issues Answers
1.

2.

3.

4.

5.

Keywords Index

Anthropocentric Green crime Manufactured risk

Ecocentric criminology transgressive

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Big Picture

Week 8-9: Unit Learning Outcomes (ULO): At the end of the unit, you are expected to

a. Be familiarized with the Philippine laws for the protection of the environment.

Big Picture in Focus: ULOa. Be particular with the terms used


in Green Criminology. Understand its whole concept and
application to the field of criminology.

Metalanguage
The following are terms to be remembered as we go through in studying this unit.
Please refer to these definitions as supplement in case you will encounter difficulty in
understanding the basic concepts of environment.

Law.A body of rules of conduct of binding legal force and effect, prescribed, recognized, and
enforced by controlling authority.

Prevention. the act of preventing environmental crimes to happen.

Green Crime. Green crime refers to crimes committed against the environment. The
investigation of green crime is the focus of "green criminologists

Essential Knowledge
The following are the basic concept of environmental laws and protection and
investigation that may be useful for you to understand this field of expertise.. Please note that
you are not limited to exclusively refer to these resources. Thus, you are expected to utilize
other books, research articles and other resources that are available in the university’s library
e.g. ebrary, search.proquest.com etc., and even online tutorial websites.

PHILIPPINE ENVIRONMENTAL LAWS

REPUBLIC ACT 9003 ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF


2000

In partnership with stakeholders, the law aims to adopt a systematic, comprehensive


and ecological solid waste management program that shall ensure the protection of
public health and environment. The law ensures proper segregation, collection,
storage, treatment and disposal of solid waste through the formulation and adaptation
of best eco-waste products.

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REPUBLIC ACT 9275 PHILIPPINE CLEAN WATER ACT OF 2004

The law aims to protect the country's water bodies from pollution from land-based
sources (industries and commercial establishments, agriculture and
community/household activities). It provides for comprehensive and integrated
strategy to prevent and minimize pollution through a multi-sectoral and participatory
approach involving all the stakeholders.

REPUBLIC ACT 8749 PHILIPPINE CLEAN AIR ACT OF 1999

The law aims to achieve and maintain clean air that meets the National Air Quality
guideline values for criteria pollutants, throughout the Philippines, while minimizing
the possible associated impacts to the economy.

REPUBLIC ACT 6969 TOXIC SUBSTANCES, HAZARDOUS AND NUCLEAR


WASTE CONTROL ACT OF 1990

The law aims to regulate restrict or prohibit the importation, manufacture, processing,
sale, distribution, use and disposal of chemical substances and mixtures the present
unreasonable risk to human health. It likewise prohibits the entry, even in transit, of
hazardous and nuclear wastes and their disposal into the Philippine territorial limits
for whatever purpose; and to provide advancement and facilitate research and studies
on toxic chemicals.

PRESIDENTIAL DECREE 1586 ENVIRONMENTAL IMPACT STATEMENT (EIS)


STATEMENT OF 1978

The Environment Impact Assessment System was formally established in 1978 with
the enactment of Presidential Decree no. 1586 to facilitate the attainment and
maintenance of rational and orderly balance between socio-economic development
and environmental protection. EIA is a planning and management tool that will help
government, decision makers, the proponents and the affected community address
the negative consequences or risks on the environment. The process assures
implementation of environment-friendly projects.

Environmental law exists at international, national, State, and local levels. In June 6, 1977 The
Philippine Environmental Code (PD 1152) took effect with a purpose achieving and maintaining
such levels of air quality as to protect public health; and to prevent to the greatest extent
practicable, injury and/or damage to plant and animal life and property, and promote the social and
economic development of the country and any other laws related to the protection of the
Environment.

Green criminology addresses forms of crime that harm the environment but are often ignored in
criminological research. Green crimes cause both direct and indirect forms of harm, the former of
which affect the ecosystem and the latter a consequence of direct harms. Compared to criminal
harms, green crimes and harms are much more widespread. Policies intended to control crime

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and address biases in law and law enforcement must incorporate green criminology in order to
reduce environmental pollution.

Environmental Code of the Philippines covers titles such as:

1. Air Quality Management


AIR QUALITY PRINCIPLES Section 1. Air Quality Principles (IMPLEMENTING
RULES AND REGULATIONS FOR RA 8749)

a) The State shall promote and protect the global environment to attain sustainable
development while recognizing the primary responsibility of local government units to
deal with environmental problems.

b) The State recognizes that the responsibility of cleaning the habitat and environment
is primarily area-based and that air quality management and control is most effective
at the level of airsheds.

c) The State recognizes the principle that “polluters must pay” and the important role of
economic instruments in air quality management and control.

d) The State recognizes that a clean and healthy environment is for the good of all and
should therefore be a concern of all.

2. Water Quality Management


3. Land Use Management
4. Natural Resources Management and Conservation
5. Waste management

Self-Help: You can also refer to the sources below to help you
further understand the lesson

Voigt, C. (Ed.). . Rule of law for nature: New dimensions and ideas in environmental law. Retrieved from
https://search.proquest.com/.legacydocview/EBC/1543643?accountid=31259

Lazarus, R. J. (2004). The making of environmental law. Retrieved from https://ebookcentral.proquest.com

Caldart, C. C., & Ashford, N. A. (2008). Environmental law, policy, and economics : Reclaiming the environmental
agenda. Retrieved from https://ebookcentral.proquest.com

Singh, Y. (2006). Environmental science. Retrieved from https://ebookcentral.proquest.com

Nurse, A. (2016). An introduction to green criminological theories. In An introduction to green


criminology and environmental justice (pp. 2-21). 55 City Road, London: SAGE Publications Ltd
doi: 10.4135/9781473971899.n1

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Let’s Check

Let us try the following activities to check your understanding in this unit.

Activity 1.ENUMERATION. ( one point each).Enumerate the list of environmental laws of the
Philippines.

1. ______________________________
2.______________________________
3.______________________________
4. ______________________________
5.______________________________
6.______________________________
7. _____________________________
8.______________________________
9.______________________________
10.______________________________
11.______________________________
12______________________________
13_____________________________
14.______________________________
15._______________________________
16. ______________________________
17.______________________________
18._______________________________
19.______________________________
2.0______________________________

Activity 2. Essay. Answer briefly.

1. Explain the environmental effects of mining.

__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
___________________________________________________-
_________________________________________

2. What do you think are the possible means of controlling Environmental crimes?

__________________________________________________________________________________
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__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
________________________________________________-
_________________________________________

3. Provide two laws that might apply to working effectively in combatting environmental crimes.
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________

4. How would you describe the efforts being taken by our government to help combat illegal mining and
soil pollution?

__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________

In a Nutshell
In this part you are going to write down what you have realized in this unit. The said
statement of yours could be in a type of conclusion, contentions, or point of view you have
drawn from this lesson. . I have indicated my arguments or lessons learned.

1._______________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
2._______________________________________________________________________

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_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
________________________________________________________________________
3._______________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_
4._______________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
5._______________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_______________________________________________________________________

Q&A List
In this section you are going to list what boggles you in this unit. You may indicate
your questions but noting you have to indicate the answers after your question is being raised
and clarified. You can write your questions below.

Questions/Issues Answers
1.

2.

3.

4.

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5.

Keywords Index

Toxic Small scale mining Air quality

Waste Soil pollution land

Water quality substance extinct

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