Thursday, November 17, 2022
Sarah Kendall and Brendan Walker-Munro (University of Queensland - T.C. Beirne School of Law and University of Queensland - T.C. Beirne School of Law) have posted Environmental Damage as a Threat to National Security: Australia's Legal Vulnerability to Enviro-Terrorism and Enviro-Sabotage (Forthcoming, Public Law Review) on SSRN. Here is the abstract:
This article examines whether Australia’s domestic criminal laws effectively address the threat of environmental damage that is intended to undermine our national security. It focuses on two specific types of conduct – enviro-terrorism (destruction of the natural environment to further the political and/or ideological agendas of terrorist organisations) and enviro-sabotage (damage to the environment caused by foreign powers seeking to harm Australia’s national security). Through an analysis of Australia’s federal sabotage offences, state and territory sabotage offences and crimes under environmental protection legislation, the article shows that Australia’s domestic laws fail to adequately protect Australia’s diverse and irreplaceable natural environment from deliberate attack by terrorists or foreign powers. The article concludes by making recommendations for law reform to better protect Australia’s natural environment from attacks intended to undermine our national security.