This article relates to contemporary topic, deals with subsoil use crimes and explores this as a subtype of environmental crimes committed by transnational corporations discussing the importance of choosing proper jurisdiction, and examines crimes in the field of subsoil use as a specific component of environmental crimes committed by transnational corporations involved in resource extraction and mining across the world. Their environmental harm, contribution to poverty and unfair utilization of resources is driven by greed and lure, and has long been heavily protected by legal jurisdictional cover-ups, which are now under scrutiny due to the globally evolving trend of exercising extraterritorial jurisdiction over certain torts committed by extractive industry operators.

Appropriate criminological theories and studies of general and green criminology along with environmental justice are reviewed and reflected on. The author refers to unfair correlation of natural wealth and poverty, comes across the Brantinghamian definition of “crime” before turning to Sutherland’s conception of white-collar crime. The article also presents content analysis and case studies of the undergoing litigations, namely the case of Trafigura and Royal Dutch Shell.In concluding notes suggestions are offered for the future of environmental justice and the prevention of environmental crimes in extractive industries and mining.

Bibliography

Authored books

1. Blackburn D, Removing Barriers to Justice. How a Treaty on Business and Human Rights could Improve Access to Remedy for Victims (SOMO 2017) (in English).

2. Brantingham P J and Brantingham P L, Environmental Criminology (Waveland 1991) (in English). 3. Gottschalk P and Gunnesdal L, White-Collar Crime in the Shadow Economy (Palgrave Pivot 2018) (in English).

4. Siegel L, Criminology: Theories, Patterns, and Typologies (12th ed, Cengage Learning 2014) (in English).

5. Sutherland E, White-Collar Crime: The Uncut Version (Yale University Press 1983) (in English). 6. White R, Transnational Environmental Crime: Toward an Eco-Global Criminology (Routledge 2011) (in English).

Journal articles

7. Apel R and Pogarsky R and Bates L, ‘The Sanctions-Perceptions Link in a Model of School-based Deterrence’ (2009) 25 Journal of Quantitative Criminology 203 (in English).

 8. Blanco E and Pontin B, ‘Litigating Extraterritorial Nuisances under English Common Law and UK Statute’ [2017] 6 (2) Transnational Environmental Law 285–308 (in English).

9. Bratspies R, ‘Corrupt at its Core: How Law Failed the Victims of Waste Dumping in Côte d’Ivoire’ [2018] 43 (2) Columbia Journal of Environmental Law 417–73 (in English).

10. Croall H, ‘Who Is the White-Collar Criminal?’ [1989] 29 (2) The British Journal of Criminology 157–74 (in English).

11. Dhami M, ‘White-Collar Prisoners’ Perceptions of Audience Reaction’ (2007) 28 Deviant Behavior 57–77 (in English).

12. Enneking L, ‘The Future of Foreign Direct Liability? Exploring the International Relevance of the Dutch Shell Nigeria Case’ [2014] 10 (1) Utrecht Law Review 44 (in English).

13. Ericsson M and Löf O, ‘Mining’s Contribution to Lowand Middle-income Economies’ (2017) 148 WIDER Working Paper 6 (in English).

14. Lynch M and Stretesky P and Long M, ‘Environmental Justice: A Criminological Perspective’ (2015) 10 Environmental Research Letters 1–6 (in English).

15. Price M and Norris D, ‘White-Collar Crime: Corporate and Securities and Commodities Fraud’ [2009] 37 (4) Journal of the American Academy of Psychiatry and the Law 538–44 (in English).

16. White R, ‘The Four Ways of EcoGlobal Criminology’ [2016] 6 (1) International Journal for Crime, Justice and Social Democracy 8–22 (in English).

Newspaper articles

17. Murphy P, ‘Trafigura execs released after Ivory Coast deal’ Reuters (14 Feb 2007) <https://www.reuters.com/article/us-ivorycoast-toxic-release/trafigura-execs-releasedafterivory-coast-deal-idUSL1461558720070214> (accessed: 23.03.2020) (in English).

18. ‘Oil company that “poisoned 100,000 with toxic waste” is fined £830,000’ Daily Mail (24 July 2010) <https://www.dailymail.co.uk/news/article-1297186/Dutch-oilcompanyfined-1m-Euros-toxic-waste-killed-16-people-100-000-ill.html> (accessed: 23.03.2020) (in English).

19. Payne J and Falush S, ‘Shell to pay out $83 million to settle Nigeria oil spill claims’ Reuters (7 January 2015) <https://www.reuters.com/article/us-shell-nigeria-spill/shelltopay-out-83-million-to-settle-nigeria-oil-spill-claims-idUSKBN0KG00920150107> (accessed: 23.03.2020) (in English).

20. ‘Shell oil spills in the Niger delta: Nowhere and no one has escaped’ The Guardian (3 Aug 2011) <https://www.theguardian.com/environment/2011/aug/03/shell-oil-spills-nigerdeltabodo> (accessed: 23.03.2020) (in English).

21. Shirbon E, ‘Nigeria’s Bodo community claims win over Shell after latest UK court ruling’ Reuters (24 May 2018) <https://www.reuters.com/article/us-shell-nigeriaspill/ nigerias-bodo-community-claims-win-over-shell-after-latest-uk-court-rulingidUSKCN1IP2SP> (accessed: 23.03.2020) (in English).

Conference papers

22. Riley C and Akanmidu O, ‘Making Parent Companies Pay for the Sins of their Subsidiaries’ in Diverse participation and great atmosphere at Dynamics of Inclusive Prosperity Conference, 29–30 November 2018 in Rotterdam <https://www. doipconference.com/Portals/176/Riley.pdf?ver=2018-12-11-161009-173> (accessed: 23.03.2020) (in English).

Websites

23. Zerk Jennifer, ‘Corporate liability for gross human rights abuses: towards a fairer and more effective system of domestic law remedies’ (A report prepared for the Office of the UN High Commissioner for Human Rights) <http://www.ohchr.org/Documents/ Issues/Business/DomesticLawRemedies/StudyDomesticeLawRemedies.pdf> (accessed: 23.03.2020) (in English).

 24. ‘Treasure or Trouble? Mining in Developing Countries’ (The World Bank Group Department) <http://www.worldbank.org/ogmc/files/treasureortrouble.pdf> (accessed: 23.03.2020) (in English). 25. ‘Shell fails in High Court bid to halt Nigerian community’s legal fight over cleanup’ (Leigh Day, 29.05.2018) <https://www.leighday.co.uk/News/News-2018/May2018/Shell-fails-in-High-Court-bid-to-halt-Nigerian-Com> (accessed: 23.03.2020) (in English).