Abstract

For preventing green crimes and environmental harms, laws and regulations need to be implemented on the ground. This chapter seeks to compare law-on-the-books and law-in-action in order to provide some explanations of the factors that influence the translation of law into practice. The chapter takes on the issue of artisanal and small-scale gold mining (ASGM) in the Madre de Dios region of Peru to illustrate how legal ambiguities regarding the government’s response to green crimes can undermine the successful implementation of the law. The argument presented is premised on the analysis of Peruvian legislation, direct observation of mining sites, and interviews with key informants from local government agencies and mining organizations. The analysis provides a thorough review of the key factors that influence policy implementation against green crimes, which contributes to the body of literature on green criminology by explaining the complex processes of translating law into action.

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