Green Corporate Leadership (GrCL) to Improve Enforcement on Criminal Liability of Non-Legal Entity Corporations for Environmental Pollution and Destruction

Abstract

The environmental pollution and destruction by non-legal entity corporations normally occurs in the context of business operations, and is a consequence of the authority or business owner’s failure to fulfill or negligence in performing their obligations to preserve the environment. The authority or business owners for their approach to lead the business operation shall bring about an interesting discussion with regard to enforce criminal liability of green issues. This study needs to highlight how the enforcement shall conduct to the non-legal entity corporations despite of by corporation or by individual. In addition, this study also argues how the green leadership shall in balance to build the green practice within value by corporate and leadership (GrCL). In addition, GrCL also integrated to the Environmental and Protection and Management (EPM) that has regulated the criminal liability of non-legal entity corporations for engaging in environmental pollution and destruction. However, EPM in practice is still difficult to prove the causality between problems in the business structure and the concrete behaviors or acts committed. Therefore, a new approach by having GrCL shall bring a comprehensive discussion not only by law but also by real implementation.