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Medio ambiente, Derechos Humanos y proceso. El rol jurisdiccional en materia ambiental en el Uruguay.
- Source :
-
Revista de Derecho (15105172) . 2022, Vol. 21 Issue 41, p179-249. 71p. - Publication Year :
- 2022
-
Abstract
- The article analyzes the relationship between the environment, human rights, and the judicial process in Uruguay. It highlights the existence of a legally and constitutionally supported human right to a healthy environment. Relevant cases of comparative law are mentioned, emphasizing the importance of having trained judges to protect this right. The principles of environmental law, such as prevention and citizen participation, as well as environmental impact assessment and sustainable development, are also discussed. The protection of the environment in the Uruguayan Constitution is mentioned, and Article 47, which establishes the protection of the environment as a general interest and creates a mixed legal situation for inhabitants in relation to environmental protection, is analyzed. The article discusses the importance of international cooperation in the field of the environment, mentioning the existence of non-binding and binding legal instruments in international environmental law. The conferences and resolutions of the UN related to the environment are also highlighted, as well as the Sustainable Development Goals established in the 2030 Agenda. The importance of conferences on climate change, such as COP1997 in Kyoto and the Paris Agreement, is mentioned. Additionally, the protection of the environment in Uruguay, the responsibility of the State in its preservation, and the existence of an environmental public order are addressed. Judicial cases related to activities causing negative environmental impacts and the need to demonstrate the damage caused to take legal action are mentioned. A lawsuit filed by the company SALUS against the State of Uruguay for authorizing mining activities that could harm its natural water source is also mentioned. The article highlights the importance of environmental law, the relationship between human rights and the environment, and the need for adequate legislation for collective processes in environmental matters. Additionally, a list of bibliographic references related to the topic is provided. [Extracted from the article]
Details
- Language :
- Spanish
- ISSN :
- 15105172
- Volume :
- 21
- Issue :
- 41
- Database :
- Academic Search Index
- Journal :
- Revista de Derecho (15105172)
- Publication Type :
- Academic Journal
- Accession number :
- 158645022
- Full Text :
- https://doi.org/10.47274/DERUM/41.8