Identificación de normas de cumplimiento obligatorio para la aplicación efectiva de los principios preventivo y precautelatorio en el derecho ambiental en el Ecuador

Abstract:

During the past few years Environmental Right has acquired enough importance in the world. It is in the Conference of Stockholm held in the year of 1972, where the nations of the world give account of the necessary of implementing measures oriented to care the environment in order to reach a sustainable development. Thus we arrived at the Conference of Rio de Janeiro where the principles of prevention and precaution arise as those in which all national environmental legal orderings must be based on. Environmental principles were included in the legal ordering of Ecuador in the year of 1978, in which the Constitution mentioned several principles established in some of the International Agreements. Thus the national norm was evolving and applying those principles stated in several international treaties of the matter, Ecuador needed to create a new legal ordering destined to the protection of the environment. The main axis of this document is the search and analysis of the most important norms regarding to Environmental Right in Ecuador, in which the principles of prevention and precaution are mentioned. Its also important to understand the correct application in the Ecuadorian system of the precautionary and prevention principles. Since the analysis of the legal norms started form international treaties (or soft law) and then, following Kelsens pyramid, the Constitution, laws and executive decrees, the deductive method is being used in the elaboration of this document. Once the norms where identified an analysis of each one of them was conducted

Año de publicación:

2015

Keywords:

• Ley Organica
• GESTION AMBIENTAL
• Medio Ambiente
• DERECHO AMBIENTAL

Fuente:

rraae