Propuesta para la creación de tribunales de justicia en materia ambiental en el Ecuador tomando como referencia modelos Latinoamericanos, estadounidense y Neozelandes.

Abstract:

The objective of investigation is the analysis of the comparative law in order to reach a proposal to establish courts of justice in environmental matters in the Republic of Ecuador. The definition of the end comparative law that is used in the research is taken from Dr. Fernandez de Cordoba the unification of law in the world and it is the basis of the research, relating the Common Law Anglo-Saxon systems, and Romanists Latin-American Systems seeking a consensus in the forms and systems of environmental protection. An analysis of the guiding principles of environmental law and its application in Ecuador is made, as well as its historical development - in an international level as well as national- based on environmental concepts since ancient times, the social and primitive thought of this concept until the advancement of this theory itself accordingly with the evolution of human social organizations, until the juridical thought in later centuries and currently. Preventive and precautionary principles and its relation with the environmental impact and damage are also studied. Following these principles, procedural and constitutional norms prevailing in the country are covered, an analysis of the judicial and administrative management of the country in the environmental area, and eventually relating foreign and national jurisprudences about environmental management, and a brief reference to Latin-American systems that have created viable environmental courts, and the various solutions that Anglo-Saxon countries of the Common Law have achieved, their systems and mechanisms for environmental damage within their jurisdictions. A solution and recommendation is made parting from the parameters previously mentioned, taking into account the actual processes of creation of courts in Ecuador, and reaching a proposal of a professional, technical, unquestionable system that decides specifically the environmental management in Ecuador.

Año de publicación:

2015

Keywords:

• DERECHO AMBIENTAL
• Proteccion Ambiental
• derecho comparado
• TRIBUNAL AMBIENTAL

Fuente:

rraae