Abstract

MANTECON, Cecilia Lucía. Effectiveness of the Amparo Action in Environmental Matter from its Inclusion in the National Argentine Constitution. Bol. Mex. Der. Comp. [online]. 2019, vol.52, n.155, pp.939-968.  Epub Feb 28, 2021. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2019.155.14952.

By the way of the 1994 constitutional amendment, Argentina introduces third generation rights to its legal system. Article 41 sets forth the right to a healthy environment, and article 43 establishes the amparo action for the referred right. The purpose of this work is to assess the judicial cases on environmental conflicts that have arisen in Buenos Aires province’s coasts, and the citizens’ participation in such cases. As a result, it was noted that courts rule in favor of the environment, using the general principles of environmental law and with no specific coastal regulations. However, the lack of specific regulations causes these resolutions to be obtained after litigating in the different judicial instances. It also shows a low level of litigation, which is inconsistent with the high deterioration suffered by coastal areas.

Keywords : Environmental Law; Buenos Aires Coasts; Environmental Conflict; Environmental Amparo.

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