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In this paper develops the fields of social market economy regarding the constitutional protection of the healthy and balanced environment. It also raises the challenges of public and private investment in relation to extractive industries located in Peru. [ABSTRACT FROM AUTHOR]

In the United Nations conference on environment and development, signed the Convention on Biological Diversity, which obliges the signatory States to combat the extinction of species throughout the world. Its executive secretary said: "the services that nature offers us are free, but the man has a deep unconscious of what he represents their destruction [...] If humanity does not brake to the degradation of biodiversity, the legacy for future generations will be mortgaged [...] must have the courage to look our children in the eye and admit failure [...] admit that we continue losing biodiversity at an unprecedented pace, we are mortgaging their future". Words that initialed by premonitions future about the treatment of the extinction of a large part of the existing biodiversity, that if we do not a treatment, their destruction would speed up and we would be going against the new scheme of sustainable development. In this paper, I analyze and discuss from the perspective of social rights, environmental, and economic, compliance with subparagraphs (c) and (d) of article 10 of the said convention in the native communities of the Peruvian Amazon, an area of permanent armed con ict between the Peruvian State and the native communities. The work consists of six parts. The first explains the legal framework and jurisprudence; the second covers the methodology, and will draw attention to the method and the approach of hypotheses; the third the theoretical framework, the geographical framework and the gathering of information; The fourth on analysis and interpretation; in the fifth set out an analogy with some of the results of the European Union and countries of south America; in the sixth part formulates some conclusions and new perspectives for the future. [ABSTRACT FROM AUTHOR]

This article takes us through the development of environmental law and the victories he has achieved in a long journey to start being part of national political agendas of countries and a global concern. Also leads us to analyze the different recognition elements necessary for success in environmental protection, in terms of environmental law implementation is efficient and effective. Thus reading the article leads us down the path of recognizing situations and elements necessary for the triumph of environmental law. The first, the consideration that this branch of law gets treatment as a human right which allows the category and gives the treatment it deserves. The second key element recognized as environmental law is the absolute principle of sustainability as rector of environmental policies, which should be based on an economic analysis, political, social, cultural and ecological decisions based on ethics. At the same time, the analysis is performed by Otis Duncan developed over the sustainability of a community, which according indicates lies in the interrelationship between population elements, social organization, environment, technology and social aspirations. The third element is the understanding of a solid legal framework or regulation, the fourth element is the implementation of the judiciary which is the enforcement of the rules, in this case environmental. The transversability in the design and implementation of environmental standards is the fifth and the sixth element, not least, the existence of a democratic basis of respect for the institutions and the proper use of democratic means. [ABSTRACT FROM AUTHOR]