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Copyright of Justicia (0124-7441) is the property of Universidad Simon Bolivar and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Gestión y Ambiente is the property of Universidad Nacional de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Pensamiento Jurídico is the property of Universidad Nacional de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Pensamiento Jurídico is the property of Universidad Nacional de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Temas Socio-Jurídicos is the property of Universidad Autonoma de Bucaramanga, UNAB and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article analyzes the situation of the most important instrument of command and control existing in the Colombian environmental legislation: the environmental license. Since its first formal regulation, on behalf of Decree 1753 of August 3, 1994, has received several modifications which, apparently, have made, in spite of its importance, in an instrument of command and control by exception. The article revises on the scope of each of the modifications and the justifications put forward by the government of the day, to establish if indeed they were founded on strict gains against the control of environmental impacts from projects, works or activities, or if, on the contrary, the changes correspond to other outside interests to strict environmental control. [ABSTRACT FROM AUTHOR]

This essay analyzes the ban established by the Decree 0934 of 2013 issued by the Ministry of Mines and Energy, relievingterritorial authorities from its jurisdiction to regulate mining activities directly or indirectly. The scope of this tudy is limited to the restrictions arising on precautionary principle, the democratic principle, the exercise of public functions and public policy prevention based on the case of self-proclaimed non-mining districts in Colombia. This illustrates a disagreement over the development model chosen at the territorial and national level. The last gives priority to mining activity which injuries the environment and health, despite local social rejection. This text shows how this policy contradiction is reflected by the restriction of local authorities' jurisdiction by the central government, triggering failures in the structure of the state and substantial deficiencies of performance of administrative law's principles. [ABSTRACT FROM AUTHOR]

Preventive measures provided in the environmental sanction system are a type of cautionary measures set forth in the Colombian legal system, but having some specific characteristics of their own application field: environmental law. This article is an approach to content, scope, background, and justification of environmental preventive measures from the administrative law point of view and as a manifestation of one of the executive branch functions: preservation of public order. [ABSTRACT FROM AUTHOR]

This paper is the product of the research regarding the study of Environmental Law in the undergraduate Law Studies course at Javeriana University Law School. After pondering the subject of the collective right to the environment in the Colombian legal system, the historical origins and consequences are considered, as well as the considerations for the environmental protection resulting from the collective right to a healthy environment from the Colombian Constitution of 1991. After analyzing the actual protection given by judicial decisions, this paper concludes with the way in which protecting the environment contributes to the consolidation of the human dignity. [ABSTRACT FROM AUTHOR]

This article is the first result of doctorate studies made by the author and it consists in the outlining of the research problem, with a first hypothesis that is still not developed in this paper. The author studies the difficulties of reconciling environmental and commercial law. To do so, he has chosen precautionary principle and commercial contracts, both in Colombian law, to demonstrate that the concept of collective damages is the key element to achieve that goal of harmonization. [ABSTRACT FROM AUTHOR]

This article shows a brief study on the acceptance of the Governance concept in Colombia, as well as its use in the existing environmental policies and internal research. This article is specifically focused on the need for studying the influence of the term on the environmental administrative law from the importance other legal systems have given to it. In Europe, governance is understood as the ideal governing model for managing environmental issues. [ABSTRACT FROM AUTHOR]

As a solution to face the phenomenon of Constitutionalisation of Private Law, the author proposes to understand Commercial Law as a Constitutional Fragment, according to the concept used by GUNTHER TEUBNER. This proposal is the result of studies about the juridical protection of the environment in Colombian Commercial Law. The conclusion of the article is that, due to the difficulties to combine the different discourses of Commercial Law and Environmental Law, it is necessary to rethink the contents of Commercial Law from inside, in order to realize the idea of unitas multiplex or unity in diversity and diversity in unity in the Law discourse. [ABSTRACT FROM AUTHOR]