Search

At the intersection between sociology, anthropology and law, this article analyses the various legal instruments for the protection of the natural environment in Colombia. In their application, these instruments have produced a range of conflicts, stemming from ecosystem conservation strategies, legal complexity and disregarded social realities. Based on the analysis of the situation in the Ciénaga Grande de Santa Marta, the paper argues that the interaction of the different environmental protection and conservation measures is generating a tension between guaranteeing protection for human rights, people's well-being and the ecosystems themselves. [ABSTRACT FROM AUTHOR]

This article studies the recognition of Río Atrato as a subject of rights through Judgment T-622-16 of the Constitutional Court, in a case without precedent in Colombian Law. To contextualize this jurisprudential milestone, the authors argue that the current regulations failed to protect the biodiversity and related rights of the inhabitants of the areas near the Atrato River. The methodology involved an analysis of the jurisprudential line of the judgments that preceded the case analyzed, as well as the study of theoretical postulates and current environmental regulations from an analytical-deductive approach. As results, the authors present the first jurisprudential line of the Río Atrato judgment, supported by their own reflections that demonstrate the birth of a new stage of environmental law in Colombia. [ABSTRACT FROM AUTHOR]

Copyright of CIVILIZAR: Ciencias Sociales y Humanas is the property of Universidad Sergio Arboleda 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 Revista Juridicas is the property of Universidad de Caldas 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 Prolegómenos Derechos y Valores is the property of Prolegomenos Derechos y Valores 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.)

The present article exhibits the tension that exists between the principle of impartiality and the integral control that realizes the State over special activities. In order to achieve this, it will be exposed the case of the companies of the social-support sector providing domestic public utilities, companies that must give account to the Superintendencia de Servicios Públicos Domiciliarios, both for the actions realized in favor of its corporate purposes, and also for those administrative and contractual. The methodological strategy used on this research, begins from the study of the Law sources --constitutional law, law, doctrine, jurisprudence, and overall the related law system-- to, consequently, in an empirical manner, obtain unknown consequences, based on known normative precepts. In the end, we can conclude that though the regulations and legal decisions regarding present control prohibition must be complied, such were limited to issue regulations' comparisons, ruling out principles praising. Meaning, it was not the convenience of the regulation that was studied, but rather, its content, which leads us to insist on how extremely detrimental it is for the public utility sector that the Home Public Utility Superintendence (Superintendencia de Servicios Públicos Domiciliarios) takes over supervision and integral control of the summoned. [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]