What environmental law is concerned? serves to incorporate environmental variables into social and economic development, but in a qualitative, not quantitative. That means introducing compulsory in production systems without environmental controls to produce additional damage. Nature has always had the innate ability to recover and repair themselves more or less time. So, where environmental law is to serve address all activities that irrevocably mortgaged spontaneous recovery of nature. There are laws to act. How
laws can stop the economic and industrial progress?
What has come to determine is that if we continue with this production model insensitive to the natural conditions, it is possible that there is no guarantee that this level of development can be continued in future generations. So we speak of a rational and sustainable. It is used in certain areas of environmental law as a kind of strategy created to prevent economic progress. Many people have this idea of \u200b\u200bfocus, that environmental law is a hindrance to economic activities and, therefore, uses the flag extremist. And that's not true.
How are these concepts in the region?
Latin America is no stranger to the international mainstream, but given the fact that it has a very unique biodiversity in some areas like the Amazon ultrasensitive, which coincides have natural resources and basic goods value, an invaluable addition living in countries struggling for social and economic development.
Some take environmental law as a new ideology. There
use desviadísima scenarios of environmental law to avoid ideological linked to economic progress and that does not work. It is not an ideology, not economic development is valid point, and environmentalism is valid in the extreme terms that concern us. Manichean positions are two that present and future environmental law and to the laws of many European countries are not accommodated.
And in Peru how we in the legal aspect?
have the best legal tools, such as the Environment Act and the Constitution, considering the environment as a fundamental right, and that has major practical consequences, including access to certain constitutional challenge mechanisms offenses are violations to the environment or environmental.
But that is resolved through a cumbersome judicial process ...
No. There is a tool that could be applied to overcome the problems that arise on the environment and economic development in places like the Amazon: Environmental arbitration. In the U.S. many cases are resolved through arbitration, where the law itself requires that before carrying out a productive activity necessarily required to submit to arbitration. FUTURE ENVIRONMENTAL
What is the U.S. role in environmental law?
They have created the environmental impact assessment, national parks, eco-labeling and eco-management. Trade have created substances emission of greenhouse gases that are put in place in Kyoto. Therefore, from the point of view of the creation of systems of environmental liability, USA is well advanced. And these tools have been transferred to international agreements and national laws there.
Why not join the Kyoto Protocol?
is something different, because the environmental issue can not be conceived in a unilateral, must be in communion with the economic and social development. Find a meeting is often very delicate. U.S. believes that signing Kyoto is an arrest of the process of industrial development and viable economic scenarios, taking into account, above all, there are emerging that do not have any interference from any environmental nature such as China and India, they are getting growth rates noticeable.
"The Copenhagen summit was a failure?
could do so, but it is a success to consider in the environmental issue of global market innovative mechanisms for the protection of the ecosystem. It will introduce an element environmental economic interest for companies if they produce or emit greenhouse gases can sell in the market. In Copenhagen and other conferences and do not talk about environmental law, but of economics.
Name: Junceda Javier Moreno.
Nationality: English .
Age: 42.
Profession: Lawyer .
Path: Commentator environmental law and land law. He has published books on environmental and administrative law.
Source: El Comercio
