Análisis jurídico y comparado sobre las sanciones a los daños ambientales causados por la actividad minera
With my thesis entitled: "Legal and comparative analysis of sanctions for environmental damage caused by mining activity." I did it because since I was little, I worked in the mines, and, as a future professional in law, it is my desire to be a Professional in Mining Law. First, ca...
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| Hlavní autor: | |
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| Médium: | bachelorThesis |
| Jazyk: | spa |
| Vydáno: |
2023
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| Témata: | |
| On-line přístup: | https://dspace.unl.edu.ec/jspui/handle/123456789/27917 |
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Přidat tag | Shrnutí: | With my thesis entitled: "Legal and comparative analysis of sanctions for environmental damage caused by mining activity." I did it because since I was little, I worked in the mines, and, as a future professional in law, it is my desire to be a Professional in Mining Law. First, carry out a thesis project, the same one whose fundamental objective is "to carry out a doctrinal, legal and comparative study on the sanctions for environmental damage caused by mining activity", in which three specific objectives are developed: Analyze the sanctions to environmental damage, produced by mining activity in Ecuadorian and comparative legislation; Establish causes and consequences of environmental damage in mining activity in Ecuador and the third specific objective is to establish a proposal for law reform, which I take as a basis to propose the hypothesis: "The lack of sanctioning regulations in the Mining Legislation when an environmental damage occurs, it has caused damage to nature and therefore a violation of constitutional rights.” Among the main problems that are presented by the mining activity are the contamination of nature, as well as the destruction of the earth's crust, which brings about the contamination of the waters, and, therefore, the destruction of the flora and fauna not only where the mining activity is carried out, but up to many kilometers after the mine. Nearby human populations are also the most affected in their human health. The Mining Law with 158 articles, in its Chapter II called on the preservation of the environment art. 78, establishes "submit environmental studies or documents, to prevent, mitigate, control and repair the environmental and social impacts derived from their activities" (2021. Mining Law). But said regulation does not establish the procedure and sanctions to be followed in case of environmental disasters. The Regulation to the Mining Law establishes in its art. 103 precautionary measures in case of violation of the law, but it has shortcomings in case of environmental disasters resulting from mining exploitation, which does not bring the payment of damages in these cases, consequently it means that the damages are not compensated. damages caused by mining extraction. In the present investigation, materials and methods were applied through which the investigation was developed, in which I carried out surveys and interviews with professionals and experts of Mining Law, thanks to these results I have been able to analyze and propose the legal reform project to the Mining Law in order to incorporate a regulation that establishes a stronger pecuniary sanction in order to safeguard the rights of nature and society in general. |
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