Humedales y cambio climático: análisis técnico, jurídico, y comparativo del fallo SC118-2018 Thesis

short description

  • Master's thesis

Thesis author

  • Bernal Perdomo, Carlos Felipe
  • Cofré Yáñez, Diego
  • Rodrigues Amorim, Raquel
  • Zúñiga Cuentas, Carlos Rodrigo

abstract

  • The present analysis focuses on the technical and jurisprudential evaluation of the ecosystem importance of wetlands, both natural and artificial, with a particular focus on the Llantén wetland in Chile. Sentence Rol118-2018, which deserves special attention, highlights the relevance of the Ramsar Convention as a foundation to safeguard collective rights and preserve this aquatic ecosystem. In adittion, this convention is used as an argument for the protection of the ecosystem services that this wetland provides to civil society. The discussion also acquires relevant importance when considering human rights linked to climate change, for the lack of delimitation, protection and conservation of this ecosystem. The decision reaches a level of controversy not only due to the pressure exerted by the construction companies on the wetland, but also due to the forced relocation of an educational institution, which would negatively impact the integrity of the wetland. In this sense, the court even rules on the social rights of people, thus highlighting and reinforcing the protection of the rights of all those involved. It is imperative to emphasize how this strategic ecosystem contributes significantly to the achievement of the goals and commitments established for the year 2030 regarding the reduction of greenhouse gas emissions and the fight against the climate crisis.

publication date

  • October 5, 2023 4:34 PM

keywords

  • CLIMATE LITIGATION, WETLAND, COLLISION OF RIGHTS, ENVIRONMENT, CLIMATE CHANGE.
  • Climate change
  • Climate litigation
  • Collision of rights
  • Enviroment
  • Wetland

Document Id

  • 9d22b0b2-b532-4ac5-8f6a-9c0576b96442