The Application of International Environmental Law Principles in Latin America. Compilation of a Database of Superior Courts Case-Law, and Initial Findings.

Abstract

This paper presents a comparative discussion of the application of principles of international environmental law in supreme courts in Latin America. We construct a database and an illustrative sample of supreme court cases related to the environment since the Rio Declaration of 1992. This sample shows a wide range of principles of and approaches to environmental law in Latin America. Preliminary findings point to a strong harmonization in the application of the principle related to the public participation and participation of indigenous groups in development projects. However, other principles, such as the woman participation, are not widely disseminated or regularly applied in court arguments and sentences. Others international environmental principles such as precaution, polluter-pays and sustainable development are also part of this analysis. This paper concludes with arguments for stronger integration of environmental law principles in the region.