Perspective Chapter: Mining in Colombia from the Perspective of Environmental Justice – Were Judicial Courts an Ideal Setting to Achieve It?
<p id="p1">The Colombian State haspromoted different adjustments to the country’s mining model, generally with the intention of increasing foreign investment, increasing production, and increasing State income from the use of mineral resources, but this has led to the emergence of different ju...
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| Format: | Book Chapter |
| Language: | English |
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IntechOpen
2024
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| Subjects: | |
| Online Access: | https://www.intechopen.com/chapters/1179513 |
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| Summary: | <p id="p1">The Colombian State haspromoted different adjustments to the country’s mining model, generally with the intention of increasing foreign investment, increasing production, and increasing State income from the use of mineral resources, but this has led to the emergence of different judicial processes. In which the government’s reforms have been questioned. In this context, the article aims to evaluate the jurisprudential developments of the Colombian Constitutional Court and the Council of State from an environmental justice perspective. Thus, this text reconstructs the jurisprudential debates generated by the judicial actions presented by members of Colombian civil society, develops the basic dimensions of an idea of environmental justice, and evaluates the impacts and transformations generated by judicial decisions in terms of mining regulations and public policies. It is based on the jurisprudential analysis of the highest Colombian courts and a critical analysis based on environmental justice. It is found that although jurisprudence has imposed some limits and has served as a counterweight to the actions of the executive, it is still necessary to deepen environmental justice approaches to resolve controversies involving mining.</p> |
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| ISBN: | 978-0-85466-698-0 |
| DOI: | 10.5772/intechopen.1005195 |