Regulatory Development of Environmental Law principles as a regulatory warranty for exercising rights related with the environment in Ecuador

Abstract

In Ecuador, international principles of Environmental Law are set out in the Constitution and are developed in the Organic Environment Code and its Regulations. This research performs a qualitative analysis of the normative development of each principle and of the international conventions that Ecuador has signed in environmental matters in order to develop a proposal for classification between fully developed principles, principles with insufficient regulatory development and principles without regulatory development or with regressive local regulations. In conclusion, it was found that the principle of access to information, participation and justice has no normative development in Ecuador; that the precautionary principle has regressive rules; that three conventions on the principle of cooperation have no local normative development. On the other hand, it was found that the principles of sustainable development, in dubio pro natura, better technology, solidarity, comprehensive reparation, effective protection and imprescriptibility of environmental responsibility have sufficient normative development to be implemented in Ecuador