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Acuerdo de Escazú: retos ante su ratificación en Colombia
(Pontificia Universidad Católica del Perú) Mesa Neira, Alejandro; Jiménez Lara, Camila
On March fourth of 2018 the Escazu Agreement was adopted, which first emerged on the United Nations Conference of Sustainable Development, also known as Rio + 20. The purpose of this agreement is to guarantee the full implementation of the rights to public participation in environmental decision-making processes, access to environmental information and access to justice.This paper analyzes the implications that ratifying the Escazu Agreement would cause in Colombia, in order to determine the impact of its implementation in the legal system.
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Reflexiones sobre la no transferibilidad de los derechos de uso de agua en el Perú
(Pontificia Universidad Católica del Perú) Ruesta Otoya, Favio
In Peru, access to natural water sources and the rights related to them, are regulated through licenses, permits and authorizations, which are often non-transferable. In contrast with other licenses in the legal system, in order to transfer them a specific process is required.This paper analyses the characteristics of water rights and raises a revision on the specific process needed for their transfer.
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El rol del arbitraje de inversión en la implementación de las políticas de cambio climático
(Pontificia Universidad Católica del Perú) Gómez-Moreno, Juan Pablo
Nowadays, there is no doubt that one of the main issues of the global agenda is climate change. Conscious of such a reality, several actors of the society have been more closely involved in the debate on the protection of the environment and the reduction of those activities that contribute to diminishing it. Investment arbitration is a field that, even though it has not appeared active and directly in these discussions, keeps a close relationship with these issues and might play a fundamental role in the effectiveness of the implementation of climate change policies.Against this backdrop, this article focuses on studying the relationship between investment arbitration and climate change, explaining their points of contact and differences, to propose some thoughts on specific ways in which investor-State arbitration might contribute to the agenda on climate change.
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La vigencia de la ley transitoria de municipalidades de 1857 y su naturaleza declarativa de interés nacional: a propósito del caso del centro poblado de Iquicha
(Pontificia Universidad Católica del Perú) Villalobos Villalobos, Vicente Brayan
During the provisional government of marshal Ramón Castilla (1855-1858), the National Convention installed in 1855, promulgated the Transitory Law of Municipalities on January 2, 1857. This law provided for the creation of municipalities in 691 districts included in the then existing provinces and departments, among which the district of Iquicha, located in the province of Huanta, region of Ayacucho, is mentioned. However, due to socio-political events and conflicts that affected the cohesion, life and development of this community, the demarcation action was not carried out. Already in 2022, the author of this work was contacted with some representatives of the Iquichana community –resettled in a perfectly determinable high Andean area as they were told– to take some legal action aimed at demanding the Peruvian State implement the respective district.Thus, this text derives from the thesis that the author raised in a compliance process initiated against the Department of Demarcation and Territorial Organization of the Presidency of the Council of Ministers, due to the reluctance of this body to execute the aforementioned law of municipalities (material inactivity of the Public Administration). To achieve this objective, the author claims that the law in question has a declaratory nature of national interest, despite not containing the linguistic statement used by the current legislative technique for the drafting of declarative laws. During the development of his reasoning and argumentation, he addresses several issues closely linked to the controversy, such as the validity and effectiveness of the norms, the methods of legal interpretation, the material content of the declarative laws, the collision between the constitutional precedent “Villanueva Valverde” and the new regulation of the compliance process, among other concepts and legal categories. Likewise, to contextualize the case and highlight the social problems of the Iquichano people, it integrates some sociological and historical studies of this community.
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La mejora ambiental manifiestamente evidente: mirada optimista a una figura actualmente poco amigable
(Pontificia Universidad Católica del Perú) Ruesta Otoya, Favio
In 2013, the Agency for Environmental Assessment and Enforcement introduced the manifestly evident environmental improvement to the legal system. This figure had a negative reception as it seemed to delegitimize the obligations established in the environmental certification, the most important environmental license in Peru.This paper analyses the questions born with the creation of the manifestly evident environmental improvement and the effective use of this figure by the public.
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Herramientas jurídicas frente a desastres ambientales en el aprovechamiento de recursos naturales: acciones y responsabilidades en los derrames de petróleo en mar peruano por Repsol
(Pontificia Universidad Católica del Perú) Rodrigo Zúñiga, Carlos; Villanueva Saire, Jesús Daniel; Rivera Torres, Aurora
This article addresses the different legal tools that exist in the Peruvian territory to be able to deal with various environmental emergencies, especially those derived from the use of natural resources by private agents. This includes the following legal mechanisms: constitutional law, administrative law, criminal law and civil law tools.Likewise, in order to be able to clearly portray the above, reference will be made to a case study that occurred a short time ago. This is the case of the Repsol oil spill in the Peruvian sea.
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Un acercamiento a los bancos de biodiversidad: una alternativa para la inversión en conservación y protección de los recursos naturales
(Pontificia Universidad Católica del Perú) Villanueva Cáceres, Gabriela Alejandra
Natural resources can be protected through the implementation of different mechanisms. One of these are the biodiversity banks. The latter constitute a private investment measure whose purpose is to help in the conservation of species, habitats, and natural ecosystems. It is worth mentioning that biodiversity banks have been implemented with success in different countries abroad.The present text analyzes what biodiversity banks are and how they work. Then, it explores the way in which these banks have been regulated and incorporated in certain foreign countries. Finally, and most important, the article highlights the main benefits that the implementation of these banks could generate in the Peruvian case.
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El régimen jurídico de la acuicultura en el Perú
(Pontificia Universidad Católica del Perú) Ramos Huaytalla, Bruno; García Castillo, Rolando
Aquaculture is an economic activity regulated by Peruvian law, the purpose of which is to cultivate aquatic species and ensure the conservation of biodiversity. In this article, the authors start by analyzing the current regulations on hydrobiological resources and then identify the regulation of aquaculture activity, as well as the administrative sanctioning procedure applicable to non-compliance with aquaculture, environmental and sanitary obligations derived from that activity.
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Reflexiones sobre la planificación de la inversión en los sectores de electricidad y gas natural
(Pontificia Universidad Católica del Perú) Leyva Flores, Ricardo
In this article, the author presents an analysis of the positive and negative aspects of state planning in the electricity and natural gas sectors. In both sectors, it indicates how the planning intervention by the State has been strengthened over the years. However, it also points out the problems that it still presents.The author highlights the importance of state planning in a social market economy regime, in addition to this, he points out the problems that not have sufficient incentives to satisfy demand, since that is where the State has to intervene through public companies.Likewise, the author presents certain recommendations made by the Multisectoral Commission for the Reform of the Electricity Subsector to contribute to the problems that have been generated in various cases due to the lack of efficient state planning.

THĒMIS-Revista de Derecho. Núm. 82 (2022)

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