The ecological law It is a group of established legal norms and principles, both local and international, that regulate the activity of people in their interaction with the environment and ecosystems..
These legal norms and principles are linked in an orderly and rational way, with the norms embodied in the laws and the principles in different declarations..
Ecological law regulates human activity in its interaction with the environment and ecosystems, establishing adequate rules for the protection and conservation of the environment and ecosystems, in such a way as not to compromise the interests of future generations..
Therefore, it is a set of legal guidelines that man has developed in order to regulate his own behaviors, to protect nature, taking into account a multidisciplinary science such as ecology..
It seeks to prevent ecological deterioration, in addition to preserving nature. Therefore, it needs a restrictive action, in such a way that if the human being does not adapt to what he does against ecosystems, he will be sanctioned by law..
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The regulations will have to refer to the safeguarding of a global good, such as life as a whole, seeking to improve the quality of life of both current and future generations..
Its field of action goes beyond the limits of the countries, because there are international actions to protect natural resources.
Therefore, it turns out to be an exception to the principle of competence and natural judges, since it does not consider the scope of use of the rules, as it is based on the principle that nature is universal.
It focuses on the regulations that protect ecosystems and the living things residing in them.
It is aimed at the relationships that living beings maintain with their environment, in order to preserve the existence of ecosystems, without focusing exclusively on the effects produced by environmental damage on humans..
Not only does it protect the environment, but it protects all life in different ecosystems. That is why it is not called environmental law, but ecological law, because it does not protect the living environment of a single species, such as humans, but of all.
It is governed by the scientific concepts of the different disciplines that constitute this right.
There are several sources of ecological law:
The first document that includes an ecological regulation, also gathering the principles on which this regulation will be managed by the different nations, was this declaration of 1972.
It was developed during the United Nations Conference on the Environment. Its purpose was to defend the protection of the environment.
It refers in a general way to natural resources, nature, the environment and human actions within ecosystems..
Conventions are resolutions hosted by an international body or a UN conference on world-class issues. After being ratified by the nations they become mandatory.
An example of these was the United Nations Framework Convention on Climate Change, made in 1992.
On the other hand, treaties refer to political agreements concluded in writing between two or more countries, under the norms of international public law, generating reciprocal obligations. For example, the Montreal Protocol.
By its very nature, ecological law is found within administrative law and public law in the laws of each country..
It is composed of environmental regulations of administrative law, in addition to the help of regulations of criminal law, such as ecological crimes, civil law, such as liability for damages, and tax law, such as ecological taxes..
Disney planned in 1972 a ski resort within the Sequoia National Forest. Sierra Club opposed this construction, because it interfered with the preservation of the national park, the forest area and the surrounding wildlife.
This case led to the approval of the National Environmental Policy Law. This law required Disney to draft a statement specifying the environmental impact the resort would have on the area. After reviewing the serious ecological impact of its plans, Disney withdrew.
In this case from 2007, a question arose: does the government have the obligation to regulate the release of carbon dioxide into the atmosphere, which affects the planet?
The verdict of the Supreme Court responded by ruling on the environmental problems caused, the government not regulating the emission of harmful gases from vehicles.
The Supreme Court noted that the government should reasonably explain why it could not restrict pollution, forcing it to take steps to combat this..
The 2010 BP oil spill had a global impact. When its drilling rig in the Gulf of Mexico exploded through negligence, eleven people were killed and nearly five million barrels of oil spilled into the Atlantic Ocean..
BP pleaded guilty, agreeing to pay $ 4.5 billion. However, their actual expenses were much higher, spending $ 28 billion on cleanup and claims..
The laws of Mexican constitutional law have included environmental defense since 1917, when in article 27 the issue of the preservation of natural resources is added. In 1987, the ecological reform takes place.
In 1971 the rules were governed by the right to health, to certify the survival and safety of the human being. For this reason, the law was issued to prevent and control environmental pollution, empowering the General Health Council to dictate the corresponding measures..
In order to guarantee the predominance of the social interest in the mandate of a healthy and clean environment, in 1982 penal weight was given to the Environmental Protection Law.
The 1999 Constitution indicates in its article 4 the principle of safeguarding an appropriate environment so that everyone can enjoy well-being. On the other hand, article 25 establishes the concept of sustainable, thus establishing the constitutional basis for sustainable development..
From articles 25, 73, 115 and 124, regulations emerged to regulate human behavior with respect to ecosystems, establishing the competence of regional governments on ecological issues..
- Ecological balance and protection of the environment.
- Sustainable forestry development.
- National waters.
- Sustainable rural development.
- Wild life.
- Prevention and comprehensive waste management.
- Sustainable fishing and aquaculture.
- Organic products.
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