Los regímenes de transición del licenciamiento ambiental en Colombia vistos desde la actividad minera

Translated title of the contribution: TRANSITION SCHEMES OF THE ENVIRONMENTAL LICENSING IN COLOMBIA SEEN FROM MINING ACTIVITY

Andrés Gómez Rey, Camilo Alexander Rincón, Gloria Amparo Rodríguez

Research output: Contribution to journalEditorialpeer-review

Abstract

The environmental license is a planning tool that allows to carry out the previous analysis and to establish the possible consequences or impacts generated by a project, work or activity, to take appropriate measures, as proposed by the title VIII of Act 99/1993. Regulatory development of this figure is given, in particular, from the issue of Act 99/1993 and the various decrees which have regulated the procedure for its granting, question with which this document deals: the transitions between each norm and the requirements and rules of each one seen from the mining activity. As a methodology it is proposed to study, from the legal dogmatic, the sources of law, particularly of the doctrine, jurisprudence and legislation, in order to abstract the concepts of the regulatory transitional regime of environmental license in relation to mining activity, using the logical-deductive method with the purpose of establishing unknown consequences from known principles. That is to say, it reflects on the environmental licensing in the mining field, showing some interpretative options that are presented with each regulatory change, identifying the main problems and offering possible solutions.
Translated title of the contributionTRANSITION SCHEMES OF THE ENVIRONMENTAL LICENSING IN COLOMBIA SEEN FROM MINING ACTIVITY
Original languageSpanish
Pages (from-to)161-181
JournalProlegómenos
Volume19
Issue number38
DOIs
StatePublished - Jul 1 2016

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