Decision Shrimp Farm in Cayapas Natural Reserve

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Country of Origin:  Ecuador Court Name:  Constitutional Court of Peru Primary Citation:  CAUSA No. 0507-12-EP Date of Decision:  Judge Name:  Wendy Molina Andrade Docket Num:  Expediente No. 0507-12-EP

Summary: In this case, the plaintiff, the Ministry of the Environment, appeals decisions from multiple lower courts with regard to the defendant’s shrimp farm. The farm was located on a nature reserve and the plaintiff sued for protective action, arguing that the rights of nature must be respected and allowing the defendant to maintain his farm on the reserve violates such rights. However, the defendant argued that his right to due process was being violated and he wished to retain his property rights over his farm. The court again held in favor of the defendant, finding that his right to due process was violated despite its location on a protected nature reserve. The matter was to be resolved in a lower court.

Documents:  Ecuador_2015_shrimp_farm_natural_reserve_Cayapas_Corte Constitucional_ron_Spanish (1).pdf Ecuador_2011_shrimp_farm_RESERVE_CAYAPAS_LOWER_CT_RON_SPANISH.pdf Ecuador_2015_shrimp_farm_reserve_Cayapas_Corte_Cosntitucional_sentencia_aclaracion_ron_spanish.pdf
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