Environmental

Summary: Ley 300 establishes the legal framework for the conservation of the environment, or ‘mother earth.' This law recognizes the rights of mother earth and the legal status that are subjects of rights.

Summary: This Ley approved the amendments to the Convention on Wetlands of International Importance especially the Waterbird Habitat, Ramsar 1971, adopted by the Extraordinary Conference of the Contracting Parties in the city of Regina, Canada. It also approved the ordered text of the Convention on Wetlands.

Summary:

This is not a judicial decision that touches on animal welfare issues. However, it is important to mention as the Constitutional Court granted for the first time the status of legal person to a river. The Plaintiff, ‘Centro de Estudios para la Justicia Social “Tierra Digna”’ brought an action of ‘tutela’ (Constitutional mechanism that is preferential and summary created for the purpose of protection of fundamental rights) in representation of various community councils of the Atrato region in the Colombian Pacific against the Presidency of the Republic and others. The basin of the Atrato river covers and area of about 40,000 KM2 (15,444.086 sq mi) It is considered one of the highest water yields in the world. There are many ethnic communities that live in the adjoined municipalities that include Afro-Colombian communities, indigenous communities and mixed communities that obtain their sustenance from activities such as artisanal mining, agriculture, hunting and fishing by this river. The water of the river is also used for direct consumption. The Plaintiff alleged that the contamination of the river is a threat to the health of the communities that use the river as a source of work, recreation and to obtain food. The Plaintiffs sought that the court stop the large-scale and permanent use of illegal extraction methods of minerals such as gold and platinum. Additionally, logging that includes the use of heavy machinery and highly toxic substances such as mercury and cyanide as well as other toxic chemicals used in mining of the Atrato river. They argued that the illegal mining in the Atrato river was resulting in harmful and irreversible consequences on the environment, affecting the fundamental rights of ethnic communities that live in the area and the natural balance of the territory. For these reasons, the Plaintiffs asked the court to declare protection of the fundamental rights of the ethnic communities: life, health, water, food security, a healthy living environment, to culture and to the territory, by ordering the implementation of structural changes. The lower courts denied the action of ‘tutela’ in first and second instance, arguing that the Plaintiff sought the protection of collective rights, rather than fundamental rights. Therefore, this constitutional mechanism was not appropriate. After holding that the action of ‘tutela’ was the appropriate mechanism for the protection of the fundamental rights of the ethnic communities, the court established in its ruling that the right to water was a fundamental right, as it is a necessary component to the right to a dignified life, and it is essential for many organisms that inhabit the planet to be able to survive. The use of mercury and other toxic substances in mining activities is prohibited, regardless the legality of the activity. In a new approach, the court held that the Atrato river is subject to rights that imply its protection, conservation and maintenance and instructs the national government to be the guardian and to exercise the river’s legal representation through the president or whichever he appointed, along with the ethnic communities that inhabit the basin of the river. Thus, it guarantees the Atrato river is represented by a member of these communities and a delegate of the Colombian government.

Summary: The Code of Natural Resources and Environmental Protection declared the environment a common heritage of the nation and nature as a legal good that has to be protected. Article 1 of this code establishes that, “the preservation and management of natural resources are of public utility and social interest." The main goal of this statute is to protect and restore the environment. It strives for the preservation, improvement and rational utilization of the natural resources, attempting for a continued availability of such resources.

Summary:

This statute is intended to preserve natural resources and protect wild animals from any trapping conducted without the knowledge of a property owner or the Tribe. The language provides for both land owner through a tribal assignment or lease, as well as lands that are reserved and used exclusively by the Tribe. The language also restricts any person, firm, or corporation from engaging in this conduct without consent and knowledge from the land owner and/or the Tribe.

Summary: This paper gives an overview of issues surrounding the global ivory trade and its effect on elephant populations. It touches upon the historical development of ivory demand as well as the relationship between elephants and ivory. The paper then looks at poaching rates over time and the poaching industry generally as well as the two competing approaches to elephant conservation. Finally, laws and policies supporting elephant conservation are discussed.

Summary: This paper will examine the global ivory trade and its effect of elephant populations. It begins with a historical discussion of ivory demand as well as the relationship between elephants and ivory. The paper then looks at poaching rates over time and the poaching industry generally. Next, the paper considers two competing approaches to elephant conservation and catalogues how they have informed CITES decisions regarding elephants beginning in 1975. In addition, it discusses relevant laws in ivory-producing nations and consuming nations. Finally, the paper examines U.S. laws regarding elephants and ivory, as well as legal challenges to those policies.

Summary: This paper will examine the global ivory trade and its effect of elephant populations. It begins with a historical discussion of ivory demand as well as the relationship between elephants and ivory. The paper then looks at poaching rates over time and the poaching industry generally. Next, the paper considers two competing approaches to elephant conservation and catalogues how they have informed CITES decisions regarding elephants beginning in 1975. In addition, it discusses relevant laws in ivory-producing nations and consuming nations. Finally, the paper examines U.S. laws regarding elephants and ivory, as well as legal challenges to those policies.

Summary: This second annual western lands conference explored federal initiatives about policy objectives and management approaches for public lands in the West, including the Colorado Grazing Roundtable and Rangeland '94, Option 9 and the Pacific Northwest forests, bypass flows and Colorado national forests, and wilderness protection in Utah. Speakers were from federal agencies; from states; from groups concerned with the use and protection of the public lands; and from academia.