Flexibilización normativa del licenciamiento ambiental en Colombia durante el periodo 1993-2018

The legal regulation in Colombia for the protection of the environment and the control of the exploitation of natural resources has had an important evolution since 1991, when for the first time it was given a significant relevance in the constitutional scope. As a development of this, Law 99 of 199...

Full description

Autores:
Gallego Nanclares, Jorge Andrés
Tipo de recurso:
Fecha de publicación:
2018
Institución:
Universidad de San Buenaventura
Repositorio:
Repositorio USB
Idioma:
spa
OAI Identifier:
oai:bibliotecadigital.usb.edu.co:10819/6742
Acceso en línea:
http://hdl.handle.net/10819/6742
Palabra clave:
Medio ambiente
Licencias ambientales
Flexibilización
Normativa
Recursos naturales
Environment
Environmental permits
Regulatory flexibility
Ratural resources
Derecho ambiental
Política ambiental
Impacto ambiental
Control ambiental
Recursos naturales
Rights
License
Atribución-NoComercial-SinDerivadas 2.5 Colombia
Description
Summary:The legal regulation in Colombia for the protection of the environment and the control of the exploitation of natural resources has had an important evolution since 1991, when for the first time it was given a significant relevance in the constitutional scope. As a development of this, Law 99 of 1993 was established as the most important norm in the legal sphere, and introduced as a requirement to control and guarantee the recovery, conservation, protection, ordering, management, use and exploitation of renewable natural resources and the environment of the Nation, the issuance of environmental licenses for any person who intends to advance works, works or exploitation of mines that may cause damage to the environment. The process for the issuance or denial of these licenses has undergone a series of changes that have been gradually flexing and weakening since its inception, not only related to the regulations and the deadlines established for its study and execution, but also in regarding the entities and those responsible for issuing them; these changes have generated conflicts related to the interpretation of the rules, in such a way that the High Courts have had to intervene to resolve these conflicts. In this context, this article attempts to explain the regulatory flexibility during the period between 1993 and 2018