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Ecuador

Organic Code on the Environment

legislation type Legislative
Law
Passed in 2017
The Organic Code on the Environment was published in the Official Register on 12 April 2017, and will enter into full force in one year. It aims to guarantee the right of people to live in a healthy and ecologically balanced environment, as well as to protect the "rights of nature" recognized in the Constitution of Ecuador. Its objectives include setting out environmental principles and guidelines that guide the public policies of the State, and establishing effective, efficient and cross-cutting measures to address the effects of climate change through mitigation and adaptation actions. The environmental principles set out in the code include the Polluter Pays principle, sustainable development and in dubio pro natura (when in doubt, favour Nature). The Code provides for liability for environmental damages and upholds the notion of 'strict liability'. It also sets out administrative provisions such as those relating to permits, studies and authorizations.

Documents

Related litigation cases

  • Herrera Carrion et al. v. Ministry of the Environment et al. (Caso Mecheros)

    Opened in 2020 Filing

    On February 18, 2020, a group of nine girls from the provinces of Sucumbíos and Orellana filed a constitutional injunction (acción de protección) against the government of Ecuador. In their lawsuit, plaintiffs claimed that gas flaring is unlawful, although it can be authorised by exception, and t...

from the Grantham Research Institute
from the Grantham Research Institute
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