Abstract

PENA JARAMILLO, Francisco Javier. Prevention and resolution of environmental conflicts with the application of the dispute board mechanism. RCUISRAEL [online]. 2021, vol.8, n.3, pp.135-148.  Epub Dec 10, 2021. ISSN 2631-2786.  https://doi.org/10.35290/rcui.v8n3.2021.373.

The purpose of this paper is to identify and expose the eventual legal advantages of applying the dispute boards mechanism and how it would contribute to the Ecuadorian system if it is fully adopted as a pre-arbitral mechanism to prevent environmental conflicts. This will prevent environmental conflicts from arising in projects that are catalogued according to the Unified Environmental Information System (SUIA) of the Ministry of the Environment, that require an environmental license and whose environmental impacts and risks are considered to be of medium and high impact; by having this legal tool, the parties will act immediately to solve the environmental impact generated, avoiding the judicial conflict, in order to comply with the principle of celerity as detailed in the Ecuadorian legal regulations.

Keywords : dispute boards; pre-arbitration; environmental conflict; environment; environmental prevention..

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )