The pure ecological damages and the tragedy of the Commons
Pure ecological damages have acquired a relevant meaning in contemporary legal orders. These damages represent a complex problem that arises along with the economic development associated to the demographic increase. As a result of such relation, environmental damages can occur due to materializatio...
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| Formato: | Artículo (Article) |
| Lenguaje: | Español (Spanish) Español (Spanish) |
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Universidad Libre
2014
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| Sumario: | Pure ecological damages have acquired a relevant meaning in contemporary legal orders. These damages represent a complex problem that arises along with the economic development associated to the demographic increase. As a result of such relation, environmental damages can occur due to materialization of unexpected risks, disobeying rules of conduct, and even intention of causing them. This situation demands a new legal approach and a reinterpretation of the actual institutions of law. In this context, the objective of this study was to use logical tort liability in administrative sanctions imposed by causation of pure ecological damages, with the aim of providing purport and establishing a new hermeneutic base. To accomplish this objective, this investigation applied a relational logic in tort law as an interpretation criteria to read the compensatory schemes contained in the act 1333 of 2009, giving to those schemes a remedial reading |
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