Contienda de competencia ambiental en la Corte Suprema de Justicia de la República Argentina: el caso del derrame de solución cianurada desde la mina Veladero en la Cordillera de los Andes (2015)
In May 2015, the Argentine Supreme Court of Justice settled a decision in a case in which two courts claimedjurisdiction over the investigations of criminal liabilityfor the spillage of cyanide fluid from the Veladero Mine, located in theprovince of San Juan, which took place in September 2015. This...
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| Format: | Article |
| Language: | Spanish |
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2016
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7160868 |
| Source: | Revista Electrónica del Instituto de Investigaciones Jurídicas y Sociales Ambrosio Lucas Gioja, ISSN 1851-3069, Nº. 17, 2016, pags. 113-131 |
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| Summary: |
In May 2015, the Argentine Supreme Court of Justice settled a decision in a case in which two courts claimedjurisdiction over the investigations of criminal liabilityfor the spillage of cyanide fluid from the Veladero Mine, located in theprovince of San Juan, which took place in September 2015. This case sets out the discussion of jurisdiction regarding environmental impact matters and the scope of federal jurisdiction over local jurisdiction in the events provided by law. The analysis of this decision uncovers the tension between constitutional rights: federalism as a means of state organization and the preservation of environment for present and future generations. In the light of these facts, this paper is concluded by offering the reader a critical analysis of the ruling adopted by the highest Argentine court over a significant event of pollution involving highly toxic substances in a river basin located at Andes Mountain Range |
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