Propiedad versus biodiversidad: Perplejidades ante la doctrina argentina sobre la Península de Magallanes
Property versus Biodiversity. The purpose of the study is to analyze the criteria held by the Argentine Supreme Court, in the Coihue and Apen Aike cases, on the relationship of the right to property with the protection of biodiversity. To this end, we will briefly refer to the regime of protected n...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2022
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8750151 |
| Source: | Revista Aragonesa de Administración Pública, ISSN 1133-4797, Nº 23, 2022, pags. 389-415 |
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| Summary: |
Property versus Biodiversity. The purpose of the study is to analyze the criteria held by the Argentine Supreme Court, in the Coihue and Apen Aike cases, on
the relationship of the right to property with the protection of biodiversity. To this end, we will briefly refer to the regime of protected natural areas in the context of Argentine environmental federalism, which will allow us to understand the complications of the provincial protection of the Magallanes Peninsula. Next, after presenting the theses supported in the judgments, we will handle the arguments that lead us to disagree with the jurisprudence in question by considering: a) that there was no situation of uncertainty about the prohibition of tourist and urban developments in the provincial park; and b) that the social function of the right to property in natural areas must be linked to the protection of biodiversity, without its essential content allowing the inclusion of non-strictly agricultural utilities. |
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