C. Argentina

C. Argentina (1) Legislative Measures of International Interest On 19 September, the Official Bulletin published National Law no. 27270, which approved the 2015 Paris Agreement on climate change. On 11 October, the Official Bulletin published National Law no. 27279, which establishes minimum environmental protection standards for the management of empty phytosanitary containers, due to the toxicity of the product they contain. This law applies to all empty phytosanitary containers that have been used in Argentina and requires their differentiated management. They must enter an Integral Management System of Phytosanitary Empty Containers, which is established by the regulation. It establishes the following hierarchy for the integral management of phytosanitary empty containers: (1) the prevention of generation; (2) reuse; (3) recycling; (4) valorization; and (5) final disposal, prohibiting abandonment, dumping, burning, and/or burial of these containers in Argentina. The Ministry of Agriculture, Livestock and Fisheries and the Ministry of Environment and Sustainable Development are the joint enforcement authorities for this law. (2) Relevant Cases The Supreme Court of Justice presided over numerous environmental cases in 2016, related to matters of mining, public works, the water basin of the Paraná River, wildlife, and criminal jurisdiction in environmental matters. Specifically, on matters of mining and environmental damage, in Martínez, Sergio Raúl v Agua Rica LLC Suc Argentina y su propietaria Yamana Gold Inc. y Otros s/Acción de amparo, the Supreme Court of Justice ruled on 2 March that: in environmental matters, when pursuing the guardianship of the collective good, the absolute priority is the prevention of future damage and, in this sense, the development of an environmental impact study prior to the beginning of the activities does not imply a decision prohibitive of the undertaking in question, but rather an instance of reflective analysis, carried on scientific bases and with citizen participation. In regard to wildlife protection, the Supreme Court of Justice ruled, on 23 February, in Re N.N. s/Infracción Ley 22421, that it was necessary for a federal judge to investigate the alleged infringement of Article 25 of National Law no. 22.421 on Wildlife Conservation, because the information provided was inadequate to determine the licit character of the trade in question. Especially in circumstances where it has been observed that species categorized as ‘vulnerable’ (under Resolution 1055/13 of the National Secretariat of Environment and Sustainable Development) and other exotic species internationally protected under the Convention on International Trade in Endangered Species are being commonly poached, and given the absence of documentation in these circumstances that shows the legal origin of the animals, federal jurisdiction could be invoked. A presumption that they have entered the country in violation of customs controls has enabled the intervention of the Economic Crimes Court. © The Author 2017. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Yearbook of International Environmental Law Oxford University Press

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Publisher
Oxford University Press
Copyright
© The Author 2017. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com
ISSN
0965-1721
eISSN
2045-0052
D.O.I.
10.1093/yiel/yvx040
Publisher site
See Article on Publisher Site

Abstract

(1) Legislative Measures of International Interest On 19 September, the Official Bulletin published National Law no. 27270, which approved the 2015 Paris Agreement on climate change. On 11 October, the Official Bulletin published National Law no. 27279, which establishes minimum environmental protection standards for the management of empty phytosanitary containers, due to the toxicity of the product they contain. This law applies to all empty phytosanitary containers that have been used in Argentina and requires their differentiated management. They must enter an Integral Management System of Phytosanitary Empty Containers, which is established by the regulation. It establishes the following hierarchy for the integral management of phytosanitary empty containers: (1) the prevention of generation; (2) reuse; (3) recycling; (4) valorization; and (5) final disposal, prohibiting abandonment, dumping, burning, and/or burial of these containers in Argentina. The Ministry of Agriculture, Livestock and Fisheries and the Ministry of Environment and Sustainable Development are the joint enforcement authorities for this law. (2) Relevant Cases The Supreme Court of Justice presided over numerous environmental cases in 2016, related to matters of mining, public works, the water basin of the Paraná River, wildlife, and criminal jurisdiction in environmental matters. Specifically, on matters of mining and environmental damage, in Martínez, Sergio Raúl v Agua Rica LLC Suc Argentina y su propietaria Yamana Gold Inc. y Otros s/Acción de amparo, the Supreme Court of Justice ruled on 2 March that: in environmental matters, when pursuing the guardianship of the collective good, the absolute priority is the prevention of future damage and, in this sense, the development of an environmental impact study prior to the beginning of the activities does not imply a decision prohibitive of the undertaking in question, but rather an instance of reflective analysis, carried on scientific bases and with citizen participation. In regard to wildlife protection, the Supreme Court of Justice ruled, on 23 February, in Re N.N. s/Infracción Ley 22421, that it was necessary for a federal judge to investigate the alleged infringement of Article 25 of National Law no. 22.421 on Wildlife Conservation, because the information provided was inadequate to determine the licit character of the trade in question. Especially in circumstances where it has been observed that species categorized as ‘vulnerable’ (under Resolution 1055/13 of the National Secretariat of Environment and Sustainable Development) and other exotic species internationally protected under the Convention on International Trade in Endangered Species are being commonly poached, and given the absence of documentation in these circumstances that shows the legal origin of the animals, federal jurisdiction could be invoked. A presumption that they have entered the country in violation of customs controls has enabled the intervention of the Economic Crimes Court. © The Author 2017. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com

Journal

Yearbook of International Environmental LawOxford University Press

Published: Dec 28, 2017

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