Water Course and Environmental Democracy (completed)

Environmental Democracy refers to the process of making the so-called access rights transparent and effective with which reference is made to the triad:

• access to information, such as the ability of citizens to obtain environmental information that is in the power of public authorities;
• access to participation, such as the possibility for citizens to provide meaningful, timely and informed inputs and to influence policy decisions, strategies and plans at different levels, as well as individual projects that have environmental impacts;
• access to justice, which is defined as the ability to resort to impartial and independent arbitrators to protect environmental rights and expeditiously resolve disputes related to access to information and participation in decisions that affect the environment (Napoli 2006).[1]

The Regional Agreement on Access to Information, Public Participation, and Access to Justice in Environmental Matters in Latin America and the Caribbean (known as the Escazú Agreement), was adopted in the City of Escazú, Costa Rica, on 4 March 2018.

In 2012, the Declaration on the Application of Principle 10 of the Rio Declaration was prepared, formulated by countries of Latin America and the Caribbean at the United Nations Conference on Sustainable Development, through which the commitment to the rights of access to information, participation and justice in environmental matters.

The analysis of the provisions of the Escazú Agreement seeks to direct state actions towards adequate and effective governance, which enables positive actions towards the preservation of the environment and which guarantee the enjoyment of people's rights.

It is noted that the Escazú Agreement has as a precedent the Aarhus Agreement signed in Europe, and expressly incorporates protection clauses for environmental defenders, which highlights the protective nature of the regulations, and the goal of strengthening the protection system of environmental human rights.

Law 27566 (BO 19/10/2020) of the Argentine Republic approves the Escazú Agreement, becoming the tenth country to ratify it. The Agreement entered into force on April 22, 2021.

Achieving effective compliance standards for access rights in the region is a real challenge. In any case, multiple institutions, such as the General Department of Irrigation (Water Authority in the Province of Mendoza), for example, have managed to improve in this regard, through the creation of bodies and officials responsible for providing requested information.[2]

The course that we propose aims to investigate and deepen the studies in this regard.

[1] Cf. PÉREZ CUBERO, María Eugenia (2021), “The importance of the Escazú Regional Agreement in the construction of an environmental democracy in Latin America and the Caribbean”, in UGARTE, Andrés (Director), Notebooks on Environmental Law Issues Nº2 - The Escazú Agreement and environmental democracy, College of Lawyers and Attorneys of the First Judicial District of the Province of Mendoza, Ed. Qellqasqa, Mendoza, p. 24.

[2] For more depth see ANDINO, Mónica Marcela - DÍAZ, Miguel Darío (2021), “Access to public information in decentralized bodies. The case of the Mendoza water authority ”, in UGARTE, Andrés (Director), Notebooks on Environmental Law Issues Nº2 - The Escazú Agreement and environmental democracy, College of Lawyers and Attorneys of the First Judicial District of the Province of Mendoza, Ed. Qellqasqa, Mendoza, p. 137.

The course is open access and is intended for all who want to participate, especially students, professors, researchers, magistrates, public officials, representatives of the legislative branch, members of non-governmental organizations, industry leaders, and the general public.

Address

Abog. Andrés Gualberto Ugarte. Specialist in Tort Law (environmental damage thesis). PhD candidate in Law and Social Sciences (Environmental Law and Water Resources cycle), School of Law and Social Sciences, Universidad de Mendoza. Professor of Environmental Law, Water Law, Law of Obligations and Damage Law. Professor of undergraduate and postgraduate degrees, and author of publications on the subject, among which he is the Director of: Notebooks on Environmental Law Issues Nº2 - The Escazú Agreement and environmental democracy, College of Lawyers and Attorneys of the First Judicial District of the Province of Mendoza, Ed. Qellqasqa, Mendoza, 2021. Email: andresgugarte@gmail.com

Codirection

Prof. María Valentina Erice, Doctor from the University of Navarra. Attorney for the Universidad de Mendoza, Specialist in University Teaching from the Universidad Nacional de Cuyo, Professor of Introduction to Law and Legal Research Methodology, and DIUM categorized researcher. She currently serves as Graduate Director of the School of Law and Social Sciences of the Universidad de Mendoza.

Email: valentina.erice@um.edu.ar

Coordination / Moderator

Abog. Andrés Gualberto Ugarte. Email: andresgugarte@gmail.com

Next, the list of invited professors to integrate the teaching body of the Course is detailed, who are professionals who stand out for their academic training and curricular background.

On Right of Access to Environmental Information

• Luis Felipe Guzman Jimenez (Externado University of Colombia). Doctor of Law with international mention whose doctoral thesis received an outstanding grade cum laude at the Carlos2ndI University of Madrid, Spain. Lawyer and Master in Law with emphasis in Natural Resources Law from the Externado de Colombia University, Bogotá, Colombia. Professor and researcher at the Department of Environmental Law of the Externado de Colombia University. Author of research articles and books, columnist and independent consultant. Member of the Colfuturo Talent Hotbed. Within his research books we highlight: "Wastewater in the jurisprudence of the Council of State: Period 2003-2014"; «Judicial activism and its impact on the construction of environmental public policies. Case analysis in the Jurisprudential Law of the Constitutional Court and the Council of State. Some academic recognitions are: honors registration for academic average (2012), exempt from presenting preparatory exams for academic performance during the degree course (2014), his undergraduate thesis received acclaim from the Board of Directors of the University, and for the development of his studies doctoral studies obtained a full scholarship for the three years.

Twitter: @LuisFelipeG19 – luis.guzman@uexternado.edu.co

• Maria Fernanda Solanes (Recycleg). Lawyer graduated from the Law School of the Universidad Nacional de Cuyo. Specialization with double degree in Environmental Law and Protection of Cultural Heritage, from the National University of the Coast and Master's Degree in Urban Law and Environmental Law from the University of Limoges-France (thesis in preparation). Member of the Environmental Law Commission of the Mendoza Province Bar Association. Member of OIKOS Environmental Network. Legal advisor of Reciclarg Recycling Technology. SA Email: mfsolanes@gmai.com

On Right of Access to Citizen Participation.

• Andres Napoli (FARN). Lawyer, graduated from the Law School of the Universidad de Buenos Aires. Master in Environmental Law from the University of the Basque Country. Executive Director of the Environment and Natural Resources Foundation (FARN). Elected representative of the public before the negotiation table of the Escazú Agreement. Environmental consultant. Graduate and postgraduate professor. Author of numerous publications on environmental matters.
• Guillermo Hernández (UM). Lawyer, graduated from the School of Law and Social Sciences of the Universidad de Mendoza. Doctoral candidate in the Doctorate in Legal and Social Sciences (environmental and water resources law cycle), Faculty of Legal and Social Sciences, Universidad de Mendoza. Professor of Environmental Law and Water Law, undergraduate and graduate. Author of numerous publications on environmental matters.

On Right of Access to Justice

• Silvina Furlotti (UM – Association of Magistrates). Lawyer, graduated from the School of Law and Social Sciences of the Universidad de Mendoza. Judge of the Second Chamber of Appeals in Civil, Commercial and Mining Matters of the First Judicial District of the Province of Mendoza. He is President of the Association of Magistrates of Mendoza. Master in Tort Law from the Universidad de Mendoza. Professor of Law of Obligations and Law of Damages by the Universidad de Mendoza and Universidad Nacional de Cuyo. Graduate and postgraduate professor. She is the author of numerous scientific-legal publications.
• Gonzalo sozzo (National University of the Coast). Lawyer, Specialist in Tort Law (1996) and Doctor in Law and Social Sciences (2003).- He was a postdoctoral fellow at CONICET (ARG.) 2007-2008. He is the scientific director of the Institute for Advanced Coastal Studies of the Universidad Nacional del Litoral since its creation in December 2017. He is Professor of Civil Contracts at the School of Law and Social Sciences of the UNL and Associate Professor of Law. of obligations at the School of Law and Social Sciences of the Universidad Nacional del Litoral. He is Professor in charge of Consumer Law at the School of Law and Social Sciences of the Universidad Nacional del Litoral. He is a former fellow of the Institut de Etudes Avancees de Nantes, France (2012) and the Instituto de Estudios Avanzados de Madrid España for 2019/2020. He is Academic Director and Stable Professor of the degree courses of "Doctorate in Law" (2017 to date), "Specialization in Tort Law" of the Universidad Nacional del Litoral from 1995 to date, of the "Specialization in Law of the company” of the Universidad Nacional del Litoral and academic coordinator and stable professor of the “Specialization in environmental, urban law, and protection of cultural heritage” of the UNL. From 2006 to 2013 he was Secretary of Science and Technology of the Fac. De Ccias. Jurid. and Soc. of the UNL. Since 2014 he is Vice Dean of the Fac. De Ccias. Jurid. and Soc. of the UNL. He is the author of numerous publications on environmental matters and Director of numerous research programs.

The activity consists of three meetings to be held on Thursday, October 21, 28, and Wednesday, November 3, 2021, from 3 p.m. to 5 p.m. (Argentina time).

The meetings will be held online on the Zoom Meetign Pro platform.

It includes the following scheme:

15 to 15.3 p.m. Presentation of the Conference and the exhibitors

15.15 a.m. to 4 p.m Talk from the first speaker

4:16.45 p.m. to XNUMX:XNUMX p.m. Second speaker talk

16.45:17 to XNUMX:XNUMX p.m. Round of questions and answers

Objective

• To deepen the studies on the so-called rights of access to environmental information, citizen participation and environmental justice.

Specific objectives

– Provide contributions to improve the implementation of environmental human rights.

– Propose the improvement of systems and institutions that make it possible to respond to the needs of accessing environmental democracy.

The activity is open access and free of charge, unless you want a certificate, which can be requested by completing the corresponding form.

Consultations: postgraduate.juridicas@um.edu.ar