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Environmental Law Journal becomes part of Scielo Chile

The publication edited by the Environmental Law Center will be part of an open access collection of Chilean scientific journals in all areas of knowledge.

The Environmental Law Journal, edited by the Environmental Law Center of the Law School of the University of Chile, was admitted to be part of the SciELO - Chile Scientific Electronic Library.

SciELO - Chile is an open access collection of texts from Chilean scientific journals, from all areas of knowledge, which predominantly publish articles resulting from scientific research, and which uses peer review of the manuscripts they receive, which show a growing performance in the indicators of compliance with the indexing criteria.

"We are very pleased with this recognition, which is the result of an effort of continuous improvement of the editorial processes developed by the editorial team, which has resulted in the growing increase in the quality of the articles published over the years," said the director of the Journal, Prof. Valentina Durán Medina, adding "we are grateful for the support of the Faculty, which through its Dean, Prof. Pablo Ruiz-Tagle, and the Journals Program of the Research Department, headed by Prof. Daniel Álvarez, has provided permanent support to the work of the journal."

"Once the collaboration agreement between the Faculty of Law of the University of Chile and the National Agency for Research and Development (ANID) is signed, the full incorporation of the journal to this collection will take place, starting in 2022" explained the editor Jorge Ossandón Rosales.

This good news is in addition to the admission, in 2020, of the Environmental Law Journal to the SCOPUS database.

As a result, in 2022 the Environmental Law Journal will already be indexed in Scopus, Redib, DOAJ and Latindex, in addition to ScIELO, with the support of SISIB and the Journals Program of the Research Department of the Law School of the Universidad of Chile.

It should be noted that Issue 16 of this biannual journal will be published on December 31.

 

The functions of the State’s liability for the absence of environmental oversight – Regarding Chile’s Supreme Court judgment of january 5th, 2016, Fisco de Chile con I. Municipalidad de lo Barnechea

Authors

  • Pedro Harris Pontificia Universidad Católica de Valparaíso
No. 7 (2017)
https://doi.org/10.5354/0719-4633.2017.46455

Abstract

The responsibility of the Administration regarding environmental damage caused by a third party is no longer merely theoretical. This type of responsibility was recognized in a Supreme Court judgment in June 5, 2016, in Fisco de Chile con I. Municipalidad de Lo Barnechea. In the latter, the Court applied the "duty of surveillance", already enshrined in the Court’s decision Fisco de Chile con Sociedad Sarao S.A., of June 26, 2013. However, in the 2016 judgment, the Court altered the aforementioned duty's legal basis, from the right of ownership to the obligation of exercising certain supervisory powers. In fact, the judgment’s acknowledgement stands out, not only because it falls on supervision activities, whose omission is not usually sanctioned, but also due to the way this responsibility emerges, displacing the application of “lack of service” regime, which normally sanctions the irregularity in municipal functioning. Given the particularities of environmental legislation, such displacement facilitates the emergence of the sanctioning function of any responsibility regime. Hence, once the local government's responsibility has been determined, the said legislation will permit the concretization of the guarantee function of reparation, beyond compensation, while preserving the socializing function of subjective responsibility, through repetition.

Keywords:

Environmental damage, Administrative responsibility, Environmental Surveillance

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How to Cite
Harris, P. (2017). The functions of the State’s liability for the absence of environmental oversight – Regarding Chile’s Supreme Court judgment of january 5th, 2016, Fisco de Chile con I. Municipalidad de lo Barnechea. Revista De Derecho Ambiental, (7), pp. 197–209. https://doi.org/10.5354/0719-4633.2017.46455
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Revista de Derecho Ambiental
Facultad de Derecho
Universidad de Chile
DATOS DE INVESTIGACIÓN
Dirección de Servicios de Información y Bibliotecas (SISIB)