The Argentine Constitution and its Relationship with Environmental Standards

NONNA, SILVIA

Environmental rights development standards

Cambridge University Press

Año: 2019; p. 265 - 285

The aim of this chapter is to examine the relationship that environmental provisions of the Argentinian Constitution have with standards of environmental protection. It makes a detailed analysis of article 41 of the national constitution with a particular focus on the requirement that thegovernment institutes minimum standards of environmental protection. It then considers the associated legislation that creates minimum standards and which covers a wide range of specific environmental issues. In doing so it identifies the existing inconsistencies, omissions and overlaps.It comments on the issues that affect the success of those standards within the federal system of government that was instituted as a result of the 1994 Constitution.In particular it considers the standard of environmental protection that results from court decisions related to Art. 41 of the Constitution, such as the case Mendoza, Beatriz et al. v. The Argentine Government et al. (2006).