Collective environmental litigation in Colombia: an empirical assessment

Lamprea, Everaldo; Páez, Angela M.

doi:10.4337/9781788114677.00017

Cited by 2 publications

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“…I found interview data (Interview 9, 2012) that these claims are mostly promoted by relatively well-off citizens (with and without legal training), who can fund these claims for a limited amount of time. These findings confirm previous research Páez-Murcia, Lamprea-Montealegre, and Vallejo-Piedrahita 2017;Lamprea and Páez 2018) that argues that parties with more resources not always come out ahead in litigation.…”

Section: Type Of Right In the Council's Decision-makingsupporting

confidence: 91%

“…The Constitutional Court is an example of positive judicial intervention (Landau 2010;Schor 2009;Lemaitre and Sandvik 2015;Rodríguez-Raga 2011;Wilson and Gianella-Malca 2019;Botero and Gamboa 2021), but just a few studies have focused on the council (Páez-Murcia, Lamprea-Montealegre, and Vallejo-Piedrahita 2017;Lamprea and Páez 2018). The Council of State is the only court of its kind in Latin America.…”

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confidence: 99%

“…Because data on AP in Colombia is scattered and not systematized, research on this type of litigation has been scarce (Londoño-Toro and Torres-Villarreal 2012; Lamprea and Páez 2018). The Ombudsman (Defensoría del Pueblo) reported that in ten years of use (2008)(2009)(2010)(2011)(2012)(2013)(2014)(2015)(2016)(2017)(2018) citizens have frequently used AP in environmental protection (17%), public space (15%), public health (14%), and urban development and planning (13%) (Londoño-Toro and Torres-Villarreal 2012).…”

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confidence: 99%

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Who Are You and What’s Your Issue? Winning in Collective Litigation in Colombia

Páez

2022

Lat. Am. res. rev.

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This article analyzes the role of the Colombian Council of State, the administrative court of highest level in Colombia, in cases of collective litigation (acción popular). It answers the questions: Do outcomes in these cases vary depending on the right under litigation? Do parties with more resources achieve better outcomes? Does the government hold an advantage when facing other parties? The article analyzes quantitatively an original database of collective litigation cases on environmental protection, public security, the rights of consumers, and administrative morality, and interprets these findings using interview data. Results show that parties’ success rates vary depending on the right under litigation. The national government has the highest litigation success rate, but individuals are more likely to win than stronger parties like department and local governments. The article presents implications following the literature on courts and rights protection in the Global South and party capability.

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Section: Type Of Right In the Council's Decision-makingsupporting

confidence: 91%

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confidence: 99%

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confidence: 99%

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Who Are You and What’s Your Issue? Winning in Collective Litigation in Colombia

Páez

2022

Lat. Am. res. rev.

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“…43 In particular, the court ordered several governmental entities, including the Presidency of Colombia and the Ministry of Environment and Sustainable Development, to liaise with the applicants, the affected communities, and interested members of the public, to formulate a comprehensive policy plan to counter deforestation in the Amazon as a way to mitigate and adapt to the effects of climate change. 44 This judgment consolidates the Colombian courts' reputation for being particularly innovative when it comes to ruling in favour of those affected by environmental harm, 45 establishing precedents that are likely to inspire other courts in the region. 46 This case therefore eloquently illustrates the potential to use human rights arguments in strategic litigation, to put pressure on states to protect the interests of future generations.…”

Section: The Rights Of Present and Future Generationsmentioning

confidence: 94%

Climate Change Litigation and Human Rights: Pushing the Boundaries

Savaresi

Auz

2019

Clim. Law

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The adoption of the Paris Agreement has prompted a flurry of climate change litigation, both to redress the impacts of climate change and to put pressure on state and non-state actors to adopt more ambitious action to tackle climate change. The use of human rights law as a gap-filler to provide remedies where other areas of the law do not is not new, especially in the environmental context. It is therefore not a surprise that human rights arguments are increasingly being made, and human rights remedies increasingly being sought, in climate change litigation. While relatively few cases have been argued on human rights grounds so far, the trend is continuing and accelerating, with some striking results. This article takes stock of human rights arguments made in climate change litigation to date to gauge what they reveal about the evolving relationship between human rights and climate change law—and about possible future developments.

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Collective environmental litigation in Colombia: an empirical assessment

Cited by 2 publications

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Who Are You and What’s Your Issue? Winning in Collective Litigation in Colombia

Who Are You and What’s Your Issue? Winning in Collective Litigation in Colombia

Climate Change Litigation and Human Rights: Pushing the Boundaries

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