Some Latin America and Caribbean Perspectives Sample Clauses

Some Latin America and Caribbean Perspectives. 2.4.1 Favourable legal environment According to Xxxx and Xxxxxx, the Latin Amer- ican and Caribbean region is thought to be a particularly favourable field for the adoption of a regional instrument on the procedural rights of participation.84 While the States of the region have not formed a Union like the EU, which has for decades been active in developing and harmonising European environmental law, the development of environmental law has nonethe- 81 Directive 96/82/EC (n 80) Article 11(2). 82 Ibid. Article 11(3). 83 Ibid. Article 13. 84 Xxxxxxx Xxxx and Xxxxx X. Xxxxxx, ‘The Hard Choic- es in Promoting Environmental Access Rights’ in Da- vid Xxxxxxx and Xxxxx Xxxxxx (eds), Advocating Social Change through International Law: Exploring the Choice be- tween Hard and Soft International Law (Xxxxx 2020) 122. less been active in the region. In addition, most Latin American constitutions have provisions regarding environmental rights and responsi- bilities,85 as well as governmental authorities charged with environmental management,86 and a large number of countries in the region have passed general or framework environmental laws.87 Moreover, several years before the Esca- zú Agreement negotiation began, national courts had progressively adjudicated on claims for the protection of environmental rights.88 In cases where domestic legislation establishes more fa- vourable rights than those of the Agreement, the former must prevail.89 To complement the above progression, an interesting development has taken place with- in the Inter-American system of human rights (IASHR). The Protocol of San Salvador to the
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