Table of Contents

Environmental Enforcement Networks

Environmental Enforcement Networks

Concepts, Implementation and Effectiveness

New Horizons in Environmental and Energy Law series

Edited by Michael Faure, Peter De Smedt and An Stas

Compliance and enforcement is a fundamental issue within environmental law. But despite its pertinence, it is an area that has been neglected in academic research. Addressing this gap, this timely book considers the circumstances under which networking can increase the effectiveness of environmental enforcement.

Chapter 24: Environmental enforcement networking efforts in Chile: lessons learnt and challenges ahead

Juan Carlos Monckeberg, Kay Bergamini and Cristian Pérez

Subjects: environment, energy policy and regulation, environmental governance and regulation, environmental law, law - academic, environmental law

Extract

In 1994 the Chilean State enacted the Law N° 19.300 on the General Basis of the Environment. Among other things, this Law created the National Commission of the Environment (CONAMA), a state agency with a co-ordinator status on environmental matters. The institutional environmental structure proposed in the Law N° 19.300 was built on the model of the ‘proposal of Basic Environmental Law and Promotion of Sustainable Development’ of 1993, elaborated for Latin America by the United Nations Environment Programme (UNEP), which formulated both criteria and basic norms oriented to regulate environmental management of the State and citizens’ actions; with the aim of attaining sustainable development objectives of the countries (Olivares 2010). However, such a model did not include the idea of having a Minister – but rather a President of the Commission – and also did not incorporate the concept of environmental crime within the penal legislation (Olivares 2010).

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