Protección de los ecosistemas estratégicos y desarrollo: un reto para el derecho

Abstract

The rules concerning the protection of strategic ecosystems identified and analyzed in this research project can be found in various environmental regulations. The analysis of existing legislation about strategic ecosystems in Colombia concludes that they are not per se public good, and they do not constitute a protected category in law. Even though they can be protected through some declaratives stated by law, its protection is attained bymeans of other instruments of environmental regulations on the territories. The legal framework about wetland and moors shows that the environmental legal system in Colombia has a traditional approach that should be complemented by norms with an economic or market-based instruments approach. It is a challenge to Law that implies a series of considerations about property rights, protected areas, traditions of peasants and indigenous communities, and the development mechanisms in order to achieve a sustainable development