The two sides of Pascua Lama: Social protest, institutional responses, and feedback loops

Abstract

The article shows that the ability of activists to achieve outcomes that they value is fundamentally conditioned by how bureaucracies implement policies and regulations. Relatively minor changes to bureaucratic policies, regulatory enforcement, or judicial oversight - in a context of rule of law and institutional capacity to implement - can generate new opportunities and feedback loops that increase the influence of social movements over extractive sector governance, even when other political and legislative opportunities are closed. In this regard, despite the failure of glacier legislation in Chile, increased bureaucratic and judicial responsiveness enhanced the ability of social activists to attain their goals via direct access to regulatory agencies. In Argentina, the fragmented federal system allowed the passage of legislation to conserve glaciers, yet prevented effective implementation of the law.