COSTA RICA Law and Practice Contributed by: Germán Pochet Ballester, BioIuris
1. Regulatory Framework and Law 1.1 Environmental Protection Policies, Principles and Laws Costa Rica has a comprehensive legal framework for environmental protection, which is expressly recog- nised in its Political Constitution. Article 50 establishes the state’s duty to ensure every person’s right to a healthy and ecologically balanced environment. This provision was recently amended to include the inalien- able human right to access safe drinking water, rec- ognising water as a national asset essential to safe- guarding human rights. Key laws include the following: • Water Law; • Forest Law; • Organic Environmental Law; • Biodiversity Law; • Wildlife Conservation Law; • Integrated Waste Management Law; and • Law for the Rational Use of Energy. Costa Rican environmental legislation also incorpo- rates fundamental legal principles such as: • the precautionary principle; • in dubio pro natura; • public environmental interest; and • the principle of integration. These have been further developed through judicial decisions, resulting in a broad and coherent frame- work of environmental law and governance.
• the National System of Conservation Areas, which manages protected areas, forest resources and wildlife conservation; • the Environmental Technical Secretariat, which evaluates and approves Environmental Impact Assessments for public and private projects; and • the Environmental Administrative Tribunal, an independent body within MINAE that adjudicates environmental disputes, resolves complaints, and imposes administrative sanctions for environmental violations. In addition to these institutions, other entities have complementary roles in the enforcement of environ- mental policies: • Ministry of Health oversees pollution control, solid and waste management; • Ministry of Agriculture and Livestock regulates sustainable agricultural practices; and • Institute of Fisheries and Aquaculture supervises fishing activities, promoting the responsible use and conservation of marine and coastal resources. Together, these institutions form an integrated frame- work that strengthens Costa Rica’s environmental governance system, ensuring the balance between sustainable development and the protection of natural ecosystems and biodiversity. 2.2 Co-Operation Costa Rica has established principles and regulations designed to promote the participation of all social and governmental sectors in the conservation and eco- logically sustainable use of biodiversity, as well as to promote international and regional co-operation. The regulation has established the importance of main- taining a coherent and interrelated set of objectives aimed at enhancing environmental protection across the various public institutions. Some examples of inter-institutional co-operation include the Payment for Environmental Services Program, implemented through collaboration between landowners and the National Forest Financing Fund (FONAFIFO) to pro- mote forest conservation, as well as the co-man- agement framework established between artisanal fishers and the Institute of Fisheries and Aquaculture (INCOPESCA) for the management of the Responsi-
2. Enforcement Authorities and Mechanisms 2.1 Regulatory Authorities
The authority responsible for the formulation, and enforcement of environmental policies in Costa Rica is the Ministry of Environment and Energy (MINAE). Some of the specialised institutions that contribute to the implementation and monitoring of environmental regulations within MINAE are:
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