COSTA RICA Law and Practice Contributed by: Germán Pochet Ballester, BioIuris
competent regulatory bodies. However, it is impor- tant to note that environmental claims are primarily aimed at protecting the environment itself, rather than at obtaining compensation for private interests. Envi- ronmental protection in Costa Rica is recognised as a diffuse right, meaning that the harmed party is con- sidered to be the environment as a collective good, not the individual who files the claim. Consequently, proceedings before these authorities are focused on restoration, mitigation and prevention of environmen- tal harm, rather than personal compensation. 10.2 Exemplary or Punitive Damages As in most civil law jurisdictions, exemplary or puni- tive damages are not recognised. The legal system is based on the principle of full reparation (restitutio in integrum), which seeks to restore the affected party or the environment to its prior condition, rather than to punish the offender or award damages beyond the actual harm suffered. Specifically in environmental matters, Costa Rican law does not provide for punitive or exemplary damages. Judicial and administrative actions focus on restoration, compensation and pre- vention of further harm, while any punitive or deterrent effects are pursued through administrative or criminal sanctions. 10.3 Class or Group Actions Class or group actions are not formally recognised under the civil procedural system in the same way as in common law jurisdictions. However, environmental claims may be brought on behalf of the public inter- est because environmental protection is considered a diffuse right under Article 50 of the Costa Rican Constitution. This means that any individual, com- munity or organisation may file a claim to protect the environment, even if they are not personally affected, as the harmed party is considered to be the environ- ment itself. Such actions are typically pursued before the Administrative Environmental Tribunal (TAA), the Environmental Prosecutor’s Office, or through consti- tutional or administrative proceedings aimed at restor- ing or protecting environmental integrity. 10.4 Landmark Cases Costa Rica has developed a rich body of environmen- tal jurisprudence through several landmark cases, many of which have been decided by the Consti-
tutional Chamber. These rulings have played a cru- cial role in defining and consolidating environmental principles that, while not always explicitly codified in legislation, hold constitutional and binding authority through judicial interpretation. One notable example is Resolution No 19096-2021, in which the Constitu- tional Chamber emphasised the interrelation between environmental protection and the enjoyment of other fundamental human rights, such as the right to health. The court analysed the state’s duty as guarantor to ensure the proper use of pesticides and to prevent their harmful effects on both human health and the environment. In this decision, the court reaffirmed the precautionary principle (pro natura), requiring authori- ties to anticipate and prevent negative impacts and to ensure the conservation and sustainable management of natural resources. In general, most of Costa Rica’s environmental land- mark cases focus on the definition, development and application of core environmental principles, includ- ing:
• precaution; • prevention; • sustainability; • intergenerational equity; and • objective liability.
Through these decisions, the Constitutional Chamber has strengthened the constitutional right to a healthy and ecologically balanced environment recognised in Article 50 of the Constitution. 11. Contractual Agreements 11.1 Transferring or Apportioning Liability Indemnities and contractual clauses can be used between private parties to allocate or apportion liabil- ity for incidental environmental damage or breaches of law within the scope of their contractual relationship. However, such agreements are only binding between the parties and do not exempt them from adminis- trative, civil or criminal liability before environmental authorities or courts. Under Costa Rican law, envi- ronmental liability is non-transferable, meaning that responsibility for environmental damage remains with
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