Transnational Environmental Obligations Legal Analysis and Application in Ecuador's Electrical Crisis

Abstract

This research analyzed transnational environmental obligations and their application in Ecuador’s electrical crisis, focusing on the “flying rivers” phenomenon and its impact in the South American region. The background revealed how these atmospheric humidity flows, originating in the Amazon, are crucial for regional precipitation patterns and hydroelectric generation. The objective was to examine the international legal framework applicable to the management of transboundary environmental resources and its relevance to the current Ecuadorian energy crisis. Methodologically, a legal analysis of the jurisprudence of the International Court of Justice and the Inter-American Court of Human Rights was conducted, evaluating its applicability to the alteration of atmospheric moisture transport systems. The results demonstrate the existence of an evolving legal framework that recognizes transnational responsibility for environmental damage, based on three pillars: responsibility for transboundary harm, prevention and precautionary obligations, and duty of international cooperation. It was concluded that activities such as deforestation and the construction of hydroelectric megaprojects in Brazil have significant transnational legal implications, requiring an expansion of traditional concepts of environmental impact assessment and international cooperation.

Presenters

Jesus Ramon Jaimes Becerra
Professor, Pontifical Catholic University, Ecuador

Details

Presentation Type

Paper Presentation in a Themed Session

Theme

Economic, Social, and Cultural Context

KEYWORDS

CLIMATE LAW, INTERNATIONAL RESPONSIBILITY, AMAZONIA, FLYING RIVERS, INTERNATIONAL COURTS