The document discusses legal regimes for environmental protection and governance of transboundary natural resources in the La Plata Basin region of South America. The La Plata Basin covers parts of Argentina, Bolivia, Brazil, Paraguay and Uruguay. While the countries have developed environmental laws and policies, differences between legal frameworks can cause challenges for managing shared natural resources. The presentation analyzes the environmental laws and constitutions of the five countries, finding some similarities but also gaps between legislation and implementation. Improving governance will require further harmonizing legal and institutional frameworks to facilitate cooperative management of critical transboundary issues.

1. Legal regimes for environmental
protection: governance for transboundary
natural resources in the La Plata Basin
Isabela Battistello Espindola
PhD visiting researcher at KCL
isaespindola@hotmail.com

2. Presentation structure
•Objetives & Research Methods
•Introduction
•Research question
•The La Plata Basin (case study)
The environment in the Constitutions of the countries of the La Plata Basin
Main legislative sources of environmental policies in the countries
•Conclusion
LEGAL REGIMES FOR ENVIRONMENTAL PROTECTION: GOVERNANCE FOR TRANSBOUNDARY NATURAL RESOURCES IN THE LA PLATA BASIN
ISABELA BATTISTELLO ESPÍNDOLA
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3. Objective & Research Methods
•Objective:
Discuss about Transboundary Natural Resources (TNR) governance;
Offer important new insights into legal questions on TNR governance at a regional level;
Present some legal instruments available to address environmental problems, management
and protection;
•Research Methods:
Environmental law in comparative perspective (case study: La Plata Basin riparian countries),
presenting its guidelines, key elements and structure of the regulations;
 This legal geography perspective considers how law changes (and is changed)
through space, as a result of social-technical-natural relations;
Data collection through the research and analysis of legal norms related to environmental
legislation;
LEGAL REGIMES FOR ENVIRONMENTAL PROTECTION: GOVERNANCE FOR TRANSBOUNDARY NATURAL RESOURCES IN THE LA PLATA BASIN
ISABELA BATTISTELLO ESPÍNDOLA
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4. Introduction
•Nature does not respect political boundaries. They defy geopolitical divisions and are subject to
distinct interests, legislations and environmental regimes created by man.
•Rivers flows into different states, oceans are shared between nations, wildlife spreads into
various territories. These are just some examples that demonstrates that natural resources can
be shared across international borders.
•Transboundary natural resources (TNR) can be defined as natural resources that cross political
boundaries, spreading through distinct territories and jurisdictions.
•They can be related to biodiversity, forests, wildlife, oil, gas, water resources and others natural
resources, such as protected areas.
LEGAL REGIMES FOR ENVIRONMENTAL PROTECTION: GOVERNANCE FOR TRANSBOUNDARY NATURAL RESOURCES IN THE LA PLATA BASIN
ISABELA BATTISTELLO ESPÍNDOLA
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5. Introduction
•Since 1960: outstanding progress of law governing the environment (Sant’Anna, 2008; Ahmed &
Mustofa, 2016; Okonkwo, 2017).
•However, differences and incompatibilities in legal frameworks, such as national environmental
legislations, can aggravate problems related to environmental protection and governance
(Okonkwo, 2017).
•They can cause disagreements between nations, misunderstands and even conflicts.
•Scarcity of natural resources: the state of affairs can be even worse.
The shared resource can be highly contested among the nations, aggravating the situation
and making it hard in obtaining management consensus among the interested parts. Even
the ownership of the resource itself can be contested.
LEGAL REGIMES FOR ENVIRONMENTAL PROTECTION: GOVERNANCE FOR TRANSBOUNDARY NATURAL RESOURCES IN THE LA PLATA BASIN
ISABELA BATTISTELLO ESPÍNDOLA
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6. Research question
•What are the challenges and opportunities to improve TNR governance considering the states
existing legal framework?
•Why?
TNR are subject to distinct interests, legislations and environmental regimes created by
man.
Law, policies and institutions can be incompatible, causing significant impacts in the
governance and management of these natural resources.
As TNR exceed two or more jurisdictions territories, they represent a challenge to society
in terms of governance, management and sovereignty.
Although a fair, equitable and sustainable management and utilization of these resources
are a universal aspiration, norms and other international regulations over TNR are regularly
contested.
LEGAL REGIMES FOR ENVIRONMENTAL PROTECTION: GOVERNANCE FOR TRANSBOUNDARY NATURAL RESOURCES IN THE LA PLATA BASIN
ISABELA BATTISTELLO ESPÍNDOLA
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7. The La Plata Basin
•South America
•Argentina, Bolivia, Brazil, Paraguay and Uruguay
•Second largest TB in South America
•Fifht largest in the World
•3.1 million km² (= 17% of South America’s
surface)
•Historial relation: Colonial period
•Conflicts and Cooperation
•Integration: physical, political (MERCOSUR) and
environmental
LEGAL REGIMES FOR ENVIRONMENTAL PROTECTION: GOVERNANCE FOR TRANSBOUNDARY NATURAL RESOURCES IN THE LA PLATA BASIN
ISABELA BATTISTELLO ESPÍNDOLA
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8. LEGAL REGIMES FOR ENVIRONMENTAL PROTECTION: GOVERNANCE FOR TRANSBOUNDARY NATURAL RESOURCES IN THE LA PLATA BASIN
ISABELA BATTISTELLO ESPÍNDOLA
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Geographical data Economical data Political data
Country
Total Area
(km²)
Surface in the
basin
Total GDP
(US$ billions)
Exports of goods
and services (% of
GDP)
Imports of
goods and
services (% of
GDP)
Government system
Argentina 3.761.274 920.000 540,2 14,9 14,6
Representative, Republican
and Federal
Bolivia 1.098.580 205.000 34,1 44,2 37,2
Plurinational, democratic
and participatory state
Brazil 8.515.770 1.415.000 2300,0 11,5 14,3 Republican and Federal
Paraguay 406.752 406.752 30,9 45,2 41,8
Republican, representative,
participatory democracy
and pluralist
Uruguay 176.220 150.000 57,5 23,4 25,5 Republican Representative
The La Plata Basin

9. The La Plata Basin
oEconomy sectors
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LEGAL REGIMES FOR ENVIRONMENTAL PROTECTION: GOVERNANCE FOR TRANSBOUNDARY NATURAL RESOURCES IN THE LA PLATA BASIN
ISABELA BATTISTELLO ESPÍNDOLA

10. The La Plata Basin
•Transboundary issues related to
natural resources;
•All over the basin;
•Demand joint and cooperative
action;
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LEGAL REGIMES FOR ENVIRONMENTAL PROTECTION: GOVERNANCE FOR TRANSBOUNDARY NATURAL RESOURCES IN THE LA PLATA BASIN
ISABELA BATTISTELLO ESPÍNDOLA

11. The La Plata Basin
•Institutional framework for the Basin management and integration
1967: creation of the Intergovernmental Coordinating Committee of the Countries of The La Plata Basin
(CIC);
1969: La Plata Basin Treaty;
•CIC has focused on areas of common interest in the five countries, facilitating studies, programs,
and infrastructure works on hydrology, natural resources, transport and navigation, soil, and
energy.
•International organizations for the management of shared water resources in the LPRB
•19 organizations
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LEGAL REGIMES FOR ENVIRONMENTAL PROTECTION: GOVERNANCE FOR TRANSBOUNDARY NATURAL RESOURCES IN THE LA PLATA BASIN
ISABELA BATTISTELLO ESPÍNDOLA

12. The La Plata Basin
•Environmental law:
La Plata countries: civil law (roman law) legal traditions influence;
In general, countries have developed an important body of legislation and, following regional and
international trends, have incorporated principles and tools in line with the need for natural resource
management and protection, and in some cases, take climate change into account.
Broad legal framework for the environmental management and protection, especially of water
resources, which is integrated with national, provincial, state, or municipal provisions that are
constitutional, legal and regulatory in nature;
There are different political and administrative structures, with different levels of institutional
development and technical capacities for natural resource management;
The five countries of the Basin have ratified the Ramsar Convention on Wetlands, the United Nations
Framework Convention on Climate Change, and the Convention on Biological Diversity, among other
global agreements.
LEGAL REGIMES FOR ENVIRONMENTAL PROTECTION: GOVERNANCE FOR TRANSBOUNDARY NATURAL RESOURCES IN THE LA PLATA BASIN
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13. The environment in the Constitutions of the countries of the La Plata Basin
LEGAL REGIMES FOR ENVIRONMENTAL PROTECTION: GOVERNANCE FOR TRANSBOUNDARY NATURAL RESOURCES IN THE LA PLATA BASIN
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Country Principal article Year
Argentina
Art. 41 - All inhabitants enjoy the right to a healthy, balanced environment, suitable for human development and
for productive activities to meet present needs without compromising those of future generations; and they have
a duty to preserve it.
1994
Bolivia
Art. 33 - People have the right to a healthy, protected and balanced environment. The exercise of this right must
allow the individuals and collectivities of present and future generations in addition to other living beings, to
develop in a normal and permanent way.
2009
Brazil
Art. 225 - Everyone has the right to an ecologically balanced environment, a common use of the people and
essential to a healthy quality of life, imposing on the Public Power and the community the duty to defend and
preserve it for present and future generations.
1988
Paraguay
Art. 7 - Everyone has the right to live in a healthy and ecologically balanced environment. Priority objectives of
social interest are the preservation, conservation, recomposition and improvement of the environment, as well as
its reconciliation with integral human development. These purposes will guide the relevant government legislation
and policy.
1992
Uruguay
Art. 47 - The protection of the environment is of general interest. People must refrain from any act that causes
serious depredation, destruction or pollution to the environment. The law will regulate this provision and may
provide penalties for offenders.
2004

14. Main legislative sources of environmental policies in the countries
LEGAL REGIMES FOR ENVIRONMENTAL PROTECTION: GOVERNANCE FOR TRANSBOUNDARY NATURAL RESOURCES IN THE LA PLATA BASIN
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Country Law
Argentina General Environmental Law - Law Nº 25.675
Bolivia
Environmental Law 1,333 enacted on April 27, 1992, and published in the Official Gazette of Bolivia on June 15,
1992, and its Regulations
Brazil
Law No. 6,938, of August 31, 1981: National Environment Policy, its purposes and mechanisms of formulation and
application, and other measures
Paraguay
Law No. 816, which adopts measures to defend natural resources; Law No. 1095 that extends Law No. 816, which
adopts measures to defend natural resources Law No. 1561/00 that creates the national environment system, the
national environment council and the environment secretariat
Uruguay General Environmental Protection Law No. 17,283. Published D.O. Dec 12/000 - No. 25663

15. Final remarks
•La Plata Basin countries: same legal roots (civil law);
•Environment is a relevant theme in the Constitutions of the five countries;
•There are some semblance in their constitutional texts;
Right to the environment;
Principle of prevention of environmental damage (obligation to adopt the
licensing/environment qualification in their domestic legal system);
Legal standards and institutions to prevent, control and mitigate environmental impacts;
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LEGAL REGIMES FOR ENVIRONMENTAL PROTECTION: GOVERNANCE FOR TRANSBOUNDARY NATURAL RESOURCES IN THE LA PLATA BASIN
ISABELA BATTISTELLO ESPÍNDOLA

16. Final remarks
•Challenges:
Differences in the legislation scope;
Gap between the legislation and its practical application (enforcement);
Harmonization of the legal and institutional framework to facilitate and promote the
treatment of critical transboundary issues and environmental management within the scope
of the CIC;
Harmonization does not imply the establishing of a single legislation. It means that in case of
loopholes in environmental legislation, it will be promoted the adoption of standards that
adequately consider the environmental issues involved and ensured equitable conditions;
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LEGAL REGIMES FOR ENVIRONMENTAL PROTECTION: GOVERNANCE FOR TRANSBOUNDARY NATURAL RESOURCES IN THE LA PLATA BASIN
ISABELA BATTISTELLO ESPÍNDOLA

17. Thank you!
Isabela Battistello Espíndola
isaespindola@hotmail.com
Research Grant nº 2017/17997-9 and 2019/10125-1 - São Paulo Research Foundation (FAPESP)
“The opinions, hypotheses and conclusions or recommendations expressed in this material are the responsibility of the author (s) and
do not necessarily reflect the vision of FAPESP”
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LEGAL REGIMES FOR ENVIRONMENTAL PROTECTION: GOVERNANCE FOR TRANSBOUNDARY NATURAL RESOURCES IN THE LA PLATA BASIN
ISABELA BATTISTELLO ESPÍNDOLA