The consolidation of non-regression (and progressivity) as general legal principles in Chilean environmental law

Abstract

This editorial highlights the evolution of the reception of the principle of non-regression (and the principle of progressivity) in Chilean environmental law, arguing that it can now be regarded as consolidated as a general legal principle. Based on a systematic analysis of doctrinal, normative, and jurisprudential sources, it revisits key aspects of the principle, including its characterization, the identification of regressive measures, and its limits and exceptions. It then examines recent milestones supporting this consolidation, such as Chile’s ratification of the Escazú Agreement in 2022, the incorporation of the principle into the Framework Law on Climate Change and the Biodiversity Law, and its recognition in a recent decision of the Second Environmental Court.