A neglected issue

The recent and growing legal codification of environmental law principles in Chile

Abstract

The principles of environmental law are a central element in the development and autonomy of a legal discipline, and they have been especially catalytic in the case of environmental law. This editorial analyzes the recent and growing process of legal recognition of the principles of environmental law in Chile. It argues that, in recent years, the legislature has used different techniques to recognize these principles: first, by mentioning them in the explanatory messages accompanying bills; then, through specific provisions that list and define them; and, more recently, by referring to principles already enshrined in other framework or general laws. On the basis of this diagnosis, the editorial reflects on the legal consequences of this phenomenon, considering both its potential and its risks, as well as some experiences from international and comparative law. It warns that the proliferation of legally recognized principles requires doctrinal work aimed at systematizing, interpreting, and delimiting their normative effects, especially in light of possible overlaps, conceptual differences, and tensions between principles. Finally, it highlights the need to incorporate this discussion into the teaching of environmental law, in order to train legal practitioners capable of applying these principles in a coherent, well-founded manner oriented toward stronger environmental protection.