Abstract

CUBIDES CARDENAS, Jaime; GONZALEZ AGUDELO, Juan David  and  HOYOS ROJAS, Juan Carlos. Legal and social conflicts of the extractive cycle based on the international, regional and Colombia's national system. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2019, vol.49, n.130, pp.146-174.  Epub Sep 16, 2019. ISSN 0120-3886.  https://doi.org/10.18566/rfdcp.v49n130.a7.

The present paper addresses the legal conflicts in the extractive cycle, based on the legal framework of the international, regional and Colombian system. In order to achieve this, a hermeneutic methodology of qualitative type is followed with a systemic focus, developed into three thematic axes. The first one illustrates the consulta previa (prior consultation) and consent in prospecting and exploration. The second analyses communal property, a complex conflict in the extractive construction and transformation. The third addresses Colombia's law in relation to the exploitation and benefit in the extractive transformation. It is concluded that, in Colombia, there are two traditionally used mechanisms, the first one being the acción pública de inconstitucionalidad (public action of unconstitutionality) and the second one, the acción de tutela (protective action of constitutional rights ). Likewise, the legal framework and the case-law established by the Corte Cosntitucional regarding natural resources has not been sufficiently assimilated by the state authorities. Therefore, the challenge that agreements and concertation should be devoid of arbitrariness and authoritarianism remains.

Keywords : Natural resources; Mining; Prior consultation; Communal property; Environment.

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