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Revista Derecho del Estado

Print version ISSN 0122-9893

Abstract

ROJAS CALDERON, CHRISTIAN. Methodological bases for the Environmental Law analysis in its active or directional face. Rev. Derecho Estado [online]. 2020, n.45, pp.275-303. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n45.10.

The purpose of this paper is to set the foundations or reasons for an analysis that goes beyond the merely organic and procedural studies in chilean envi ronmental Law -which are necessary but not enough-, and rather concentrate on the methodological considerations that are implied in the State action in environmental issues. This study essentially sustains that this State action is based on the assesment, management and liability for environmental risks, which requieres a complementary analysis that finds an answer in the Risk Based Regulation (RBR).

Keywords : Environmental; risk; methodology; responsive; funtionality.

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