Conservation Law Center
 
 

Research

The Conservation Law Center currently conducts research on the following topics:

1. Regulatory Models in General.

Regulatory models are investigated on the basis of the analysis conducted since the decade of the 80s, regarding the limitations of the interventionist law, also called "regulatory law or welfare state".

In this period began the early works on possible post-regulatory models highlighting the "reflexive law" (Ref. Gunther Teubner), "responsive law" (Ref. Nonet-Selznick), "procedural law" (Ref. Wietholter, Habermas) "contextual law" (Ref. Wilke).

All these models are based on the recognition of the limits of the law to conduct "direct external control" of social activities, and particularly to handle the growing "social complexity" and encompassing "uncertainty".

2. Regulatory Models - Relationship of Public Law and Private Law.

Another area of work, closely related to the previous one, refers to the conceptual and operational relationship between institutions of public and private law.

This is closely linked to:

  1. The analysis of "public interest" elements of private law;
  2. The analysis of the "implementation" ("Enforcement") and "effectiveness" of the law.

In the area of biodiversity conservation, the relevance of this analysis is evident when it is noted that the institution of "ownership " has been the great mechanism for implementation of policies for biodiversity conservation and the Convention on Biological Diversity, in terms of "in-situ conservation."

3. Private Law, Property Rights and In Rem Rights.

Directly related to the previous topic, our research is aimed at understanding the institution of property rights and In Rem Rights, in relation with the following topics:

  1. The predominant theoretical notions of property rights as it has been received in civil law;
  2. The foundations of the rights of access and control and the relationship between property rules and liability rules;
  3. The rationale and scope of the "numerus clausus" of in rem rights;
  4. The influence of economic analysis in the current notion of property rights;
  5. The ability to design special in rem rights intended to generate links between various actors and social spheres – as a form of reflexive law.

4. Conservation Law

Regarding this institution proposed by our researchers in 2003 (Vid. N° 1 of the Journal of Environmental Law, University of Chile), it advances in the following research topics:

  1. Analysis and justification of theoretical foundations;
  2. Review of public and private elements of the institution;
  3. Review of the reflexive potential of the institution;
  4. Differences with the "Conservation Easement";
  5. Economic Analysis and Social Theory.

5. Biodiversity Conservation and Other Public Policies.
Research is being conducted regarding intersections between land use policies, agricultural policies, forest policies and biodiversity conservation.