Browsing by Author "Bermeo Cabrera, Edgar Francisco"

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    La buena gobernanza de los recursos naturales, especial referencia al recurso natural Agua en Cuenca-Ecuador. Análisis del caso Río Blanco
    (2019-05-10) Bermeo Cabrera, Edgar Francisco; Martínez Moscoso, Fernando Andrés
    This research work makes an analysis of the regulatory framework, as well as, national and international public policies, about the "Good Governance" of natural resources, with special reference to the water resource; and, because it is an exploratory research and based on the importance of the case, it studies this model of governance in the practical application of the “Río Blanco” case. In the methodology, the historical method and the dogmatic method are applied. As the research is analytical, it is performed by the semi-structured interview tool (delphi method), then three actors were selected: an academic, an adviser of the public entity and a social leader. Moreover, an interview was developed with the directors of an Administrative Board of Drinking Water and Sanitation; and a focus group in a community of Cuenca city. The main results that the investigation found were that in Ecuador, while the Constitution establishes guarantees to the nature; at the same time, the socio-economic needs have led the regulatory body itself to grant the power to exploit natural resources, in order to safeguard the decent life. In this sense, the "Good Governance” of natural resources is the balance between these two positions.
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    El acceso a la justicia de los pueblos y nacionalidades indígenas al derecho al medio ambiente sano en Ecuador. Caso Río Blanco
    (Centro de Estudios de Justicia de las Américas, 2019) Abril Ortiz, Adriana Lorena; Martínez Moscoso, Fernando Andrés; Bermeo Cabrera, Edgar Francisco
    This study analyzes the “Rio Blanco" judicial case, in which the Ecuadorian justice granted indigenous people the access to justice in order to protect their rights (to a healthy environment), because of the violation of due process by the State, which did not develop the free, prior and informed consent , in concordance with the ILO Convention No. 169. This work indicates that despite the efforts made by the judicial system, judges still present deficiencies on their knowledge on environmental law