The article argues that Argentina's glacier law is unconstitutional as it contradicts the national constitution regarding the productive capacity of environments.
The article discusses the constitutional flaws present in Argentina's glacier law (Law NĀ° 26.636), which seeks to protect glaciers and periglacial environments due to their strategic importance for water resources and tourism. The law prohibits certain productive activities in these areas, but this stance is seen as contradictory to Article 41 of the Argentine Constitution, which mandates that the environment should be conducive to productive activities.
In failing to recognize the productive capacity of these environments, the glacier law undermines constitutional principles that guarantee individual rights to a healthy and balanced environment that supports human development. The author emphasizes that rather than banning activities outright, the law should encourage sustainable practices that ensure long-term resource availability without sacrificing ecological integrity.
The implications of this analysis suggest a need for legislative reform that aligns environmental protection efforts with constitutional mandates, promoting both sustainability and economic viability. This could potentially lead to a reevaluation of how environmental laws are approached in Argentina, ensuring that they foster both ecological stewardship and human development.
