Responsabilidad civil por daños ambientales en el Ecuador.

Abstract

Civil liability for environmental damage in Ecuador is a matter of utmost importance due to the growing concern for environmental preservation and the urgency to establish adequate mechanisms to repair and prevent negative impacts on nature. Although Ecuadorian legislation acknowledges the obligation to fully compensate environmental harm and take measures to restore ecological balance, challenges persist in its effective implementation, including the lack of clear criteria for assessing environmental damages and determining responsibilities and repair obligations. The aim of this research has been to analyze Ecuadorian legislation on civil liability for environmental damage, identify normative gaps and practical challenges in its application, and propose recommendations to strengthen its effectiveness in protecting the environment in Ecuador. To conduct this research, a detailed analysis of national legislation related to civil liability for environmental damage was carried out, previous cases were studied, and relevant jurisprudence was reviewed. In addition, interviews with experts in environmental law were conducted, and information was gathered from academic and governmental sources to better understand the current challenges in the application of liability for environmental damage in Ecuador. In conclusion, normative gaps in Ecuadorian legislation were identified that hinder its effective application, especially regarding the assessment of environmental harm, determination of responsibilities, and establishment of repair obligations.