Does slow and steady win the race? Ecosystem services in Canadian and Chilean environmental law

This paper examines and compares the extent to which ecosystem services have been incorporated in Canadian and Chilean environmental law and policy. The focus is on the adjudication of environmental disputes but the analysis is contextualized by the broader environmental law and policy developments...

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Bibliographic Details
Published in:Ecosystem services 2018-02, Vol.29, p.240-250
Main Authors: Pastén, Roberto, Olszynski, Martin, Hantke-Domas, Michael
Format: Article
Language:English
Subjects:
Adjudication
Ecosystem services
Environmental harm
Environmental law
Existence value
Passive value
Use value
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Summary:This paper examines and compares the extent to which ecosystem services have been incorporated in Canadian and Chilean environmental law and policy. The focus is on the adjudication of environmental disputes but the analysis is contextualized by the broader environmental law and policy developments of each country. As will be seen, Canada's judiciary was relatively quick to embrace ecosystem services but subsequent progress has been slow. In Chile, on the other hand, ecosystem services have been referred to only recently but that country's Environment Courts appear intent on giving the concept a greater role in the resolution of environmental disputes. •We compared Canadian and Chilean jurisprudence with respect to ecosystem services.•Canada's judiciary embraced ecosystem services early on but progress has been slow.•Chile's Environment Courts adopted ecosystem services only recently but more firmly.•Ecosystem services have yet to be fully quantified in an adjudicative context.
ISSN:2212-0416
2212-0416
DOI:10.1016/j.ecoser.2016.11.013