ESCAZÚ TREATY: SHOULD IT BE SIGNED? A NEW ENVIRONMENTAL DEBATE.

The “Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean,” Escazu Treaty, it is in the period of signature and ratification.
Chile was one of the most active countries in the negotiation process, which began in Santiago in 2014. However, Chile decided not to sign the treaty, arguing the following: First, the need to review in greater depth the possibility of filing claims before the International Court of Justice within the framework of the Pact of Bogotá. That is, review the dispute resolution systems of the treaty and decide if it is in the national interest to adopt those systems. Second, the convenience of reviewing whether national legislation is consistent with the rules and obligations of the treaty. Or, that the country already covers the topics of the treaty with its national legislation and, therefore, its adoption is not necessary. The paper challenges these arguments.