Year: 2026
Type: article
Study design: Systematic Review
Abstract: Introduction: The environmental legal framework in Ecuador faces significant limitations regarding its application and effectiveness, notwithstanding the constitutional recognition of the Rights of Nature. These challenges hinder environmental management and the protection of essential ecosystems. Objective: To analyze the application and effectiveness of Ecuador’s environmental legal framework, identifying the factors that facilitate or obstruct regulatory compliance. Methodology: A systematic review was conducted following the PRISMA guidelines, incorporating 30 studies published between 2022 and 2026. The review evaluated barriers, facilitators, case law, and environmental governance practices. Results: The effectiveness of the legal framework is generally low, revealing a disconnect between constitutional provisions and their practical implementation. Extractivism is identified as a recurring barrier, whereas community governance emerges as a key facilitator. Furthermore, constitutional case law helps address legislative gaps, although it often lacks full binding force in practice. Conclusions: Enhancing the effectiveness of the environmental legal framework requires transcending the extractivist model, strengthening national institutions, and aligning domestic strategies with international environmental protection frameworks. The integration of community governance, robust legislation, and strategic case law constitutes a viable pathway to bridge the gap between recognized rights and their effective enforcement.
Source: Revista Tribunal
Institution: Universidad Estatal Amazónica
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7202247265