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Environmental Law Journal becomes part of Scielo Chile

The publication edited by the Environmental Law Center will be part of an open access collection of Chilean scientific journals in all areas of knowledge.

The Environmental Law Journal, edited by the Environmental Law Center of the Law School of the University of Chile, was admitted to be part of the SciELO - Chile Scientific Electronic Library.

SciELO - Chile is an open access collection of texts from Chilean scientific journals, from all areas of knowledge, which predominantly publish articles resulting from scientific research, and which uses peer review of the manuscripts they receive, which show a growing performance in the indicators of compliance with the indexing criteria.

"We are very pleased with this recognition, which is the result of an effort of continuous improvement of the editorial processes developed by the editorial team, which has resulted in the growing increase in the quality of the articles published over the years," said the director of the Journal, Prof. Valentina Durán Medina, adding "we are grateful for the support of the Faculty, which through its Dean, Prof. Pablo Ruiz-Tagle, and the Journals Program of the Research Department, headed by Prof. Daniel Álvarez, has provided permanent support to the work of the journal."

"Once the collaboration agreement between the Faculty of Law of the University of Chile and the National Agency for Research and Development (ANID) is signed, the full incorporation of the journal to this collection will take place, starting in 2022" explained the editor Jorge Ossandón Rosales.

This good news is in addition to the admission, in 2020, of the Environmental Law Journal to the SCOPUS database.

As a result, in 2022 the Environmental Law Journal will already be indexed in Scopus, Redib, DOAJ and Latindex, in addition to ScIELO, with the support of SISIB and the Journals Program of the Research Department of the Law School of the Universidad of Chile.

It should be noted that Issue 16 of this biannual journal will be published on December 31.

 

Environmental Agency, Offender and Complianant in the Environmental Compliance Programs Procedure

Authors

  • María Victoria Galleguillos Alvear Universidad de Chile

Abstract

Three years from the implementation of the Environmental Agency along with the so-called incentives for environmental compliance, the Compliance Program has become the most commonly used device by the offenders. The high utilization of this mechanism, which is based upon regulatory cooperation with the regulator, is explained both by the important benefit that it signifies to the offenders, and the common administrative practice to favor its approval. In this scenario, an analysis of the role of the subjects taking part in compliance program procedures concludes that an active work of the Environmental Agency in compliance assistance along with a positive weighting of the benefits of the tool by offenders, has strengthened Compliance Programs as an attractive option to terminate sanctioning procedures in a particulary congested enforcement and sanctioning system. However, the scenario of exclusive collaboration between the regulated and the regulator that is set forth in the programs regulation, is exceeded in practice by the significant participation and interference of the complainants and the community affected in these procedures, which shows the importance of revisiting the role of these actors in these procedures and in environmental audit in general.

Keywords:

Compliance Programs, Offenders, Environmental Agency, Complianant