Acuerdo de Escazú: Desafíos y oportunidades para su implementación en el Perú

The benefits of the implementation of a treaty are measured according to the ability of a State to comply with its provisions effectively. The Regional Agreement on Access to Information, Public Participation and Access to Justice in Environmental Matters in Latin America and the Caribbean -known as the Escazú Agreement -regulates rights related to human and environmental rights. Considering that many of the countries in the Latin American and Caribbean region focus their economic development to industries that come into direct conflict with the rights protected by the agreement, it is worth reviewing whether its application can guarantee compliance with these rights without damaging the established economic processes. In order to support these ideas, thisarticle will begin with a brief explanation of the content of the Escazú Agreement, followed by a study on the application of the agreement from the point of view of international law, looking into the contingencies related to the supranational jurisdiction, implications for sovereignty, and commitments and obligations that the States Parties would have to assume. Finally, aspects related to the application in national law will be examined, such as the possible changes in national legislation and the interpretative scope of some of its principles.