Environmental Rights and social resistances: Legal instrument as a repertoire against mining in Argentina

Abstract

In the past two decades, open pit mining in Argentina expanded significantly. Facing this advance, social resistance against activity grew strongly and, since 2003 to date, nine provinces have passed laws banning mega-mining.

Based on the study of the approval of such laws in Mendoza and Córdoba, this paper analyzes the incorporation of legal instruments as part of the social resistance repertoire and its positive impacts on processes of legislative incidence.

The incorporation of a legal discourse in the actions of resistance –crucial element to promote the advancement and updating of environmental rights– was favored by three elements: the capacity of the disputing parties to complement contentious actions with others institutionally channeled; the plurality of actors involved and the socialization of experiences; and, finally, the achievement of successful results.