Environmental law theory
(Teoría del Derecho ambiental)
Co-writer: Pablo Lorenzetti
Publishing house (in spanish): La Ley Paraguay
Year 2019
The environmental paradigm acts as an organizational principle of rhetorical, analytical and protective thinking, which is linked to systemic interactions and holistic approaches. Under these premises, a coordination in the operation between the economic, social and natural systems is pursued, as well as a communicability of the principles between Public and Private Law. The goal is to address conflicts that usually arise within the social sphere, which includes public goods and those acts performed by the individual located in the collective action. In these cases, subjective rights are interpreted in such a way that they do not conspire against the integrity of such goods. In the relationship between property rights and the environment, an “environmental function” must be recognized, since the multiplicity of individual rights of the owners must be coordinated, oriented towards the preservation of the collective good. The environmental paradigm conceives nature as a collective good, scarce or in danger, and is willing to limit individual rights. A change in the notion of the rule of law occurs under this approach. The State of Environmental Law incorporates the collective variable and the protection of common goods as a central axis of public policies. On the other hand, legal instruments are also subject to revision and institutes are “environmentalized” such as the theory of property, civil responsibility and the process, among others. It is intended to place the legal systems in tune with the rules of nature in order to achieve greater implementation of Environmental Law.
Private law fundaments. Argentine Civil and Commercial Code of the Nation
(Fundamentos de derecho privado: Código Civil y Comercial de la Nación Argentina)
Publishing house (in spanish): Thomson Reuters La Ley
Year 2016
The art of making justice. The intimacy behind the Argentine Supreme Court’s most difficult cases
(El arte de hacer justicia. La intimidad de los casos más difíciles de la Corte Suprema de Argentina)
Publishing house (in spanish): Thomson Reuters La Ley
Year 2016
What is it like to do justice in Argentina? What happens behind the doors of the Palace (Palacio de Tribunales)? How are the most delicate rulings solved? This book began with the idea of answering those questions and exposing the work of the Supreme Court to the citizens, to those who are not lawyers or don’t know the language of law. But it ended up becoming something bigger. Based on important cases, the book analyzes the conduct of diverse, multicultural societies, the articulation of conflicts and consensus, the protection of freedom of expression, the ability to freely decide our lifestyles, the debate on equality of subsidies or opportunities, social exclusion, environmental protection and the rule of law. Ricardo Lorenzetti, president of the Supreme Court from 2004 to 2018, narrates in this book, in a kind, “easy-to-read” language, with few (if not any) legal terms, and in the first person, the unknown details of the most complex cases that the Argentine Justice had to face in the last years and that gave birth to a rereading of the Constitution, facing the most acute problems of our society. The book shows the debates inside and outside the Court and marks the great guidelines of the 21st century’s new cycle of governance.
Private international law and public international law: a necessary meeting
(Derecho internacional privado y derecho internacional público: un encuentro necesario)
Joint work. Integrates the scientific committee
Publishing house (in spanish): Centro de Estudios de Derecho, Economía y Política (CEPED) and Asociación Americana de Derecho Internacional Privado (ASADIP).
Year 2011