Abstract

GARCIA-BARRIOS, Raúl. La disputa por el territorio y su ordenamiento en Cuernavaca (parte 1). Cultura representaciones soc [online]. 2012, vol.7, n.13, pp.136-184. ISSN 2007-8110.

The article examines the conflict occurred in Cuernavaca (City of Eternal Spring) in 2011-2012 caused by the ecological ordering program of the municipal territory. This confrontation "crowns" ten years of regional socio-environmental conflicts between two different conceptions of the relationship with the environment. The case is now being debated in the streets, auditoriums, media and courts. The article is divided into two parts, but here I summarize only the first. In this first part I describe the problem and deal with theoretical issues, building a framework of interpretation. I carry out an extensive (multidisciplinary) review of facts and theories in order to explore the nature of the institutional weakness that the Mexican government has self-inflicted in recent decades and its consequences in the legal-constitutional structure and its own function. I conclude that this process has violated the human right to the premises of coordination, participation and cooperation necessary to build a healthy environment for all people. Instead of guaranteeing this universal cooperative law, the authority strategically opens or closes the fields or bargaining and marketing of the application of the Law on the basis of several factors, including the relative power of the actors involved. The article goes through international, national, regional and local levels to study the factors affecting the dynamics of these fields of dispute over the territory and its sustainability. As we shall see, the result of this conflicting dynamics will be important not only for the future of the city but also for the implementation of environmental law in the whole country, because the decisions made by the judges will materialize a jurisprudential answer to the following question: How far and how should society participate in public decisions to protect their own living conditions and security?

Keywords : environmental planning; environmental conflict; territory; environmental law; social participation.

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