Uruguay has not witnessed climate change litigation against a private actor. There is no constitutional, legal provision – even regulations or Decrees – that contain any prohibition against private actors carrying out activities, which negatively affect climate change.
However, claimants could bring a case against a private actor where their operations allegedly contribute to climate change for non-compliance of procedural obligations, such as: environmental impact assessment or previous public participation established by the Constitution, Law or other regulations.
In order to be granted standing, claimants must fulfil the procedural criteria established by Article 42 of the General Process Code.
Whilst the Court or Tribunal does not have the power to restrain or prohibit the activity itself, it can provide remedial action by granting full reparation
Whilst the Court or Tribunal does not have the power to restrain or prohibit the activity itself, it can provide remedial action by granting full reparation on individual torts.
For more country specific context and relevant national climate change law see: https://climate-laws.org/geographies/uruguay
This country report has been produced by Aditi Shetye, C2LI Research Assistant, Iona McEntee, C2LI Senior Research Assistant and Juan Auz, C2LI Legal Analyst. This summary is based on Juan Manuel Rivero Godoy, “Climate change and the individual: Uruguay’s National Report” for the 2018 International Academy of Comparative Law Biannual Conference in Fukuoka, Japan.