The burden of proof in the chilean administrative environmental dispute: several notes referring the environmental courts law

This paper aims to respond to the question about the burden of proof in the environmental claim procedures according to law 20.600 which creates Environmental Courts. In order to make this aim possible, it explores the function and scope of the proof in these jurisdictional procedures. Then, it unfolds possible allocation criteria of the burden of proof. The author determines the possible criteria which may be used are not suitable to deal with the complexity and conflict gathered in this particular matter. Finally, this paper pretends to create a rule that allows, in one hand, to combine the presumption of legality of the administrative acts and the Administration's duty to justify and motivate its decisions; and, on the other hand, the motivation requirement present in every claim.

The burden of proof in the chilean administrative environmental dispute: several notes referring the environmental courts law Articles