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Ecuador court case: fishing in the Valdivia Mangrove Swamp and Marine Reserve

Santa Elena Province, Ecuador
Failed in 2015
Provincial
Court Case
Rights Of Nature
Valdivia Mangrove Swamp and Marine Reserve
Forest Ecosystem, Marine Ecosystem
Representatives of the Valdivia Ancestral Community including the Trade Union of the Valdivia Ancestral Community
Civil Society, Indigenous, NGO

Summary

The Valdivia Commune filed precautionary measures claiming that the activities of the fishing company Marfragata SA affect the archaeological area and the marine reserve of their community. The plaintiffs—various representatives of the Valdivia Ancestral Community—claimed that the activities threaten the land, which is declared a natural and archaeological heritage, and threaten rights of nature. They requested that the company leave the ancestral territory of the commune and its activities be suspended. The precautionary measures were rejected because the court claimed that the activities had not damaged the environment according to an inspection report by the Forest Administration System.

Suggested Citation:
Kauffman, Craig, Catherine Haas, Alex Putzer, Shrishtee Bajpai, Kelsey Leonard, Elizabeth Macpherson, Pamela Martin, Alessandro Pelizzon & Linda Sheehan. Eco Jurisprudence Monitor. V2. 2026. Distributed by the Eco Jurisprudence Monitor. https://ecojurisprudence.org/initiatives/marine-reserve-comuna-valdivia/.

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Legal Document

Comuna Valdivia Marine Reserve Case Judgment
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