Cambio climático y riesgos contractuales: entre la previsión y la imprevisibilidad del riesgo por variación climática

Climate change manifests itself in two ways: by the gradual change in climatic conditions, adverse to human activities, as well as dramatic, direct, extensive and serious events, such as storms, extreme temperatures, floods and droughts. The infrastructure developed by the State, in collaboration wi...

Descripción completa

Guardado en:
Detalles Bibliográficos
Autor principal: Sarmiento Erazo, Juan Pablo
Formato: Artículo revista
Lenguaje:Español
Publicado: Universidad Nacional del Litoral 2025
Materias:
Acceso en línea:https://bibliotecavirtual.unl.edu.ar/publicaciones/index.php/Redoeda/article/view/13910
Aporte de:
Descripción
Sumario:Climate change manifests itself in two ways: by the gradual change in climatic conditions, adverse to human activities, as well as dramatic, direct, extensive and serious events, such as storms, extreme temperatures, floods and droughts. The infrastructure developed by the State, in collaboration with individuals through concession contracts and public-private associations, is exposed to serious and extensive climatic events, as well as progressive climatic transformations, which compromise its stability and can cause the loss of usefulness of the aforementioned infrastructure. This article argues that, based on the case study of “4G” roads and their risk matrices, many of the road concessions that compromise important investments and the country's competitiveness are devoid of the foresight that the risk matrices of each contract, and in this way, climate change would lack management of the risk cycle and would be governed by the general regime of liability for unforeseen events and/or force majeure for these road concessions.