abstract. The goal of achieving remediation for violation of collective rights is well matured in civil law and common law nations. Modern collective rights identified in an increasing number of constitutions in civil law countries include, to name only two: (1) the right to a safe and healthy environment; and (2) the right to preservation of public space. It is seen readily that collective vindication of such rights has the potential to sound in the common law themes of private nuisance and public nuisance. These collective rights and their remediation have recently acquired great importance in Latin America, due most significantly to their increasing inclusion in national constitutions and civil codes. To a degree, the same phenomenon has visited Europe, both at the level of the law of individual nations and in their current examination by a European Union Commission.

This chapter is based upon the foregoing, together with the congruence of certain of these collective rights with rights protected in the modern law of torts as recognized in one or another form in many common law and civil code nations. Adverting with special focus to the constitutions and the civil codes of Colombia and France, one approaches the question of how the process might work with these questions, among others, in mind: What are the limits of the judge to put into practice these rights? What is the popular action and how does it work? What other participative mechanisms exist to vindicate collective rights? What are the types of claims being presented currently?