Abstract
Argentina’s expanding lithium industry exposes a constitutional tension between provincial control over natural resources, environmental protection, and Indigenous peoples’ rights. Although the National Constitution recognizes a healthy environment and Indigenous participation, implementation depends on fragmented regulatory institutions, access to environmental information, and timely remedies. This article examines how Argentina’s federal structure mediates conflicts among lithium development, Indigenous self-determination, and water protection. It employs doctrinal legal research and qualitative analysis of constitutional provisions, legislation, international instruments, judicial materials, and peer-reviewed scholarship. The article develops the concept of constitutional asymmetry in extractive governance: a mismatch between the formal recognition of rights and the institutional capacity required to make them effective. The analysis identifies four dimensions—normative, institutional, informational, and remedial—and explains how they may interact when mining permits, environmental assessments, consultation processes, and judicial review operate separately. It argues that provincial ownership does not displace constitutional and international obligations, and that project-by-project assessment may be inadequate where impacts accumulate across shared hydrological systems. The article proposes a rights-based framework linking cumulative water assessment, meaningful prior consultation, accessible environmental information, intergovernmental coordination, and effective review. It does not claim that all Argentine lithium projects violate rights; rather, it provides a framework for evaluating whether governance arrangements make constitutional guarantees practically enforceable. It concludes that the legitimacy of lithium development should be assessed through rights protection and accountability, not only economic benefits or formal compliance.
