Vacíos Normativos En La Legislación Frente Al Uso Y Aprovechamiento De Elementos De Tierras Raras Presentes En Las Cenizas Del Carbón

Abstract

This research provides a comprehensive review of the regulatory gaps in Colombian legislation regarding the use and exploitation of rare earth elements (REE) found in coal ashes—resources that have emerged as strategic assets in the current era of energy transition and digital innovation. The study is built on an in-depth analysis that spans geological, mining, and legal frameworks, arguing that although these elements are relatively abundant in the Earth’s crust, their historical low concentrations rendered economic extraction unfeasible. Technological advancements, however, have paved the way for innovative recovery methods that enhance both the concentration and profitability of REE, positioning them as key inputs for highly competitive sectors such as green technologies, defense, and telecommunications. Within this context, the research emphasizes the urgent need to establish a robust regulatory framework that not only promotes the responsible utilization of these resources but also ensures environmental security and global market competitiveness. Additionally, the study proposes strategies aimed at diversifying supply sources, reinforcing the value chain through strategic partnerships, and fostering a circular economy to guarantee comprehensive management of REE. The work aims to deliver a clear and pragmatic perspective that will guide both public policy formulation and private sector initiatives, transforming a traditionally undervalued resource into a cornerstone of the knowledge economy and technological innovation.