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The development of cyberspace law poses a challenge to the traditional borders of law. The increase of activities and business deals on the internet has awakened the interest of lawyers, civil servants, businessmen, and scholars regarding the manner on how to determine internet jurisdiction. The goal of this paper is to establish the criteria for determining jurisdiction that are being used by courts when they have to resolve cases on the internet. The paper analyses academic literature and selected cases in the US, Europe, Colombia, and the world with qualitative and inductive method, using primary and secondary sources, documentary review, and direct observation techniques. The conclusions are that: 1) Differences between common or civil law systems seem to be disappearing when new rules emerge to establish jurisdiction on the internet; 2) An alternative use of both new online and traditional offline rules is observed in resolving cases by the courts, especially in the US; 3) International cases suggest that courts have applied traditional rules rather than online rules like the Zippo test, Calder tests, or the mere accessibility among others; 4) European (Germany, Netherlands) and the Colombian cases show that they prefer use offline criteria, although we can find some online rules. [ABSTRACT FROM AUTHOR]

Within the field and practice of White-Collar criminality and litigation in the transnational sphere, the us Foreign Corrupt Practices Act occupies a central role. When a corporation bribes a foreign public official, the FCPA as well as local Penal Codes will be violated. Therefore, an individual and/or corporation could eventually be prosecuted by local authorities and the us Department of Justice under the FCPA. This presents double jeopardy and collateral estoppel issues, which this paper will address. Furthermore, this paper will focus in Latin American comparative criminal law, to analyze the influence that could - or should- be exerted over the DOJ with transnational white-collar litigation strategies. Primarily this paper suggests that active involvement of corporations in local prosecutorial efforts in Latin America can bring beneficial consequences in DOJ conducted FCPA investigations. [ABSTRACT FROM AUTHOR]

This paper studies the legal validity of the fast track constitutional amendments (FT). First, the work analyses the concept of legal validity and highlights the next notions: membership, legal applicability and moral applicability of the legal rules. Later, the author argues that FT does not fulfill with two necessary validity conditions to constitutional amendments in Colombia: its democratic character and the constitutional rigidity. Lastly, it is concluded that FT only could claim moral applicability but in this sense FT are legally irrelevant. [ABSTRACT FROM AUTHOR]

This paper explores the discussion about the international legal status of the "Acuerdo Final para la Terminación del Conflicto y la Construcción de una Paz Estable y Duradera" and the legal effects that such status would produce under constitutional law in Colombia. Thus, it analyses the scope of public international law sources with the aim of evaluate if the beforementioned Acuerdo complies with the requierements in order to be considered a legal source under public international law. [ABSTRACT FROM AUTHOR]

This paper addresses the important role of domestic justice in the protection of the right to access to international justice, and in our case Inter-American justice. Within this purpose, the text explains the existence of a right to an effective international remedy in the Inter-American Human Rights System, and describes some of its peculiarities. Also, it shows the importance of national justice in the effectiveness of the international remedy and addresses certain issues with regard to the implementation of international judgments in the domestic sphere, considering that international rulings are binding and have the same nature of national judicial decisions. Finally, the paper deals with some reflections on possible internal remedies to comply with international rulings in Colombia. [ABSTRACT FROM AUTHOR]

The applicable law to the International Contract of Distribution of the European Union presented a lot of difficulties under the application of the Rome Convention of 1980, subsequently this uniform legal norm required establishing the law applicable to the international contract, to identify the characteristic performance in such legal relationship. The characteristic performance of the distribution contract could not be determined in a uniform way, because some of the courts of the Estates which made part of it understood that it was carried out by the distributor, others maintained that is was the grantor of the merchandize, while others considered that this contract could not be established under characteristic performance theory. The Rome I Regulation from the European Union has made important modifications regarding determining the applicable law to this contract, since it has established in a rigid and direct way the norm of the habitual country of residence of the distributor for this legal relationship to be applied. The present paper pretends to analyze if the rigid determination of the law applicable to the distribution contract in the Regulation of the European Union Rome I, manages to solve interpretation problems presented on the Rome Convention of 1980, bringing legal certainty through the foreseeable applicable law to the international contract. [ABSTRACT FROM AUTHOR]

This paper is an approach to the way major law schools in Colombia seem to "react", according to what we understand by "globalization". To this effect, a critical view of the conventions around globalization will be addressed, from general or transnational legal theory, to then provide an overview of the curricula of the universities, as we have seen, may be representative of the national experience. The methodology we have used is a comparative analysis of the curricula of selected universities, we have examined what schools offer courses that can contain a global view of the law, and which have dominance in the "vocational" or "black box" subjects. The conclusion presented accounts for the preponderance with local subjects and are entrenched in the particular legal theory. [ABSTRACT FROM AUTHOR]

Most of the analyses on court ruling T/025 of 2004 have been centred on the conditions necessary to overcome the unconstitutional state of things regarding the situation of displaced people. In this sense, attention has been focused on the ruling's direct and indirect effects on institutions, and on improving their capacity to fulfil the rights of displaced people. Nevertheless, this type of studies has overlooked the day-to-day implementation of the measures set by the Government in order to comply with the judicial orders included in the ruling. For this reason, the present paper presents the results of a field research carried out in the neighbourhoods of Bosa and Soacha (in Cundinamarca, Colombia) where displaced and host populations coexist. These reveal a series of disregarded effects in the daily lives of these people resulting from the execution of forced displacement public policies. [ABSTRACT FROM AUTHOR]

This paper intends to explore the relation between foreign investment and forced Migration in the context of Colombian armed conflict. Through the illustration of recent cases, it shows the various forms in which the operation of multinational corporations has generated adverse effects to the vulnerable communities located at their area of influence, thus generating processes of involuntary human mobility. In that way, it is established that there is a symbiotic relation between conflict and development, affecting the structure and scope of the norms for both the protection of forced migrants and accountability for human rights violations. This is so because there is an economic interest that constrains the recognition of the above-mentioned cases under such legal sphere. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to analyse the rules that state the law to be applied to international contracts. The author reviews Conflict of Laws established in the Colombian Civil Code and the Colombian Commerce Code, drawing comparisons with conflict rules that have been established in modern international instruments. Such instruments include Regulation (EC) 59312008 of the European Parliament and of the Council of 17th June 2008 on the law applicable to contractual obligations (Rome I), and the Inter-American Convention on the Law Applicable to International Contracts, as well as others that make up the Uniform Law of International Trade such as the UN Convention on Contracts for the International Sale of Goods. Through analysis of the aforementioned comparisons, interpretive guides are suggested that go beyond the inflexibility and gaps in Colombian legislation. It is presented in a way that seeks to aide, in the most helpful way possible, the needs of those involved in international trade. [ABSTRACT FROM AUTHOR]

This article is a result of the line of victimology of the research team "Estudios de Derecho Público" (acknowledged by Colciencias - "A" category). It is a reflection paper that focuses in its first part in the historical oversight of victims, to further board the subjects referring to the necessary change of perspective in the Colombian criminal justice system in reference to victim's rights, in accordance with the Colombian constitution and with the international law of human rights. Finally, it refers in a specifically to those rights: access to justice and fair treatment, restitution and compensation, assistance and peaceful coexistence. [ABSTRACT FROM AUTHOR]