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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]

The paper is result of a research project on the impacts of globalization of law. The aim is to establish the role that has been taking the jurisprudence of international courts in internal judicial decisions, in particular the Court of Justice of the Andean Community -TJCA-, compared to some controversy in Colombia. It is a descriptive study with qualitative approach, which uses primary and secondary sources, using the literature review and case analysis techniques. It is conclude that the jurisprudence of international justice agencies has become very important within the domestic law becoming prevalent criterion of interpretation to perform constitutional control: for its side, TJCA jurisprudence is part of community secondary legislation of the CAN, which although not part of the block of constitutionality, it is mandatory for the national court to resolve a conflict between community law and the internal law. [ABSTRACT FROM AUTHOR]

The construction and maintenance of infrastructure has been identified as one of the main tools for economic development in Colombia. This requires huge amounts of investment. Recent economic studies in developing countries, such as Colombia, have shown that great part of infrastructure projects are financed through investment coming from the private sector. Of this, more than half constitutes foreign direct investment. Colombia has recently adopted a policy of openness towards foreign investment. Through International Investment Agreements, Colombia has committed to protect foreign investment following certain international obligations and standards. Great part of the foreign investment needed for the development of infrastructure in Colombia will fall under such investment agreements, and will thus be protected by the obligations agreed upon under said agreements. This paper seeks to describe how the actual obligations committed by Colombia are not always clear, and sometimes they introduce new concepts that are not well known in Colombian Law. This is the case, respectively, of the " fair and equitable treatment" and "indirect expropriation". Colombia should have caution in its governance of foreign investment, with a view of reducing the risk of being challenged under international arbitration that may result in multimillion disputes; even more in this era of financing projects through foreign direct investment. [ABSTRACT FROM AUTHOR]