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Since 4 September 2012, the official beginning of the peace process between the Colombian government and the FARC (Revolutionary Armed Forces of Colombia), there has been much discussion about the possible application of the doctrine of command responsibility in the prosecution of international crimes by national courts. However, the scope of this doctrine, as developed in international criminal law, should be differentiated from the notion of criminal liability by omission under the Colombian Criminal Code (CCC). This paper explores the forms of criminal liability and the factual hypothesis that the doctrine of command responsibility covers. It also examines some decisions of the Colombian courts in which the notion of criminal liability by omission of armed force members is applied (especially with regard to the general provision contained in article 25 CCC), indicating some legal problems that have arisen in this regard. This paper seeks to demonstrate that the doctrine of command responsibility and the general provision of article 25 CCC, though closely related, are not the same. In doing so, it claims that Colombian courts should apply norms of the criminal code’s special part to cover some factual hypothesis which are not covered by article 25 CCC, but still fall within the scope of the doctrine of command responsibility as defined, for example, in the Rome Statute. Finally, it maintains that the confusion of these two regimes of criminal liability could lead us to transfer into the Colombian legal system some of the problems faced in the application of international criminal law. [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]

The present paper attempts to understand the process of resistance and struggle of the Colombian indigenous people Awá at the international level to confront the problems related to the Colombian internal armed conflict in the period between 2009 and 2014. In order to reach this goal, fieldwork with the Awá community in the Llorente district of San Andrés de Tumaco (Nariño Department) was indispensable, in which information gathering techniques were used as group interviews with leaders of the community, who contributed to the construction of this article. In this way, the writing demonstrates that the struggle of Awá indigenous people for the defense of their rights has been mediated by the creation of Transnational Defense Networks and the Subaltern Instrumentation of International Law in a context in which the political strategy of internalization of "the indigenous cause" has taken force. [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]

This paper results from research work performed on the enforceability of the Right to the Truth under Public International Law. This paper is intended to analyze the duties undertaken by the States regarding the compliance with this specific human right after serious violations of International Human Rights Law or International Humanitarian Law during non-international armed conflicts. The main purpose of this work is to demonstrate that States have no longer the discretion to handle post-conflict situations in breach of their international obligations regarding Human Rights. [ABSTRACT FROM AUTHOR]

With the adoption of the national status of domestic and international arbitration, Colombia took a big step in arbitration, the contributions of the Law 1563 of 2012 are novel for arbitration, especially regarding precautionary measures of different types, i.e., nominated and nameless. However, it is necessary to refer to the application, recital and practice of these measures can be taken in two periods: before and after being notified by the defendant in an arbitration process. However, the 1563 Act of 2012 presents a gap in the adoption of precautionary measures called early, so the Hotbed of Litigation in this paper makes a proposal based on international arbitration, to be regulated in Colombia this figure and so ensure that the arbitration process will safeguard effectively the rights recognized by substantive law, as envisaged in the General Code of Procedure and the Constitution of Colombia. This research figures such as the arbiters of urgency, the pre-arbitration and judicial support the theory of the referees as an open catalog of possibilities will be presented in front of experts in the field to take the best option refers to domestic arbitration is appropriate to the implementation of precautionary measures and anticipatory unnamed in the arbitration process in Colombia. [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]

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]

This document addresses Bilateral Investment Treaties (BITs) and the effect they have on the protection of intellectual property agreed between both parties. It examines the specific case of the BIT between Colombia and Spain, analyzing the specific clauses related to the subject. Finally, it concludes that for a country like ours, that is, a developing country (DC), it is more desirable to conduct debate and negotiations related to intellectual property in the international forums of the World Trade Organization (WTO), World Intellectual Property Organization, or even the Andean Community of Nations, rather than through bilateral relations as in the case of investment agreements. However, due to the government's trend toward BITs, this paper also concludes with a series of recommendations for the handling of intellectual property in this context and others to be considered in cases where there are claims by investors whose rights may have been infringed. [ABSTRACT FROM AUTHOR]