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This paper attemps to analyze the consequences of the ethics of care in legal-political sphere. The proposals of a theory of moral development condition not only the individual but also his or her position in the framework of institutions and the international community. The paper first analyzes the contribution of the ethics of care and the differences with respect to the ethics of justice; it then focuses on the analysis of the field of institutions and international law, concluding with a snapshot of the current situation. [ABSTRACT FROM AUTHOR]

This article analyzes the strategies of cross-border cooperation that the Yoeme community (also called "Yaquis") in Sonora, Mexico, carries out with the support of the Pascua Yaqui Tribe in Tucson, Arizona, United States, for the strengthening of their autonomous rights. This paper employs an interdisciplinary methodology, using observation, interviews, and documentary analysis techniques. The results reveal a cross-border collaboration of the Yoeme group in the form of legal, cultural, and economic alliances that have allowed them to create new international spaces to demand justice and strengthen their collective ties. It is concluded that such collaboration must be based on their traditional and cultural normative framework supported by international human rights instruments to strengthen their autonomous rights of territory and water. The main limitation was the restricted access to Yaqui groups due to the COVID-19 pandemic. [ABSTRACT FROM AUTHOR]

The aim of the paper is to discuss the persistence of the armed conflict in Colombia. This work starts from the premise that despite the alleged demobilizations of armed groups, terrorist actions remain, with the same weapons and practices typically implemented for those groups. This phenomenon has being identified by the authorities as Criminal Gangs (Bandas Criminales). The paper claim, that Crimes perpetraded by members of these gangs has been missinterpretated, because the criminal offence are conducted for cause, on occasion or in direct connection with the armed conflict. Terrorist acts and crimes against humanity continue occuring alongside of Colombian territory. In conclusion, Criminal Gangs (Bandas Criminales) must be repressed and sanctioned by the Colombian State and eventually by the International Criminal Court. [ABSTRACT FROM AUTHOR]

Objective/Context: This paper analyses critically the integration model proposed by the Pacific Alliance (PA) from the perspective of the legal foundations of Colombia's foreign policy, in order to determine the degree of normative convergence between the Colombian constitutional order and this particular trade agreement. Methodology: This research uses legal technique and case-law analysis as research methodologies, offering a detailed panorama of the normative development of the PA and its relationship with the constitutional requirements regulating the international relations of Colombia. Conclusion: Despite being at an initial stage in relation to its normative and institutional structure, the PA has emerged as a second generation regional trade agreement (RTA), which complements its commercial trajectory with political, social and productive integration agendas, promoting the diversification of international economic relations of its members without altering or modifying their sovereign powers. The above allows to show its compatibility with the constitutional mandate pro integratione, particularly in regard to the ideal of promoting the internationalization of Colombian economic relations with countries of Latin America and other world regions. Originality: The proposed approach has theoretical and methodological originality inasmuch as there are no previous studies analyzing the legal and normative nexus between the interests of Colombia's foreign policy and the PA. Its relevance lies not only in the validity of the issue in question, but also for scenarios of reflection on the participation of the State in trade agreements or regional integration schemes. [ABSTRACT FROM AUTHOR]

Good relations between Argentina and Uruguay were disturbed in 2003 due to the project to build two cellulose manufacturing plants for the paper industry on the left side of the Uruguay River, which marks the frontier between these countries. Argentina claims that with the unilateral authorisation of the plants, its neighbor violated obligations assumed by virtue of general international law (including environmental norms) and the 1975 Statute of the Uruguay River. The apparent, official irregularity was met with actions undertaken by groups of Argentine citizens, who blocked the bridges that connect the two countries. For its part, Uruguay has condemned the lack of action of the Argentine government regarding the blockages of the roads, which severely harmed the Uruguayan economy. In the face of these situations, this work presents an analysis of the responsibility incurred by these two countries as a consequence of the breach of international obligations. The work concludes that, in both cases, there were deficiencies regarding the due diligence expected from both governments in terms of the principles of contemporary international law. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to explain the "new" regime of allegation and proof of foreign law in the Spanish courts following the International Legal Cooperation in Civil Matters Act. Since foreign law has historically been considered by our jurisprudence as a "procedural fact", the Law of International Legal Cooperation comes to enshrine this system in art. 33. [ABSTRACT FROM AUTHOR]

In the context of the "Matter concerning the immobilization of three Ukrainian warships (Ukraine v. Russian Federation), Provisional Measures", this paper analyzes the provisional measures, as an incidental procedure, and, in particular, the main ways that the International Tribunal for the Law of the Sea (TIDM) must travel within the framework of paragraph 5 of article 290 of the Convention. In particular, it is about examining state declarations formulated in light of article 287 of the Convention; the prima facie jurisdiction of the Arbitral Tribunal set forth in Annex VII of the Convention, including its intricacies such as, for example, the position of Ukraine and the Russian Federation with respect to the Convention and other legal norms presumably applicable to the case; the legal conditions that underlie the prescription of provisional measures; and finally, the fulfillment of such measures. [ABSTRACT FROM AUTHOR]

On 31 December 2020, Regulation (EU) No 1257/2013 on ship recycling will become fully applicable in all of its provisions, culminating on that date the progressive implementation process set out in its Article 32. This paper aims to summarize in a systematic basis the key elements of the Regulation. [ABSTRACT FROM AUTHOR]

The paper examines seven philosophical conceptions of freedom -including the distinctions between positive and negative liberty, and liberal and republican liberty-, exemplifying them with great authors in the history of philosophy. On the other hand, in order to enrich the vision with a concrete legal document, we examine the Ecuadorian Constitution of 2008. The central aim of the research is to probe the use -made by those who participated in the drafting of that Constitution- of philosophical ideas concerning liberty in its threefold relation to: 1) values, such as common good and equality; 2) the correlative duties imposed on individuals and the society at large with respect to the holder of the right to freedom; and 3) the state and its laws. We hope that the results provide greater clarity in those debates of normative philosophy in which freedom is involved. [ABSTRACT FROM AUTHOR]

In this paper, I defend the stance that republicanism --in comparison to other central notions-- has not been interpreted as one of the main traits that characterize Kant's legal and political philosophy. A plausible reason for this is that Kantian republicanism has not occupied a prominent place in the republican narratives, historiographical or systematic, that are dominant in contemporary discussions. To my mind, the reason for this is that some innovative characteristics in the Kantian republican enterprise are at odds with other republican philosophical projects. Here I discuss some distinctive traits of Kant's project regarding his conceptions of the rule of law, citizenship, political authority, free speech, and international law with the aim of showing that they are an integral part of a political and legal theory that is still attractive and compelling. [ABSTRACT FROM AUTHOR]

The aim of this article is to provide the reader a documentary record on the subject of the technological infrastructure and the knowledge management of big data analytics and their relation to human rights. Currently, human rights violations around the world due to the indiscriminate use of big data analytics is a constant, since the information that is generated every day and every second by the use of technological devices --such as smartphones-- makes possible the collection of information, that goes from consumption data to even private information, such as religious opinions or biometric data. Human rights violations due to big data analytics starts by the way personal data is collected and treated. Sometimes people do not know how their data are being processed, stored or used. As a result of the analysis, it was observed that several articles, books and papers refer to personal data and privacy regulations, focusing in the regulations of the data mining conditions. Despite, those regulations, it can be observed that big data analytics could allow a wide margin for infringement of not only the human right to privacy, but also of another human rights; for instance, through actions that promote racism, the creation of blacklists, the promotion of segregation and the limit of the freedom of speech, just to mention some examples. [ABSTRACT FROM AUTHOR]

This paper analyzes the hierarchy of international treaties on Human Rights and the sentences of the Inter-American Court of Human Rights in accordance with the rules of the Argentine constitutional system. In this regard, the existence of a margin of appreciation in favor of national authorities --legislative and jurisdictional-- regarding the interpretation and application of international law is maintained, in the same way that there is a margin of provincial appreciation with respect to the federal government. [ABSTRACT FROM AUTHOR]

In order to increase the legal certainty of the international contract, the applicable law to international contract should be highly foreseeable. To reach it, the States have been implementing uniform substantive legislation and uniform conflict of law rules. However, domestic conflict of law rules, in countries such as Colombia, still unfortunately play a leading role. The hierarchy and application of these provisions represents a huge challenge for the Colombian´s courts. The main objective of this paper is to establish the criteria that the Colombian judge must follow to determine the applicable law to international sales contract. [ABSTRACT FROM AUTHOR]

Since the war in Syria started in 2011 it has caused a series of conflicts and disturbances in the Middle East. Among its most serious consequences one may find is the forced displacement of millions of the Syrian population crossing regional and international borders searching for a safer place. There are thousands of undefended and unaccompanied minors among this population. This paper analyses the legal protection for these minors under International Law, paying special attention to the situation of Syrian refugee minors. [ABSTRACT FROM AUTHOR]

Migration is a natural and historical social phenomenon as old as human existence. While an increasing number of people live in a country other than that where they were born, and this could be seen as a positive effect of globalization, the truth is that today there are approximately 74.8 million individuals in the world (asylum seekers, refugees, repatriates, internally displaced and stateless people) in the care of the United Nations Refugee Agency (UNHCR) whose rights are at risk. This figure includes population groups with legal treatments differentiated by international law. However, since large-scale human migration makes it difficult to differentiate the economic migrant from the refugee, this reflection papers aims to explore, from the analysis of and respect for the principle of equality and non-discrimination, the current situation of migrants in general -understood as those who move out from their countries of origin- and some recent efforts to make the universal protection of migrants a reality. [ABSTRACT FROM AUTHOR]

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 analyzes the legal regime that involves international cooperation in the field of outer space, regarding its exploration. It aims to show the different types of cooperation, as they have been historically developed for the needs of the countries involved in the creation of the Law of Outer Space and its aftermath. To do this, this paper bases its content in doctrine and the various treaties and resolutions identified by the United Nations as of vital importance for this issue. Additionally, it draws attention to the problems that this type of legal developments has led and some possible solutions to these, which assures the space exploration through the principle of international cooperation. [ABSTRACT FROM AUTHOR]

The objective of this research is to demonstrate how international human rights protection organizations have contributed to the construction of mechanisms of political legitimacy, extending the scope of protection of States not only to their citizens, but also to all persons residing or transiting through their territory. This paper will demonstrate how migrants have benefited from international legal instruments for the protection of human rights, insofar as they have contributed to the consolidation of a neoconstitutional and democratic state of law in the nations that have opted for their application. [ABSTRACT FROM AUTHOR]

This paper analyzes the current state of fisheries, revealing the serious problem of overfishing for the future of humanity, as per current statistics on global and local fisheries included in this research paper. In that sense, the question is approached from a global perspective and later focuses its attention on Argentina with regards to specific issues. Throughout this paper, certain topics may be addressed that could be of interest in outlining strategies for solving related issues, such as subsidies to the fishing industry, satellite monitoring and, particularly, controlling of fishing vessels, which is a key tool for this sector. Although this matter is currently under discussion in economic, political and legal forums, ultimately referring to international law is inevitable because, in the author's opinion, it holds the key to solutions to the important looming problem, which paraphrasing the report of the Brundtland Committee, is that of “Our Common Future." [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 New York Convention of 1958 on the Recognition and Enforcement of Foreign Arbitral Awards sets out, on the one hand, the reasons why an arbitration award may be totally or partially set aside and, on the other hand, it determines in which cases the recognition and enforcement of foreign arbitral awards may be refused. In this regard, it is worth noting the problems that may arise in relation to the awards that have been set aside or suspended by a competent authority of a State in which, or under the law, has been issued such arbitral award. Hence, as it can be understood from the wording of the New York Convention, some discretion is granted to States in order to determine whether or not their legal systems may recognise and enforce an award that has previously been set aside. This paper will analyse in the international context to what extent the annulment of the award constitutes a real obstacle to the satisfaction of the interests of the winning party in the arbitration proceeding. [ABSTRACT FROM AUTHOR]

This paper aims to know the history and the international historical evolution in the recognition of the rights of the child and the origin to the principle of the best interest of the child through the dogmatic method to understand its meaning, nature and scope that gave origin to this into international law for the protection of the rights of children. [ABSTRACT FROM AUTHOR]

This paper deals with the emergence of private authority in contemporary global governance through the role taken by global law firms in the management of a particular international regime, such as the international investment arbitration. The aim of the research is to demonstrate the presence and influence of private actors in managing global agendas, issues, and affairs. Such role derives from their consideration as authorities of private nature. ICSID arbitrations related with the 1999-2002 Argentinian crises are the case study in order to illustrate the presence of private authority in the direction of an international regime. [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]

The paper analyzes the amendments that took place on Kampala regarding the crime of aggression, under the Rome Statute of the International Criminal Court. In particular, the author studies the definition of the crime, its jurisdictional filters, the elements of the crime and the understandings adopted at Kampala. The paper concludes by reviewing the United States of America's involvement in connection with the adoption of the crime of aggression, and suggests potential future strategies for engagement with the international community, after Kampala's agreements. [ABSTRACT FROM AUTHOR]

In this paper we will reflect on the so-called cultural diversity of modern societies and their legal recognition (legalpluralism). Also, they discussed about the legal structure that has characterized the constitutional culture in' societies like Mexico, particularly regarding the reception or not of the legal culture of community roots practiced by indigenous peoples. Both ideas allow us to watch regulatory changes that the Mexican mono-ethnic nation-state has had in order to consolidate a society where democracy and identity are not exclusive. In this paper, we give priority to track the formation of international law on indigenous peoples. [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]

In the past decade, the WTO legitimacy has been decisively contested by international law experts and civil society. This has been due to the lack of democratic representation in the organizations decision making process as well as to the prevalence of corporate interests embedded in the trade liberalization project over the international communitys most pressing issues. In response to this legitimacy crisis, experts on international economic law have proposed the constitutionalization of the WTO. This paper aims at discussing the three main approaches of the constitutionalization debate: (I) the institution-based approach; (ii) the rights-based approach; and (iii) that based on the Appellate Body judicial activity. However, as this paper discusses, these debates do not contemplate adequate means to overcome the democratic deficit at the WTO by ignoring. amongst other issues, the establishment of effective participation channels for non state actors within the organization, which could strengthen its legitimacy. [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]

This paper addresses one of the major legal issues concerning the debate about the legal value of the Universal Declaration of Human Rights (UDHR): Is the UDHR ius cogens? The authors explain legal problems related to the concept of ius cogens in order to show that the Universal Declaration cannot be classified as an imperative rule of law, even though some of the prohibitions that are implied in the UDHR have this nature. The authors present the dangers of the trivialization of the concept of ius cogens and the importance of preserving its essence as a rule that does not support repeal of any kind and under any circumstances. This paper searches to reject all the interpretations that would unduly expand the content of the concept of ius cogens, which is contained in article 53 of the Vienna Convention. [ABSTRACT FROM AUTHOR]

This paper addresses one of the major legal issues concerning the debate about the legal value of the Universal Declaration of Human Rights (UDHR): Is the UDHR ius cogens? The authors explain legal problems related to the concept of ius cogens in order to show that the Universal Declaration cannot be classified as an imperative rule of law, even though some of the prohibitions that are implied in the UDHR have this nature. The authors present the dangers of the trivialization of the concept of ius cogens and the importance of preserving its essence as a rule that does not support repeal of any kind and under any circumstances. This paper rejects all interpretations that would unduly expand the content of the concept of ius cogens, which is contained in article 53 of the Vienna Convention. [ABSTRACT FROM AUTHOR]

The tenets of the traditional international law discourse are showing incapability to cope with the normative demands of global societies (both in Global North and South). This situation is originated in the foundations of the discourse itself. The paper identifies two of these: enlightened contractarianism and legal positivism. It argues that the traditional discourse extracted both of these foundational discourses from a whole different context from where they are at first invented to explain political realities within the Nation-state. As a parallel, it shows the failed transplant from the Nation-state level to the International Law level. In the second part it presents some characteristics of the new global order. Instead of discussing its details (thus it cannot be affirmed that it has any definite form) it emphasizes in the importance of not going backwards in theorical terms. It recommends not choosing discourses that, even though they may seem new, are inspired in the same abstractions that once -and still- gave foundations to international law's traditional discourse. The paper argues that the understanding of law in the era of globalization -in what's possible- should renounce to the calm provided by apparently coherent discourse that defend normative unity, and create discursive legitimacies with few anchors on reality. [ABSTRACT FROM AUTHOR]

The paper deals with the growing international presence of cities, motivated by globalization. It focuses on the main signs of that presence, and it stresses on the fact that self-government law is not anymore a internal matter of the States but is starting to be regulated by some international treaties (like the European Charter of Self Government) or -not yet through a treaty- by the UN. The paper concentrates also on how international human rights law is somewhat being adopted, even ratified, by some cities. International commercial arbitration (in bilateral investment treaties or in NAFTA) has a bearing on self government, when claims are brought by investors against a State about decisions or omissions of a municipality. All this is provoking some disruptions in international law, as well as in national law, mainly because only States have so far been recognized as international actors from a legal standpoint. The paper tries to face some of the legal problems that arise from this relatively new situation. And it draws some conclusions about the effects of globalization on local self government (both with respect to the central political powers and with respect to the markets). [ABSTRACT FROM AUTHOR]

UE private international law, spanish plurality of civil laws and interlocal law system. Several different systems of civil law coexist over the Spanish territory. That fact gives occasion to conflict of laws which are to be solved through a number of special rules named "Derecho interregional" (interlocal law). The plurality of civil domestic laws in our country also determines specific conflict of law problems when "Spanish" law is called to govern private international relationships. This second set of conflicts is regulated by Private International Law rules: sometimes with support of the "Derecho interregional", sometimes without. In this paper we analyse whether EU conflict of law rules may also play a role when confronting the difficulties caused by the plurality of domestic civil laws in the international, and (and that's new) also in the internal arena. Exemplifying through hypothesis that could easily become future realities, we try to draw the regional legislator's attention to the fact that local civil law systems could be born with its scope already affected both by the interlocal law system and the EU conflict of law rules. As main example for the research we have chosen the subject of international succession in the field of the Green Paper Successions and Wills. [ABSTRACT FROM AUTHOR]

Criminal Law cannot be understood without a permanent reference to the Criminal Procedural System. At present, the system that best represents the dogmatism of Criminal Law (the German system), which greatly influences countries in the region, is gradually adopting institutes typical of common law. As a result, both the negotiation and the opportunity principles were introduced into the German and Portuguese criminal systems. This paper analyzes different methods of reaching a consensus: some of them include negotiation between the prosecutor and the accused (plea bargaining), in some others, the accused is allowed to participate in his/her own defense (conciliation or transaction), as well as those that allow the provisional suspension of the criminal process in exchange for suitable compensatory measures (compensation for damages). In addition, this paper favors a proposal which is more compatible with the governing principles of Material Criminal Law. The article's main objective is to compare the two most elaborate criminal systems in continental Europe in order to encourage discussions in relation to the procedural criminal system in Uruguay. This system, which will be explained in detail in the following pages, requires immediate substantial changes, given that it contains some observations regarding the principles and rights that should exist in the Criminal Process of a Democratic Rule of Law. [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]

Public international law sources (hereinafter, international law or DIP) are binding for states mediating their consent. In the case of the main sources of DIP, namely treaties, customary, unilateral legal acts and general principles of law, it is clear the need for mandatory consent for its compulsoriness. Regarding the sentences of international tribunals, and according to Article 59 of the Statute of the ICJ, its obligation is, according to explicit text, binding to the states involved in the controversy addressed by the sentence that resolves it. Which expands to the entire judiciary in the international arena. In this paper, the obligation will be discussed, namely, the character of source of law for the content of the judgments of the Inter-American Court of Human Rights (hereinafter, the Court or CIDH), for those states not part to the dispute: effect erga omnes the judgments of the Court. [ABSTRACT FROM AUTHOR]

The aim of this paper is to examine whether the protection of elderly people with an intellectual disability by the done-guard --the most frequently used legal mechanism-- is adequate to protect the personal and financial interests of these seniors and, if the legal treatment given to this figure in the Spanish law meets the objectives set out in art. 12 of the Convention on the Rights of Persons with Disabilities and its Optional Protocol, adopted on the 13th of December 2006 by the United Nations General Assembly. [ABSTRACT FROM AUTHOR]

The principle of the autonomy of the contract will in the choice of procedure law is an axiom in international trade disputes. Nevertheless, in several legal systems there are restrictions to this principle residing in the public policy. It is possible to identify the principles of public policy such as those that inspire a particular jurisdiction and are an echo of the fundamentals values of a society. The concept responds to a general idea of the supremacy of society over individuals. This paper purports to demonstrate the prevalence of contractual intent over the so-called lex arbitri at the transnational level. The methodology used is documentary. [ABSTRACT FROM AUTHOR]

The main objective of this paper is to present the characterization that the Inter-American Court of Human Rights (iachr) has made through its decisions of the concept of conventionality control and the implementation of this concept in Colombia. In particular, we aim to demonstrate that the development of this concept in the decisions of the Constitutional Court and the State Council has had a breakthrough in terms of normative integration of the Inter- American corpus iuris with domestic law. However, our courts have been shy to express the supremacy of international standards on all national laws, and because of this, they have prevented the construction of a conventionality control of the laws that goes far beyond the traditional constitutional control. [ABSTRACT FROM AUTHOR]

This paper analyzes the flaws present in article 11 of the 1979 Moon Treaty, which imply a number of legal loopholes that compromise the basic principles of space law, hindering the development of scientific and economic activities in outer space. It aims to contribute new legal alternatives able of circumvent the current legislative omissions that regulate outer space resource extraction, preventing international conflicts, and providing the legal certainty required to boost research and investment in outer space. [ABSTRACT FROM AUTHOR]

This paper analyzes the system of comprehensive protection of human rights of children and adolescents, with the purpose of reviewing the legal order Venezuelan constitutional and legal recognition of the universality, progressiveness and preeminence of human rights, especially the respect for the rights and guarantees that assist as subjects of rights, progressive legal capacity, to the extent of their development as citizens. It uses the method of document analysis. We conclude that Venezuela faithful to the commitments made through treaties, covenants and conventions on Human Rights has been incorporated on children and adolescents the principles governing the doctrine of integral protection as legal rules through Law for the Protection of Children and Adolescents (LOPNA, 2007), with the feature of creating a national system for the Comprehensive Protection of Children and Adolescents, with the challenge of ensuring adequate fully effective protection of their rights human. [ABSTRACT FROM AUTHOR]

This paper is an exposition about the theory of justice of Fernando Vázquez (1512-1569). In particular, is a study of the nature of ius gentium (or international law), the principle of freedom of the seas and the natural law. Vázquez is one of the main authors of the Spanish Neo-scholastic. Even he is considered as the most important jurist of The Salamanca School. So, I think, the exposition of her doctrines has a special interest, for the historians and philosophers. [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 paper addresses the problem of global or international justice against the background of Rawls's Law of Peoples. The idea is to challenge Rawls' principles of international justice facing current issues of climate change at the global level, specifically in relation to the possible harm done against the territory of the Republic of Kiribati. [ABSTRACT FROM AUTHOR]

After briefly mentioning some of the most outstanding characteristics of the gender perspective, this work analyzes the deep mutation of human rights in the last few decades, particularly because of the way it has influenced international law. In addition, the latter has become increasingly important and its content increasingly influential to internal laws. then, in an effort to make this phenomenon more understandable, the text develops a proposal that analyzes the structure of legal state organization from Norberto Bobbio's "classical" positivist perspective. After, it explains our current situation and some of its scopes and adds the new legal elements stated in this paper. [ABSTRACT FROM AUTHOR]

The right to truth, as a legal concept, has emerged in different national, regional and international settings of human rights protection. It refers to the state's obligation to provide information to the victims, their families, and the society as a whole, about the circumstances in which gross human rights violations were committed. The truth is analyzed, therefore, as the consequence of a process involving the search of justice and the issue of rulings that have a merely reparational goal. However, for the safeguard international systems, this right has not been clearly recognized, at least in a conventional manner. Its mention in these systems is limited and ambiguous. Therefore, this paper aims to study how the Human Rights Inter-American System has defined the right to truth, taking as study case the El Mozote Massacre, which took place in El Salvador in 1981. This event still today remains unpunished, leaving the Salvadorian society without justice or reparation, but fundamentally without memory. [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]

With strong resonance across cultures, the word “dignity” has be)come increasingly prominent in international law and in discussions of global justice. It is used in two distinct but closely related senses. In one sense, dig)nity is a high worth which all human beings possess as human beings and which commands that they be treated with respect and consideration. In an)other sense, dignity is a characteristic of human lives that, for many, remains yet to be achieved. Because human beings have dignity in the first sense, it is imperative to enable them to lead a life with dignity. This paper explicates the two related senses of “dignity” and explores how they can inform and support a conception of global justice and efforts at its realization. [ABSTRACT FROM AUTHOR]

This paper analyses the Consultative Council Inform of 15th December 2010 about the inobservance of the EU Law caused by a Comunidad Autonoma and its effects. The Consultative Council examines all the possible mechanisms that could be used by the State to prevent and to act in case of a violation of EU Law. [ABSTRACT FROM AUTHOR]