Search

This paper takes some statistics of judicial decisions on action of protection presented in Colombia in 2021. With respect to these decisions, the article tests the independence of the second instance decision (appellate court) with respect to what was decided by the first instance judge. Based on these results, the paper proposes a modification of the rule under which such actions of protection should be selected for review by the Constitutional Court. [ABSTRACT FROM AUTHOR]

This paper seeks to expose an analysis from the dogmatic of the figure of trust in Colombia in attention of the prerogatives that the Entrepreneurship Law carried out on some public trust, in order to make evident the practical and technical impossibility of carrying them out under the current legal framework. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to analyze the design of the public policy of the Administration of Justice 2017-2027 in Colombia, specifically, in its components of public information and ICT. For which, the theoretical foundations of two disciplines that have gained relevance for research are used for impact and better understand the behavior of citizens: public policies and behavioral economics. The first provides support and structure to the analysis, while the second allows for a focus on the cognitive biases that humans exhibit when making decisions, which is extremely useful for any policymaker and executor. The methodology used will be of a qualitative type with a historical-hermeneutical character. Finally, the need to rethink aspects of the digital component of the aforementioned public policy will be evidenced so that, from its design, it is more effective and closer to the citizen. [ABSTRACT FROM AUTHOR]

The objective of this paper is to present succinctly the Social Choice Theory and some of its implications. Kenneth Arrow, its founder, does not believe in the impoverishing distinction between economics and ethics. He makes explicit the philosophical reflection on the intersection between ethics, politics and economics. First, some issues of the aggregation of individual preferences in a social welfare function are addressed; the following section analyzes the distinction between individual and collective values that play a central role in the choice process. Then we address the problem of collective action and the limits of voting systems; and, finally, some concluding remarks are stated. [ABSTRACT FROM AUTHOR]

This paper presents the problem that arises in the absence of a specific definition of what is understood by "cryptocurrency" and "cryptoactive", and the legal effects that this may bring when seeking a regulatory intervention regarding said figure. A comparison between currency and "cryptocurrency" is made from its elements, and the problems of the indefiniteness of the figure are shown based on the legislative projects that have been presented before the Congress of Colombia. [ABSTRACT FROM AUTHOR]

Colombian law used to provide that parents had to register children with their fathers' last names as the first one. In November 2019, Colombian Constitutional Court held that such rule was against the equal treatment of genders, allowing parents to register a child either with the father's or the mother's surname. This research, based on a game-theoretical approach as well as on models of the economic analysis of family law, applies such notions, lege lata, to the new rules allowing parents to bargain over property rights on their children's last names, focusing on married parents or in those who live together under similar arrangements. The paper also models such bargaining as both a battle of the sexes and a chicken game. Such approach offers new insights not only as to new case law's effects but also, and more generally, regarding the economic analysis of marriage and other family law issues. The text concludes that the bargaining over children's last names may be very complex not due to legal reasons but because of economic grounds such as a bilateral monopoly between parents and the fact that a last name is an indivisible object that is not traded in a traditional market. [ABSTRACT FROM AUTHOR]

This paper develops a review of contracts on human organs from the Economic Analysis of Law perspective. Using tools of the Law and Economics, a critical position on the conception of the issue and the dominant legal framework is adopted. This stance is taken to analyze the legalization of organ transactions through the design of a regulated market, commenting on the potential advantages that this would bring over an absolute prohibition. [ABSTRACT FROM AUTHOR]

International Economic Law (IEL) is a fluid topic, and it has changed significantly over the course of years. It has never been a steady system and just as in all fields of the Law, IEL has been fluctuating in response of the social and economic circumstances of a determined period, and this determinant feature has enabled IEL to adapt itself over time. It has always been human action, thoughts and ideology what built the social and international basis for the development of IEL. The 2020 pandemic was certainly one of those events that changed drastically the circumstances of a determined period. It established a "new normality". Nevertheless, it is understood that what is "normal" is a concept that also fluctuates over time and result from the consensus of a of certain period. What is normal today has might not be so normal in 30 years. What was normal 50 years ago might not be normal today. However, IEL seem to disregard this fact: most of the Public International Law institutions have been created within a system of nation-States orchestrated centuries ago with the Westphalian Treaty and praising Multilateralism. And even though IEL pretends to solve the international issues that may arise through an outdated vision, Multilateralism proved not to be as efficient or as consistent as it supposed to be, especially in the transnational battle against COVID-19 pandemic. Adjustments or updates may be conceivable. Despite IEL mutable conditions, most of the core ideas, assumptions and postulates of International Law has been challenged since the emergence of technology as a medium for international human interaction. This fact altered Public International Law as Private International Law. One significant example is International Commercial Arbitration, whose legal framework is based on a Treaty from the 50's and whose most popular Model Law of its field comes from the 80's. Perhaps an update is required here too. The 2020 pandemic provoked an unprecedent break in the international contractual chain, cracking the supply chain worldwide. The legal munitions to face these massive international contractual breaches were the legal remedies designed precisely to deal with contractual underperforming or breach when an external factor rendered the contractual obligation too expensive or simply of impossible performing. These legal remedies came from two sources: from soft law and hard law. The lack of uniform hard law legal remedies resulted in different solutions to a same international contractual problem. And albeit IEL acknowledges the cultural and sociological differences that exist in the distinct domestic jurisdictions, it advocates for uniformity and predictability. This paper does not provide magical solutions for these problems; it prefers to expose some of these international issues concerning the future of IEL in an objective manner in lieu of the current indifference on them. [ABSTRACT FROM AUTHOR]

This article studies the phenomenon of blockchain technology, analysing a new legal framework that is unknown and, to date, in full regulatory development. In order to understand the disruptive nature of this new trend in the current and foreseeable future market, it details the process known as "tokenisation of assets", its evolution, and the advantages and difficulties presented by these cryptoassets. To such an extent has blockchain technology shaken the regulatory market framework known until now, with the creation of the Metaverse, that virtual reality is being marketed by major companies worldwide as a showcase for their new products. Although there is some regulation of crypto-assets, this is a booming phenomenon whose current regulation is no more than an analogical application of current legislation when it comes to understanding this new international economic model. In the same sense, this paper analyses the so-called "fan tokens", from their basic concept to their evolution as a new way of attracting investment. The last challenge of cryptoassets is addressed with the possibility of the tokenisation of real estate, i.e. the digitisation of real estate in the physical world to its digitisation in the virtual world, a possibility that, as of today, is not without its light and shadows for a fully effective application. [ABSTRACT FROM AUTHOR]

The article highlights the tension between international investment arbitration, international human rights law, and constitutional law. After analyzing the main objections to investment treaty arbitration such as the lack of transparency, legal certainty, legitimacy and accountability of the arbitrators, the paper examines the novel judgment c-252/2019 of the Constitutional Court of Colombia which is an example of the virtuous role to be exercised by constitutional justice regarding investment arbitration. When constitutional justice incorporates in its reasoning and argumentation the diversity of interests and rights both foreign investor and the society it can contribute to alleviate the structural deficits of investment arbitration while contributing on strengthen it. From the perspective of the host State, it can prevent international lawsuits or to argue an exemption of international liability. The central idea is to defend the need to develop a serious and reflexive dialogue between these authorities of public law adjudication. [ABSTRACT FROM AUTHOR]

Argentina's prominence in the history of isds makes for a seminal case study of the tension between state measures and fdi. Argentina, like other Latin American countries, has taken a proactive approach to mitigating the current pandemic. Notably, these emergency public health decisions may hinder fdi, thus leading to an increase in investment disputes. This paper aims to comparatively analyze the past Argentinian crisis and health related nafta cases, using lessons learned to provide guidance in anticipation of covid-19 disputes. In order to explore this topic, a discussion of jurisdictional and procedural questions allow for a modern application of past issues. [ABSTRACT FROM AUTHOR]

This article studies the Third-Party Funding in international arbitration (best known as tpf), in order to understand how tpf trends can promote its own development over the next ten years. Thus, once having examined the concept and evolution of the figure through a bibliographic review, the document analyzes the future of the tpf based on three of its most relevant trends: I) the exponential growth in the use of the figure, ii) the arrival of the figure to markets where it was shallow or not at all known, and iii) its recent stage of regulation. This paper concludes the next ten years of the tpf will likely be defined by its steady growth because there are no signs of stagnation in its use and consolidation on new markets. Nevertheless, the future of the figure seems to be mainly linked to its legal regulation, since it would achieve a universal concept, as well as guarantee the validity of the figure in jurisdictions where it is currently prohibited, and contribute to solving criticisms against it. [ABSTRACT FROM AUTHOR]