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The article analyzes, based on primary and secondary sources, the application of the doctrine of unconscionability in state contracts. For this purpose, the paper is divided into two parts. In the first part, some general considerations on unfair terms are presented. In the second part, it is exposed the scope of these clauses in the field of government contracting in Colombia, in particular, their purpose, characteristics and the legal sanction to which they are subject. [ABSTRACT FROM AUTHOR]

Hostile takeovers operate as a suitable instrument for disciplining directors leading to better company performance. Bearing in mind, what is the role directors should adopt when the transaction has no board's approval? Implicitly, Colombian Law adopted the board neutrality rule that forbids any measure able to frustrate the Bid. This paper aims to analyze the convenience of adopting this rule and propose guidelines to clarify its scope. [ABSTRACT FROM AUTHOR]

This paper tries to identify the binding nature of the Committee on Freedom of Association (CFA) recommendations in the Colombian legal system. For that, it has made a study about principles of good faith and pacta sunt servanda, around the OIT Conventions 87 and 98, and the Vienna Convention of 1969, ground principles of the commitments taken at the international level, which are the fundamentals in the international legal system accepted by Colombia. To this analysis, we add a jurisprudential line of the Constitutional Court of Colombia related to binding the Committee’s recommendations on Freedom of Association. The paper concludes that the recommendations of CFA are binding in the Colombian legal system. If these are definitive reports, these are adopted by the ILO Governing Body, and these do not contradict the mandates of the Colombian Political Constitution. [ABSTRACT FROM AUTHOR]

This paper identifies two types of constitutionalism, understood as knowledge of the law established by the constitutional rights of the Constitution of Colombia and which it calls the (initial) moral reading and the (current) turn towards efficacy. Its main argument says that instead of complementary types of knowledge, an adequate understanding shows them as the exclusive alternatives that arise from our need to choose (between two readings on the way in which such norms operate within the judicial courts as devices of claim Social). For his defense it resorts to a strategy in which both types of constitutionalism are linked to the republicanism of Machiavelli (the fight for effective power) and that of Montesquieu (the fight against despotic power). This, first, to sustain that a moral reading in a comprehensive sense and in which the type of reconciling reason that Alexy works with operates would allow his harmonic understanding; second, that under political conditions such as those of the department of Córdoba (which Espinosa and García call institutional apartheid) it becomes inevitable to choose between undertaking the fight against the power deficit or against despotic power. [ABSTRACT FROM AUTHOR]

The purpose of this article is to analyze the scope of the arbitration agreement in the Colombian corporate regime, specifically, concerning the application of the arbitration clause contained in a corporation’s articles of incorporation, to disputes with corporate directors. The nature of this paper is reflective, with aims of presenting the results of the investigation, from an analytical and interpretative perspective. The following methodological resources were employed: First, a review on applicable literature was undertaken in order to analyze, from a doctrinal and regulatory point of view, the concept of the arbitration agreement and its application in corporate disputes. Subsequently, the jurisdictional decisions of the Delegation for Mercantile Procedures of the Superintendency of Corporations on the matter were analyzed. Finally, the authors present some arguments that support the impossibility of applying the arbitration clause to the administrators without their express consent. [ABSTRACT FROM AUTHOR]

Nowadays, the criminal trials take a long time to complete in Colombia, largely because of the requirement of witness to authenticate documentary evidence. This paper addresses some of the reasons why such an approach to witnessing is unnecessary in most cases. Among them: i) Trial by jury was not created; ii) the representative nature of the documentary evidence makes it easy to identify its origin or its author; iii) representative documents, except those that are the subject of study or object of evidence, do not require submission to the chain of custody system; & iv) There is a precise regulation of the presumption of authenticity for documents. Considering these guidelines, the authentication of documents goes from being a problem of admissibility to one of weight of evidence. [ABSTRACT FROM AUTHOR]

The implementation of the provisions of the Final Peace Accord on land should have furnished an unprecedented opportunity for Colombia to overcome traditional obstacles to the effective enforcement of reforms to secure land tenure, provide access to vulnerable groups and realize the productive potential of the Colombian countryside. However, two years later achievements in this field are minimal. While most of the academic discussions are still focused on the tension between ideological positions about the extent of private property rights, this paper will look into some of the policy and institutional challenges faced by the Administration that took office on August 2018. The lack of a strong land policy and institutional frameworks has limited the impact of the implementation of previous reforms and may also impair the reforms pursued by the new Administration. The challenges remain significant and, as this paper asserts, unless they are properly addressed, the risk of another frustrated reform will remain high. [ABSTRACT FROM AUTHOR]

This article exposes how Colombian constitutional historicism or traditionalism has been marked by hyper-presidentialism. Although the 1991 Constitution imposed a moderate presidentialism as an alternative to the historicism, hyper-presidentialism returned through constitutional reforms and traditional political practices, especially in the Uribe [2002-2010] and Santos [2010-2018] government mandates. Such accumulation of power in President Santos, organized by several previous governments, allowed him to advance a peace process with the FARC guerrilla against many sectors that have rejected a negotiated solution to the armed conflict. Nevertheless, this paper asks if it is worth betting on accumulating so much power in one person, even though in this case served laudable ends from a pacifist perspective, given that the risks of hyper-presidentialism are very elevated for a republican democracy. [ABSTRACT FROM AUTHOR]

This paper provides some reflections on the discussions resulting from the UN declaration, A/64/L.63/Rev.1. It is a resolution dated July 26, 2010 whereby the UN enacts the drinking water and sanitation as an essential human right, which creates some obligations the private actors will demand the Member States to comply with. Based on the foregoing, the UN Member States, including Colombia, are now required to ensure a water supply with quality and 100% coverage to their inhabitants via an aqueduct. However, governments face, in turn, the challenge to preserve the water sources constituting the raw material for ensuring those rights the UN has enacted as claimable by all human beings. This way, this paper poses some questions and queries regarding the tasks to be undertaken by both the Colombian State and the private actors to comply with the UN directives, without detriment to the water sources and the environmental sustainability. [ABSTRACT FROM AUTHOR]

This paper presents a study of the article 333 of the Colombian Criminal Code, which establishes the crime of environmental contamination by exploitation of mining or hydrocarbon deposits. It analyzes the semantics and scope of this rule, establishing the criminal effects deriving from it. The paper focuses on the challenges that the article poses for the principle of legality, and address some dogmatic problems of it. This paper is part of the results of the research Environmental Criminal Law in the Context of the Company. Problems Surrounding the Crime of Environmental Pollution, supported by Universidad de Bogotá Jorge Tadeo Lozano. [ABSTRACT FROM AUTHOR]

This article thoroughly examines the historical development of the concept of "University autonomy" that has been drawn from the jurisprudence and case law of the Constitutional Court of Colombia since it commenced operations in 1992. It aims is to identify the core elements of University Autonomy, as well as its scope and range. This analysis will be useful to offer a comprehensive understanding of how the Constitutional Court of Colombia has shaped and developed this concept that underlies the educational system as a whole, but is explicitly applicable to all the local universities, regardless of their public or private nature. To this end, we collected and analyzed close to one hundred (100) court rulings, from the year 1992 to 2018, regarding the specific topic of University Autonomy. Said rulings were reviewed and systematized, extracting the relevant legal precedents applicable to several disciplinary, civil, and constitutional legal cases that derive from our topic of inquiry. These included constitutional rulings, actions of guardianship (legal mechanism listed in the Colombian Constitution to purvey swift justice regarding basic human rights), as well as rulings that unify jurisprudence. The rulings above have been standardized according to their corresponding constitutional scenarios, and the high frequency of quotations present among and between them. These results can be consulted in the annexes of this paper (see annex 1 , annex 2 and annex 3). [ABSTRACT FROM AUTHOR]

This paper presents the results of an empirical study that systematized environmental judicial opinions handed down by Colombia's highest administrative Court --Consejo de Estado-- over a 17-year period (1998-2015). Thanks to a research grant, the authors and a team of coders systematized, using state-of-the art content analysis methodologies, more than 250 opinions handed down by Colombia's highest administrative Court. The results presented in this paper show the most important trends of collective environmental litigation in Colombia: types of plaintiffs and defendants; type of environmental resources involved in the case; plaintiffs' success rates; most litigious regions and cities; overall effects of economic incentives on the type of litigation, among several other subjects. This paper concludes that collective environmental litigation has been instrumental to protect environmental resources in Colombia, one the most biodiverse countries in the world. Finally, the paper concludes that the elimination in 2011 of the economic incentive in favor of litigants did not favor public interest litigation. [ABSTRACT FROM AUTHOR]

This paper addresses the recognition of digital inclusion as a fundamental right in Colombia, thus contributing to the progress of the constitutional theory about the recognition of fundamental rights in Colombia. In recent years, the digital divide has attracted widespread attention of the national and international community. This digital divide has been intrinsically associated with the concept of fundamental right, since digital inclusion is considered as a key factor in social and individual progress. In this paper we conduct the evaluation of the doctrine and the case law criteria on the inclusion of new fundamental rights and the protection using the action for protection (tutela). This evaluation is carried out through a document review and legal interpretation that allows identifying some arguments to justify the consideration of digital inclusion as an inclusion to fundamental rights in the Colombian legal system. [ABSTRACT FROM AUTHOR]

This paper explores the first 25 years of the Colombian Constitution of 1991. It marks the excessive optimism that the Constitution was received with by the people and the academy in general. However, over the years, although the Constitution changed the Colombian political reality significantly, it started to lose its charm. Among other reasons, (i) this Constitution could not satisfy the high expectations generated, (ii) the continuous reforms that the political class made to it, derailing the original model, and (iii) the way the political system managed to adapt to the new constitutional system so well that we could say "everything changed to stay the same". Moreover, we present the risk implied by a judicial democracy for the Colombian political system. Finally, this paper invites not falling into extreme points (nihilism, on the one side, ingenuity, on the other), so a critical skepticism is suggested regarding what is presented today as Constitution and its immediate future, in post-conflict times. [ABSTRACT FROM AUTHOR]

This research work aims to delve into the background issues that led to the protection acts of the film productions in Colombia. In addition, this paper reflects on how the legislative evolution concerning film issues occurred hand in hand with the industry growth in our country. The scope of the copyrights for every film author and interpreter in our country is also explored herein. Finally, this work studies the evolution of their copyrights and how it relates to the film industry in Colombia. [ABSTRACT FROM AUTHOR]

Framework contracts are a frequently used tool in the legal dealings. However, they have been studied scantily in the Colombian legal doctrine despite the difficulties they posit in both the theory and the practice. This paper aims to examine the notion of framework contract in order to differentiate it from other related legal concepts, study its legal nature, and ascertain its legal effects. [ABSTRACT FROM AUTHOR]

This paper analyzes the system of shareholders agreements contained in Article 70 of Law 222 of 1995 and Article 24 of Law 1258 of 2008, in order to determine its scope and thus understand generally the regulation of these agreements in the Colombian commercial law and the way how are you standards relate to the general rules on obligations, contracts and partnerships, thereby seeks to sustain the possibility to conclude agreements partners in all types of companies and not only in the corporation and simplified stock. It also seeks to identify the main issues under discussion for which the work is based not only on a policy analysis, but also doctrinal, jurisprudential and includes reference to the interpretations made by the Superintendencia de Sociedades both concepts and judicial decisions related corporate agreements. [ABSTRACT FROM AUTHOR]

This paper aims to analyze and criticize the situation of trade unionism in Colombia throughout the use of international and comparative law, analyzing the conceptual framework of the concept of representativeness, the recognition criteria of representativeness and the prerogatives of the same. In this sense, we proceed to an analytical study of the legal device regarding the constitutional framework in order to demonstrate the inadequacy of that in respect to that design proposed by the Colombian Constitution of 1991. Similarly, a comparative perspective is adopted to enrich the reflection offering elements for the understanding of the meaning and how of the notion of union representation works. Reflection leads to highlight the mismatch between the constitutional and legal frameworks for trade union advocacy and to consider the introduction of the notion of union representation in the legal system as a central tool of promotion of trade unionism in Colombia. [ABSTRACT FROM AUTHOR]

The Colombian Consumer Act --Law 1480, 2011-- still generates relevant questions about how to explain the protection system of users. That said, 'it is important to study the meaning and effect of the principles of the Colombian Consumer Act --article 1--' that involve the essential and basic issues of Consumer Law in this country. With this goal in mind, this paper aims to examine the implications of those principles in order to think about a Consumer Law in Colombia that suggest an organized and harmonic system of rules aiming for the protection of the consumers. This is because; the mentioned principles and the Colombian Consumer Act are the mainstay of this new part of law. [ABSTRACT FROM AUTHOR]

In this paper, the author analyzes the restrictions imposed on party autonomy to set the arbitration procedure, derived from Constitutional Law inter alia. He does so, through a comparative exercise that deals with the case of amigable composición as an example of ADR whose contractual nature favors party autonomy. In order to demonstrate that the constituent and the Colombian legislator could have further favor party autonomy in arbitration, the author analyses the similarities between these two mechanisms. Thus, through an investigation on the roots, regulation and jurisprudential evolution of amigable composición in Colombia and in comparative law, he identifies why there are so many differences in the practice of these proceedings. [ABSTRACT FROM AUTHOR]

The main target of this reflex paper is to explain some ideas about behavioral economics, such as the prospect theory and the framing effect, as well as its possible implications for the law, especially in the context of tobacco control law in Colombia and the current package warning labels. The paper concludes that these warnings have the potential to reduce the tobacco consumption. However, the effectiveness of these messages could be increased if the information is reframed in an alternative way. [ABSTRACT FROM AUTHOR]

This paper assesses the effects of the "Grupo de los Tres" (G-3) trade agreement in the Colombian automobile market. Assuming that demand might be described by a Discrete-Choice model, this paper develops a partial-equilibrium model in order to analyze the import quota of automobiles produced by the Mexican assemblers and its effects upon prices on the Colombian Automobile Sector. The results of this paper evidence that the quota reduced average market prices in no more than 3%, comparing the case without G-3. Likewise, the price in Mexican cars were reduced on 20%, but prices of domestic and other import cars were unaffected. Finally, There is evidence that the distribution of the price reduction among classes is independent of market-shares. Therefore, the import quota does not accomplish the goals of domestic policy-makers. These results are relevant in order to make trade policies in targeted industries and are useful for firms of the Automobile market when they undertake strategic decisions. [ABSTRACT FROM AUTHOR]

This paper offers a global vision of the types of Colombian national government's decrees in the constitutional system. The paper thesis focuses on showing the way how the executive branch has manipulated the Constitution in order to enact whichever type of decree, even though it has not the competence for that. Also it aims to get not only from the Constitutional Court and the State Council but also the society a preoccupation about the necessary labor of establishing a precise standard classification of the pieces of the Colombian legal system for detecting those of the executive branch which violate our supreme norm and start a long way in order to demolish the norm invention paradigm. [ABSTRACT FROM AUTHOR]

The Internet is an outstanding channel to exchange information and a scenario where Copyright owners and the general public are permanently interacting. As this service involves mass distribution, the Internet has implications for copyright law that go beyond its abilities to achieve rapid and widespread delivery. Designing a liability regime for online copyright infringement that appropriately fits the particular characteristics of the Internet became an urgent task. In 1998 the US Congress passed the Digital Millennium Copyright Act (DMCA), the first attempt in the world to address this issue. As such, the DMCA has been not only a model to the world, but also has been implemented as domestic law in some countries through the negotiation of Free Trade Agreements (FTA) with the US. Colombia included this topic in the FTA's Agenda and for this reason, understanding the US DMCA is essential for the comprehension of the future of this issue in our country. This paper aims to set out US legislation about ISPs' liability for online copyright infringement made by their subscribers. In doing so, the paper starts with a brief recount of the evolution of this topic at the international level, the DMCA background and then explains the content of the Safe Harbour Provisions of the US DMCA. [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]

This paper presents the results of an investigation which objective was to determinate and analyze the cases of the legal action taken for protecting the rights of the prison population, about transgressions of their rights, based on the ignorance of the human dignity. At first, we expose a short research about the concept of dignity. Straightaway we are going to describe the present situation of the Colombian penitentiary system, present situation that implies the presentation of protection solicitudes that we analyze from the judicial decisions adopted by the Constitutional Court of Colombia (1992-2012). After the analysis, we present our conclusions that show that the constitutional jurisprudence has developed a solid argumentative process, but until the date, it has not been possible to materialize the judicial mandates. [ABSTRACT FROM AUTHOR]

This paper has as purpose to establish the rise of a new exception to the relativity effect on contracts by the analysis of the allied contracting figure applied to package tourist contracts held in Colombia. For it, it will be firstly done an approach to the relations established in the allied contracts conclude between entrepreneurs and users. Secondly, a characterization of the tourist package contract in Colombia will be presented. To conclude thirdly with an analysis of the relativity effects arisen on allied contracts for tourist services. This article contains a qualitative documental research that favors the use of primary sources of information, whereby is presented the complexities of this phenomenon on contemporary private contracting, the discussions about the reach of effects on tourist services contract and the tendency that exist towards a major protection of the users and consumers that could be creating a new exception to relativity effects on contracts. [ABSTRACT FROM AUTHOR]

This paper, which lies between the limits of the dogmatic and philosophy of law, seeks to analyze from different categories the process of judicial, legislative and academic constitutionalization of the Colombian legal system, and as a result, offers the essential features of a model of constructivist constitutionalization as an alternative to the idealistic and analytical models. [ABSTRACT FROM AUTHOR]

Traditionally, the assignment of a harmful result to its author has been done from a purely material or factual judgment in which, depending on the causal theory used by the court, the answer to the existence of a causal link between the damage suffered and the action of the agent may vary, as well as yield results that, in light of equity and justice, and even common sense, come to be exaggerated or counterintuitive. This paper addresses this problem, once described the different solutions that have been given throughout history and its drawbacks, it presents what is considered the most appropriate theory to determine causality in each case, to overcome the defects that were blamed on those that preceded them and its acceptance in the comparative field. It reveals how, from the differentiation between imputation and proximate causation, results are more consistent with the concept of justice underlying civic liability. However, criticisms towards this theory were not unknown; therefore alternatives considered to be more suitable to answer these remarks are presented. [ABSTRACT FROM AUTHOR]

This paper addresses the current problem of interpretation of what should be understood as basic salary for the settlement of the pension bond type A mode 2, for members who move to individual savings scheme, showing how interpretations of the Constitutional Court and the Labor Appeal Chamber of the Supreme Court do not conform to the financial and economic content the law provides, and therefore, create problems of pension equity. [ABSTRACT FROM AUTHOR]

This paper presents an analysis of the Judgment of the Colombian Constitutional Court SC-931/2009, by which the Court declares inhibited to fail in a case review of the constitutionality of the Law of May 21, 1851, with which slavery was definitively abolished in Colombia. The present interest in this case is that it demonstrates once again and from a specific case, the scope of judicial guarantee-ism under the consolidation of the constitutional state, accepted paradigm in Latin America from the issuance of the constitutions of the decade of the nineties, which have resulted in the development of the new Latin American constitutionalism. Furthermore, together with the presentation of the particular case, we were interested in noting the educational work being done by the Court, resorting even to literary analysis, giving a clear example of integration of disciplines in the process of judicial protection, in addition highlighting their influence in the formulation of laws and public policies for the protection of historically discriminated groups. [ABSTRACT FROM AUTHOR]

The present paper includes the results of a research project titled 'The Making of Contracts in Common-Law Marriages', the purpose of which was to answer the following question: At what moments may permanent partners sign a common-law marriage contract? Based on the hypothetical consideration that such moments may be: before starting the common-law marriage, before constituting the common-law patrimonial company or just after constituting it, a descriptive type of research was used, together with a field design that allowed for the recollection of the necessary information from all the notaries in the Circle of Bogotá, through the application of a tool. We also resorted to a bibliographical design for the gathering of secondary data, the main sources of which were doctrine, legislation and jurisprudence. The analysis carried out both quantitatively and qualitatively allowed us to establish that there is a legislative absence regarding the moment in which the mentioned contract may be constituted, which is why public scriptures were found that had been signed at different times. [ABSTRACT FROM AUTHOR]

On April 11th 2012, the Colombian Supreme Court of Justice qualified as dangerous activities the provision of medical services, even though it also established the parameters according to which this type of activities should be evaluated and in which the presumption of guilt is included. The fact that the execution of medical services must comply with such guidelines supposes a change regarding the way jurisprudence has so far evaluated this regimen. Consequently, and by way of a methodology mainly centred on the analysis of the jurisprudence of the Supreme Court and particularly on the ruling aforementioned, the present research paper intends to show that notwithstanding the way medical activities were qualified in the ruling, the regimen regarding them continues to enclose subjective responsibility and the presumption of innocence. [ABSTRACT FROM AUTHOR]

France revised its Constitution in 1971, but the modification was not carried out by one of the organs authorised by that same text. Colombia replaced its Constitution in 1991, but did these constitutional changes comply with the laws of the time? The present paper is an overview of these juridical transformations from the point of view of the theory of juridical revolution, which is applied in order to determine the new legal basis of each of these legal systems. [ABSTRACT FROM AUTHOR]

This article presents critical questions for reflection and the major current discussions concerning the survival of one of the most important constitutional for public interest and human rights in Colombia: popular actions. After 13 years of Law 472 issued in 1998 and the results evidenced in the exercise citizen advocacy groups, Colombia is going through a legal situation aimed at dismantling the democratic achievement of different strategies through legislative, administrative and media. In this paper, the result of follow-up investigations developed by the Universidad del Rosario, are evidence of the regressive phase of collective rights and proposes alternatives to try to save an institution that by its historical roots are ancient and their future vision is postmodern. [ABSTRACT FROM AUTHOR]

This article is the first result of doctorate studies made by the author and it consists in the outlining of the research problem, with a first hypothesis that is still not developed in this paper. The author studies the difficulties of reconciling environmental and commercial law. To do so, he has chosen precautionary principle and commercial contracts, both in Colombian law, to demonstrate that the concept of collective damages is the key element to achieve that goal of harmonization. [ABSTRACT FROM AUTHOR]

The present paper approaches, from a legal, doctrinal and jurisprudential perspective, the concept and extent of the "Own Acts Doctrine" or "Venire Contra Factum Proprium Nulla Conceditur" as a general principle of what it implies as a right, according to different law systems and, in particular, according to Argentinean law. It settles and analyzes the requirements for its due application in each precise case and to prevent therefore any discretional uses, acting either as a shield against inappropriate pretensions or as a device to silence an exasperating judged pretension, which, paradoxically have been given to this valuable tool founded on good faith. [ABSTRACT FROM AUTHOR]

Comparative constitutional law scholarship has largely ignored political institutions. It has therefore failed to realize that radical differences in the configuration of political institutions should bear upon the way courts do their jobs. Parting from a case study of the Colombian Constitutional Court, this paper develops a theory of judicial role focused on political context, and particularly on party systems. Colombian parties are unstable and poorly tied to civil society, therefore Congress has difficulty initiating and monitoring the enforcement of policy, as well as checking presidential power. For that reason, the Constitutional Court has responded by taking many of these functions into its own hands. We argue that the Colombian Court's actions are sensible given the country's institutional context, even though virtually all existing theories of judicial role in comparative public law would find this kind of legislative-substitution inappropriate. Those theories rest upon assumptions about political institutions that do not hold true in many of the developing countries. [ABSTRACT FROM AUTHOR]

This paper presents the results of the research project "The Effectiveness of Judicial Contempt Power in Writ of Protection Cases. A Case Study, Bogotá (2007)". Its purpose is to identify and analyze the variables that influence the effectiveness of contempt requests in terms of the satisfaction of fundamental rights. In order to do so, the research intended to have a quantitative approach with exploratory boundaries. The project examined a total of 431 files in criminal, civil, administrative, labor and family courts in Bogota in 2007. The study shows an overview of ineffectiveness of the legal instrument and the need for its reform, together with the development of new tools to promote compliance based on different theoretical perspectives. [ABSTRACT FROM AUTHOR]

The Colombian Constitutional Court's precedent regarding the persons with disabilities' human rights has played an active role. It has widely protected and dignified them, it was also reaffirmed the privilege place given to them by the Constitution. The paper presents a general overview of persons with disabilities human rights legal protection and specifically: the Constitutional duties of the State, the disability concept, the equality, the rights to mobility, to work, to health services and education. [ABSTRACT FROM AUTHOR]

This article describes one of the main problems of constitutionalism in Colombia: the persistence of constitutional instability, and the way in which this instability, representing a very common tradition in Latin American legal systems, is far from harmonizing with the basic tenets of constitutionalism, as with the institutional developments of societies showing better indicators of economic and democratic performance. This paper underscores the intimate connection existing between this fact and the technical inconsistencies of the 1991 Colombian Constitution, which did not create the adequate mechanisms needed to protect the country's constitutional pact. In this way, an opportunity was created for those judges deciding constitutional issues to establish limits on the power of constitutional reform, through the theory of the substitution of the Constitution. [ABSTRACT FROM AUTHOR]

Distinction between changes near and far from equilibrium is significant when considering legal system as a complex dynamic system. Despite this importance, up to now there is no a legal equilibrium available in order to be properly used into a context of legal dynamics theories. This paper focused on the foundation of the legal equilibrium concept and stresses out some of the difficulties involved. [ABSTRACT FROM AUTHOR]

The thematic one of this article is a critical study of the conception that of the different modalities from corporal interventions expresses the Colombian Corte Constitucional in the C-822/2005 sentence. In this study, the position of the Corte Constitucional is criticized when considering, with base in the proportionality principle (balancing test), that diffuse public interests can have greater weight than the fundamental guarantee of the prohibition of the cruel, cruel and degrading treatment. Characteristics, a foundation and limits for these measures set out. The paper of the procedural burden like alternative to the use of the effective force in the application of these interventions is analyzed. Also, the probatory relevance of these measures is examined. [ABSTRACT FROM AUTHOR]

With the entry in force of the Political Constitution of Colombia of 1991, the economic regime and the public property of the country took a new configuration, therefore, is necessary begin with new parameters for his studies. This paper, is in broad strokes, an attempt to define or at least to visualize the causes and the effects that these new competitions have brought for which it is our constitutional ordering and his relation with the forces of the economy, in special, whit the competitions to the prescribed and regulating (similar concepts, but non equal competitions) of Central Bank. This, from the specialized perspective of the activity exchange, but that to analogical way (beginning with the Law 31 of 1992 and the constitutional theory of the general laws) is interpretable and applicable for the rest of competitions of the Central Bank in the Colombian State. [ABSTRACT FROM AUTHOR]

This article shows the growingly non-compliance with judgments of the Colombian Constitutional Court after a sixteen years period of intention of consolidation of fundamental rights trough their effective protection. This paper summarizes the Court's position about its judgments' non-compliance and the tutela judges' role as main responsible of final protection. Moreover, the article studies three types of unjustified non-compliance, and one type of justified disobedience. Finally, the article describes and analyses the juridical solutions assumed by the Constitutional Court to look for the compliance of its decisions. [ABSTRACT FROM AUTHOR]

This paper addresses that structural problem of the general pension system in Colombia regarding the information contained in the pension labor history, and how this problem generates setbacks at the time of the recognition of economic benefits. The main objective is to present a solution to this problem particularly the situation of Bogota. This paper is part of the study carried out within the framework of the Cooperation Agreement 000003 of 2016 celebrated between the Benefit Fund, Layoffs and Pensions (Fondo de Prestaciones Económicas, Cesantías y Pensiones de Bogotá, FONCEP) and the Ibero-American Organization of Social Security (Organización Iberoamericana de Seguridad Social, OISS). [ABSTRACT FROM AUTHOR]

The dispersion of remedies accounts for the contractual breach as a normative issue found in the Civil and Commercial Codes of Colombia. This paper will consider the concept of a contractual breach capable of arranging a set of remedies to the creditor to satisfy his interests. The model proposed by the authors, constructed over the review of the instruments of soft law that constitute the new contract's law, offers a unitarian system of remedies of the common application for the different scenarios of contractual breach. This approach to the model allows a new lecture and interpretation of the rules that govern the cases of contractual breach in the private law codes by delivering appropriate solutions regarding the commercial traffic and blurring the perplexities generated by the current regulation. It also offers a dogmatic conceptualization of the contractual breach, not only as a proposal of modification of the rules but as a direct application to solving contractual disputes. [ABSTRACT FROM AUTHOR]

This article is an analytical reflection on the protection of financial consumers in Colombia against the use of electronic channels of banking services. In Colombia, protection policies have been adopted to ensure the use of electronic channels of banking services is carried out in terms of security and trust. Therefore, for that protection to be relevant, effective and it is necessary that the instrumentalization of these business relationships is based on technical and legal information to developing good practices in the management of financial services channels and the public interest. It is concluded that, in some cases, when using electronic channels, the protection offered by the bank should not be limited to "paper" because it ignores the good faith and due diligence that frames the provision of financial services to the consumer. [ABSTRACT FROM AUTHOR]

This article studies the process of implementation of case selection and prioritization strategies carried out by the Colombian Special Jurisdiction for Peace (SJP). The article first tracks the history of the discussion on the application of these mechanisms in the Colombian Peace Accord. Due to international and domestic factors, the Peace Accord only included a vague and contradictory language on the matter. Moreover, further regulations approved by Congress, and case law decided by the Colombian Constitutional Court, have not clarified the powers and the criteria the SPJ should use to select cases. Against this backdrop, the paper presents a novel framework that the SPJ could use to implement an effective case selection strategy that respects the internationally recognized rights of the victims of gross human rights violations. [ABSTRACT FROM AUTHOR]

In the Colombian Special Jurisdiction for Peace (SJP), victims, ethnic and human rights' organizations can submit a report about the violation of their rights in the framework of the armed conflict (regulated by the Law 1922 of 2018). These reports are considered one expression of the right of victims' participation before the SJP. In this paper, we first present the regulatory framework about the participation of victims in the SJP and the importance of ensuring this right in the face of the challenges of this jurisdiction. Second, we present a qualitative approach of data gathered from semi-structured interviews conducted with representatives of organizations that have submitted reports to the SJP. These interviews aimed to explore the right of submitting reports to the SJP regarding three concepts: support, visibility and participation. Results showed that (1) victims receive support to submit their reports, (2) the submission of the reports increase victims' visibility, and (3) the submission of the reports are considered an actual victims' participation mechanism. [ABSTRACT FROM AUTHOR]