238 results
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2. Institutional Design and Transitional Justice: An Analysis of Colombia's Land Restitution Policy.
- Author
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CAMILO-SÁNCHEZ, NELSON and NARANJO-VELASCO, KAROLINA
- Subjects
BUREAUCRACY ,TRANSITIONAL justice ,GOVERNMENT agencies ,REFORMS ,STATISTICS ,VIOLENCE - Abstract
Copyright of Revista Derecho del Estado is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
- View/download PDF
3. Two sides of the same coin: political equality and electoral rights, a study of formal qualifications on the right to candidacy.
- Author
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GÓMEZ RUIZ, MARÍA JOSÉ
- Subjects
LEGITIMACY of governments ,SUFFRAGE ,CIVIL rights ,EQUALITY ,RIGHTS ,DEMOCRACY - Abstract
Copyright of Revista Derecho del Estado is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
- View/download PDF
4. Greater Autonomy through Closer Relations with China? Revisiting Turkey-China Engagement.
- Author
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Tekdal, Veysel
- Subjects
- *
GREAT powers (International relations) , *POWER (Social sciences) , *DIPLOMACY , *POLITICAL leadership ,DEVELOPING countries ,EUROPE-United States relations - Abstract
China has evolved into an important provider of resources for developing countries, encompassing capital, know-how and expertise. China has also actively worked to strengthen diplomatic ties with developing regions since the early 2000s. Against this backdrop, the governments in many developing countries have moved to incorporate China as a significant factor in their geopolitical and geoeconomic considerations. Under the rule of the Justice and Development Party (Adalet ve Kalkınma Partisi, AKP), Turkey has also sought to foster relations with China, particularly since the early 2010s. This pursuit has been further triggered by Ankara's strained relations with the United States and the European Union. Turkish political leadership envisions China as a potentially crucial partner that could enhance the country's autonomy in relation to the West. While this expectation has not entirely materialized so far, there is an ongoing debate regarding the extent to which China can potentially be a transformative actor in Turkey's position within the international order. This paper contributes to this debate by locating Turkey-China engagement within a broader context of China's power and influence in the developing world. The paper suggests that the potential for Turkey's cooperation with China is likely to remain relatively limited for the foreseeable future. This is not only due to Turkey's deeply rooted ties with the West, but also because of the nature of China's global power, which is more partial and not as deep as commonly assumed. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
5. Administrative Sanctioning Regime for Gatekeepers: Consequences for Non-Compliance with the Digital Markets Act.
- Author
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RODRÍGUEZ AYUSO, JUAN FRANCISCO
- Subjects
INTERNET marketing ,DIGITAL technology ,INFORMATION & communication technologies ,INFORMATION society ,NONCOMPLIANCE ,GATEKEEPERS - Abstract
Copyright of Revista Digital de Derecho Administrativo is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
6. Thoughts on Bureaucratic Barriers: A Brief from Chile, Colombia, Ecuador, and Peru.
- Author
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MÉNDEZ REÁTEGUI, RUBÉN, SUÁREZ JÁCOME, GABRIEL, SAFAR DÍAZ, MÓNICA, and RIBEIRO DONAYRE, CÉSAR
- Subjects
ADMINISTRATIVE efficiency ,ADMINISTRATIVE procedure ,JURISDICTION ,BUREAUCRACY - Abstract
Copyright of Revista Digital de Derecho Administrativo is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
7. Colombian legal formalism or how to prevent the protection of public interest in public-private arbitration.
- Author
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ÁLVAREZ ZÁRATE, JOSÉ MANUEL
- Subjects
PUBLIC interest law ,ROMAN law ,PUBLIC interest ,ARBITRATION & award ,ADMINISTRATIVE law ,LEGAL procedure ,ADMINISTRATIVE procedure - Abstract
Copyright of Revista Derecho del Estado is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
- View/download PDF
8. Navigating borders and waters: India-China border disputes and the complexities of transboundary river management.
- Author
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Mahla, Pintu Kumar
- Subjects
- *
TRANSBOUNDARY waters , *BOUNDARY disputes , *WATERSHEDS , *BORDER crossing , *GEOPOLITICS , *CONFLICT management - Abstract
Border issues, such as sovereignty, territorial claims, and security, play a significant role in transboundary river management. Borders can act as physical barriers that impede cooperation and coordination, and disputes over ownership and control of river resources can exacerbate tensions and lead to conflicts. Transboundary river management is a complex and critical issue that has gained increasing attention in recent years. The management of rivers that cross international borders raises numerous challenges, including political, economic, social, and environmental concerns. Effective management requires the cooperation of all countries sharing the river basin, and it involves the development of legal and institutional frameworks that promote sustainable use, equitable sharing, and peaceful resolution of conflicts. This paper aims to explore the intricate relationship between India's persistent border disputes with China and their far-reaching implications for the management of transboundary rivers. Their unresolved territorial disputes have profound implications for the shared river basins, such as the Brahmaputra Basin, and pose significant challenges to the implementation of effective transboundary river management strategies. Through an interdisciplinary examination of historical, geopolitical, and hydrological factors, this study sheds light on the multifaceted dimensions of India's border disputes with China and elucidates their detrimental impacts on the use of transboundary river resources. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
9. Observing Caribbean Elections During the Pandemic: Challenges and Best Practices.
- Author
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Vasciannie, Lisa
- Subjects
- *
ELECTIONS , *INTERNATIONAL organization , *PANDEMICS , *BEST practices , *INTERNATIONAL travel , *COVID-19 pandemic , *REGIONALISM (International organization) , *QUARANTINE ,DEVELOPING countries - Abstract
This paper examines how the practice of international election observation in the Commonwealth Caribbean was affected by the COVID-19 pandemic. Many countries were faced with the decision on whether to conduct or delay elections during the pandemic. Between March 2020 and June 2022, 10 out of 12 Commonwealth Caribbean countries held elections. All these countries, except for Barbados, have had their elections observed by at least one regional or international organization during the last two decades. The closure of borders and the various quarantine requirements had practical implications for maintaining this trend during the pandemic. Most countries that regularly invite international observers did not have their pandemic held elections observed. This paper considers the reasons for the absence of observers in some elections and explores the adjustments observer groups have had to make during the last two years. The discussion also explores how Caribbean countries were able to indicate their commitment to holding free and fair elections in the absence of observers. For the countries that had observers, the discussion examines how these missions navigated issues of cost, shorter invitation periods, challenges in international travel, the recruitment of suitable observers and local pandemic protocols and conditions. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
10. The proposed Investment Court System: does it really solve the problems?
- Author
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BENEDETTI, JUAN PABLO CHARRIS
- Subjects
FOREIGN investments ,DISPUTE resolution - Abstract
Copyright of Revista Derecho del Estado is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2019
- Full Text
- View/download PDF
11. The domestic sources of city diplomacy: The case of the city of Johannesburg, 2011-2016.
- Author
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Ikome Nganje, Fritz and Retshegofetse Tladi, Bosele
- Subjects
- *
CITIES & towns , *METROPOLIS , *MUNICIPAL government , *INTERNATIONALISM , *MAYORAL elections , *DIPLOMACY , *INTERNATIONAL relations , *DRIVERS' licenses - Abstract
The mainstream literature on global cities tends to explain the internationalization of cities almost exclusively from the perspective of recent developments in global capitalism, developments that have put cities at the heart of an increasingly globalized, financialized, and deregulated world economy. The internationalization of these so-called global cities is seen as a response to, and is conditioned by, external, and mainly economic, exigencies. Research on the foreign relations of city governments has followed in this tradition, with a predominant focus on the global drivers and manifestations, as well as the systemic implications of this phenomenon. Little academic attention has been given to the domestic contexts within which city governments develop and exercise their international agency. This paper is inspired by the emergence of alternative accounts in the global cities literature, which have underscored the importance of the domestic context in making sense of the contemporary internationalization of cities, to analyze the domestic sources of the City of Johannesburg's foreign relations from 2011 to 2016. While acknowledging Johannesburg's global cities ambition as a major driver of the city government's international relations during this period, we identify and analyze a set of local and national factors that equally inspired and conditioned the city's foreign engagements. These include the huge socio-economic and spatial divide that continues to define the city, the influence of the ruling African National Congress (ANC) and its doctrine of progressive internationalism, as well as the then mayor's internationalist outlook and domestic political ambitions. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
12. Economic and soft power component of india's city diplomacy: With special reference to Mumbai and Kolkata.
- Author
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Nayak, Lulubala
- Subjects
- *
SOFT power (Social sciences) , *CITIES & towns , *DIPLOMACY , *FOLK culture , *INTERNATIONAL relations , *ECONOMIC policy , *FOLK art - Abstract
India's coastal cities have been playing a pivotal role in international relations through culture, commerce, and connectivity since the hoary past. In modern times, coastal cities such as Mumbai (formerly Bombay) on the Arabian Coast and Kolkata (formerly Calcutta) on the Bay of Bengal have been active actors in international affairs. While Mumbai has been the hub of international trade and commerce, Kolkata has been the junction of cultural bonhomie with Bangladesh and Southeast Asian countries, which gained more traction due to cross-border movements of technology, information, education, trade and finance, and artistic tools bolstered by the New Economic Policy beginning in the early 1990s. Indian states and metropolitan cities are enhancing their positions in international affairs with tangible gains. Mumbai is referred to as India's financial capital and the home to the headquarters of great global business houses and financial organisations. Similarly, Kolkata is known as the cultural capital of India (Sri Aurobindo, Tagore, Shanti Niketan, Bengali folk art and culture etc.) and a destination for foreign tourists, artists and curious researchers. This paper examines the growth and impact of city diplomacy in India through the prism of federalism in advancing local interests in international politics. It attempts to assess the role of Indian cities from a comparative perspective in the conduct of city diplomacy from economic and cultural aspects. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
13. Tightrope Balancing in a Time of Rising Great Power Competition: An Assessment of Sri Lanka’s Relations with India and China.
- Author
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De Silva, Shakthi
- Subjects
- *
CHINA-India relations , *GREAT powers (International relations) , *BALANCE of power , *INTERNATIONAL relations , *POWER (Social sciences) , *BELT & Road Initiative , *SMALL states , *NATIONAL interest - Abstract
China’s economic resurgence augurs the possibility of a recalibration in the global balance of power. Many contend that this process is already underway in East Asia – specifically in relation to the South China Sea. In other parts of the world, China’s growing footprint is discernible through infrastructure projects, under Beijing’s Belt and Road initiative. Does China leverage its economic power to realise its interests by forcing smaller nations to accept conditions and agreements which are not in the latter’s interests? This paper examines whether evidence to this effect is visible through a case study of Sri Lanka. The island’s geographic location – astride the Indian Ocean Sea Lanes of Communication – continues to draw the attention of regional and extra-regional powers. Sri Lanka’s constraints in size and poor pace of economic development also grants leeway for India (the regional hegemon) and China to leverage bilateral ties in their interest. Is there evidence to suggest that China has utilised port infrastructure to realise its national interests at the expense of Sri Lanka? Or, has Sri Lanka managed to thread a fine line between the two Asian powers: the neighbouring regional hegemon – India; and the resurgent great power – China? Does the truth lie somewhere in between? This article delves into these questions by examining the approaches and stances which Sri Lanka has adopted towards both nations, particularly during President Gotabaya Rajapakse’s government, from 2019 leading up to the end of 2021. By doing so, it aims to shed light on how Sri Lanka handled bilateral ties with both Asian powers as well as the degree of Sino-Indian competition visible within the island’s port infrastructure landscape. It concludes that the decisions reached with regard to port infrastructure projects represent a mixed picture. A key finding is the ability of domestic interest groups to shape Sri Lanka’s foreign policy during this period, which has significantly dented the island’s ties with other regional allies such as Japan. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
14. Power games and their history in the Indian Ocean: A Mauritian perspective.
- Author
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Betchoo, Nirmal Kumar
- Subjects
- *
OCEAN , *OCEAN energy resources , *GAMES , *ARCHIPELAGOES , *ECONOMIC development , *GEOPOLITICS ,BRITISH colonies - Abstract
This paper aims to discuss the situation of Mauritius in the post-colonial geopolitical configuration of the Indian Ocean. The island nation, a former British colony that has been independent since 1968, is today confronted with geopolitical issues that place it within a dilemma. Its recent allegiance with India, through preferential trade partnership, makes claiming sovereignty over the Chagos Archipelago which was part of its territory before independence complicated. There is in an ongoing conflict with Great Britain and, indirectly, the United States on this contentious issue. At the same time, Mauritius needs to consider China’s influence in the region since it partners with most of the independent nations on matters of economic development. Mauritius itself has established an important trading platform through Chinese assistance. Concurrently, the Mauritian relationship with the United States cannot be compromised as it has been the major trading partner since 1794 with an embassy established in 1968. Hence, trapped between economic ties from all the partners engaged in the Indian Ocean, Mauritius strives to maintain its neutrality, while also being obliged to accept that its location, size and influence might not be enough to contest against past and emerging superpowers. To this end, the power games remain as complex as ever in the Indian Ocean when seen from a Mauritian perspective. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
15. Interregional mechanisms for protection of african migrants in the Gulf Region: What prospects for Africa?
- Author
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Odhiambo, Paul
- Subjects
- *
EMIGRATION & immigration , *AFRICANS , *COUNTRY of origin (Immigrants) , *BUSINESS partnerships , *REMITTANCES , *ECONOMIC opportunities , *TECHNOLOGICAL progress - Abstract
Migration is a common phenomenon in Africa as citizens migrate within the continent for several reasons including education, family, employment, trade, and investment. Significant numbers of African migrants travel to the Middle East in search of economic opportunities. With the intensification of globalisation and the advancement of technology, human mobility across international borders is expected to rise in the coming decades. Despite challenges of international migration, migrants play a significant role in destination countries as they boost working-age population; contribute to revenue generation through taxes; contribute to human capital development; and enrich technological progress. Countries of origin increasingly appreciate their Diaspora communities due to remittances and migrants' skills. The growing number of African migrants calls for a strategic partnership between Africa and the Middle East through a multilateral forum that will enhance policy consultation and coordination for the benefit for both sides. The paper analyses intra-African migration, migration patterns from Africa to the Middle East and Gulf Cooperation Council (GCC) countries, drivers of migrations, migrants' positive contributions and challenges; national and Africa's Regional Economic Communities (RECs) responses in protecting the migrants. Key recommendations including the strengthening of free movement policies is critical Africa in ensuring that rights of African migrants are protected within Africa; working towards improving migration data to inform policy; enhancing interregional cooperation between Africa's RECs to enhancing the potential of intra-African migration; and fast-tracking the establishment of an effective multilateral forum for Africa and the Middle East for enhancing policy consultation and coordination to guarantee their common interests. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
16. Political configuration and geostrategy: An analysis of the global context influence in Central Asia.
- Author
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Figueroa García, Ana María and Rubio, Tatiana Gélvez
- Subjects
- *
PROCESS capability , *INTERNATIONAL competition , *NATURAL gas pipelines , *PETROLEUM pipelines , *POLITICAL systems , *DEMOCRATIZATION , *GEOGRAPHICAL positions - Abstract
The five new Central Asian States that emerged from the fall of the Soviet Union began a process of State capacity building and the rule of law in their territories. Even though each one has its particularities, the continuity of autocratic political systems is a common factor among them. The privileged geographical position of Central Asia as a mandatory step between Europe and Asia, and its fundamental role in the energy security of world great powers, make the region increasingly important within the political and economic dynamics of the current International System. This might be a factor of analysis that affects changes and configurations in the political arena. This paper examines the extent to which external factors influence domestic politics by drawing on the theoretical background of authoritarian regimes and democratic transition, historical liaisons after the fall of the Soviet Union, as well as external factors such as security affairs, international trade, infrastructure projects in oil and gas pipelines, and competence for scarce water resources in the region. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
17. STATE CAPACITY AND SUPPORT FOR DEMOCRACY: CHALLENGES AND OPPORTUNITIES FOR POST CONFLICT COLOMBIA.
- Author
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Bencardino, Julián Arévalo
- Subjects
DEMOCRACY ,DEMOCRATIZATION ,PEACEBUILDING ,COLOMBIAN politics & government ,POLITICAL systems ,CIVIL rights - Abstract
Copyright of Revista de Economía Institucional is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2018
- Full Text
- View/download PDF
18. Constitutional Justice of Russia within the judicial landscape of contemporary Europe.
- Author
-
ABRAMOVA, MARIANNA
- Subjects
CONSTITUTIONAL courts ,JUSTICE administration - Abstract
Copyright of Revista Derecho del Estado is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2018
- Full Text
- View/download PDF
19. Examining the Unfolding of Disciplinary Proceedings from Various Perspectives within the Context of Belgian and European Law.
- Author
-
DE WOLF, DANIEL, EGGERMONT, FREDERIC, and TIMBERMONT, EVELIEN
- Subjects
EUROPEAN law ,ADMINISTRATIVE remedies ,ADMINISTRATIVE law ,COMPARATIVE law ,WORKPLACE retaliation - Abstract
Copyright of Revista Digital de Derecho Administrativo is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
20. Fighting Corruption in Latin America and the Caribbean at a Supranational Level: Balances and Challenges of the Inter-American Convention Against Corruption.
- Author
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HERNÁNDEZ G., JOSÉ IGNACIO
- Subjects
SOVEREIGNTY ,CORRUPTION laws ,INTERNATIONAL cooperation ,CORRUPTION ,FEDERAL government - Abstract
Copyright of Revista Derecho del Estado is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
21. Constitutionalization of Rights in Colombia: Establishing a ground for meaningful comparisons.
- Author
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Eslava, Luis
- Subjects
CONSTITUTIONAL history ,SOCIAL norms ,HUMAN rights ,CONSTITUTIONAL amendments ,COLOMBIANS - Abstract
Copyright of Revista Derecho del Estado is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2009
22. INTER AND INTRASTATE CONFLICTS NEXUS: THE COLOMBIAN PEACE PROCESS, AS A MEANS TO PREVENT INTERSTATE CONFLICTS IN SOUTH AMERICA AND RETHINK REGIONAL SECURITY.
- Author
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RUIZ, SANDRA MONTOYA
- Subjects
- *
PEACEFUL settlement of international disputes , *INTERNATIONAL security , *GOVERNMENT policy , *RISK assessment ,COLOMBIAN social conditions - Abstract
The Colombian internal conflict case provides useful scenarios, realities and dynamics for nourishing the debate between those who treat internal and interstate conflicts as disconnected or totally independent phenomena and those who argue the frequent links between them. This policy paper is situated in the latter school of thought, and from that angle I shall argue the usefulness of perceiving the nexus between intrastate and interstate conflicts, and its applicability to the Colombian internal conflict. The paper highlights the importance of taking into account the strong nexus in order to prevent international disputes that put regional security at risk; it also suggests that the current Colombian peace process represents an historic opportunity for Colombia -and a great challenge for the Colombian society-while at the same time being an opportunity for thinking about a shared future in the South America region, which challenges the Colombian state and its performance at the international level. [ABSTRACT FROM AUTHOR]
- Published
- 2017
- Full Text
- View/download PDF
23. FRAMING PUBLIC PARTICIPATION AN OVERVIEW OF MICHOACÁN STATE GOVERNMENT.
- Author
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GONZÁLEZ-GALVÁN, OSIRIS S., MARÍN-LEYVA, RENÉ, and DELFÍN ORTEGA, ODETTE VIRGINIA
- Subjects
- *
POLITICAL participation , *STATE governments , *SUBNATIONAL governments , *TRANSPARENCY in government , *PARTICIPATION , *GOVERNMENT policy - Abstract
Since 2015, local governments of 30 Mexican states have joined the National Open Government Partnership to enhance openness through mechanisms of transparency, accountability and citizen participation. The objective of this paper is to analyze the frameworks promoted by the State Government of Michoacán on public participation since the adoption of an open government policy. To achieve the objective, press releases from the Michoacán State Government's page were collected and subsequently examined through a framing analysis. Findings indicate that this subnational government has framed public participation in two ways: as a democratic advance and as a transfer of responsibilities to citizens. At the same time, there is a recognition of new public and private actors sharing public decisions with the government. Despite the progress found in this subnational context, the authors warn of serious risks due to the absence of clear rules for the implementation of mechanisms for public participation. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
24. Technocracy, disaster risk reduction and development: A critique of the Sendai Framework 2015-2030.
- Author
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OSORIO PIÑEROS, JULIÁN DAVID
- Subjects
TECHNOCRACY ,MODERNIZATION theory ,DISASTERS ,FILM criticism ,ECONOMIC structure - Abstract
Copyright of Revista Derecho del Estado is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2020
- Full Text
- View/download PDF
25. Impact of procedural justice on police legitimacy: Evidence from Colombia.
- Author
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LALINDE ORDÓÑEZ, SEBASTIÁN
- Subjects
PROCEDURAL justice ,POLICE legitimacy ,SOCIAL order ,POLICE power ,POLICE services ,ORGANIZATIONAL legitimacy ,POLICE-community relations ,SOCIAL influence - Abstract
Copyright of Revista Derecho del Estado is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2020
- Full Text
- View/download PDF
26. POLICE NETWORK ANALYSIS APPLIED TO STREET CRIME CONTROL IN BOGOTÁ.
- Author
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Sandoval Garrido, Luis Eduardo, Velasquez Monroy, César Alfonso, and Riaño Bermudez, Laura Carolina
- Subjects
THEFT ,CITIZEN crime reporting ,CRIMINAL behavior ,POLICE ,COMMUNITY policing ,HOMICIDE ,CITIES & towns ,CRIME prevention ,RANDOM graphs ,CRIME ,PROBLEM solving - Abstract
Copyright of Revista de Economía Institucional is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
27. Transatlantic Cooperation in Space: Eu-Canada Free Trade Agreement.
- Author
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Weber-Steinhaus, Luise
- Subjects
- *
FREE trade , *OUTER space & international relations , *INTERNATIONAL economic relations , *TWENTY-first century , *INTERNATIONAL relations ,CANADIAN foreign relations - Abstract
National governments are keenly aware of the need for investment in space. Canada, as a formal cooperating state in the European Space Agency (ESA), and Germany, as a leading member state of ESA, are interlinked in Europe's space endeavours. Beyond ESA, Germany and Canada additionally have a strong history of bilateral cooperation on a range of space projects. This paper discusses the novel interdependencies between clear national and now supranational space policies, using the examples of the Canada-European Union (EU) Comprehensive Economic and Trade Agreement (CETA). The agreement covers most aspects of the EU-Canada bilateral economic relationship and includes space. The paper focuses on international space policies, strategic bilateral co-operation, and technical accomplishments. It takes a closer look at German-Canadian collaboration in space programs and offers some reflection on the effect of both the EU and ESA's transatlantic involvement in space. [ABSTRACT FROM AUTHOR]
- Published
- 2014
28. Some Observations on Outer Space from Earth and Some Observations on Earth from Outer Space.
- Author
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Ospina, Sylvia
- Subjects
- *
ARTIFICIAL satellites , *SPACE vehicles , *REMOTE sensing , *EARTH (Planet) , *SOCIAL impact - Abstract
This paper will present the author's views on the use of outer space, and the impact of space activities on terrestrial undertakings. The main focus of this essay will be on satellites, which have radically changed the way we communicate, and also how we perceive our planet. The influence of South American countries on space activities and space policy will be surveyed. The military use of satellites will not be considered in depth, except to provide a context for the development of satellite technology. Rather, this paper focusses on satellites - Earth observation / remote sensing and communications, on the impact they have had, and continue having in our daily lives. [ABSTRACT FROM AUTHOR]
- Published
- 2014
29. Implementing space technology into sustainable development and resilience theory.
- Author
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Arévalo Yepes, Ciro and Arévalo Botero, Mateo
- Subjects
- *
ASTRONAUTICAL research , *ARTIFICIAL satellites , *SUSTAINABLE development , *ECONOMIC development , *TELEMEDICINE - Abstract
The paper explores potential and actual applications of space technology, particularly satellites in the context of sustainable development. The introduction explores the concept of sustainable development from a multilateral perspective and the framework of Rio+20 and the post-2015 development agenda. The paper then introduces space technology and its uses in economic growth, energy, food security, environmental surveillance, including coastal regions, with special emphasis on environmental disasters and the concept of resilience, and the social and welfare uses of humanitarian tele-medicine and tele-education and ways to overcome the digital divide. he conclusion gives recommendations to improve satellite capacity and an analysis of the systemic synergies between space technologies and "green industries" that may lead to tandem growth. [ABSTRACT FROM AUTHOR]
- Published
- 2013
30. THE IMPACT OF PMSC ON THE ROLE OF TODAY'S MILITARY.
- Author
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MACÍAS, ANDRÉS
- Subjects
- *
PRIVATE military companies , *PROFESSIONALIZATION , *PRIVATIZATION , *VIOLENCE , *NATIONAL security - Abstract
The paper seeks to determine whether the use of Private Military and Security Companies strengthens military institutions and the provision of security or, on the contrary, questions the monopoly of the legitimate use of force and generates new challenges to the current role of the military. It analyzes three main realms within the military sphere where the presence of PMSCS may have a direct impact: the exercise of the monopoly of the use of violence, the professionalization of the military, and the process of enrollment of new recruits. The paper highlights that the presence of PMSCS does not affect the continuity of the state's monopoly of the legitimate use of force. It also argues that although PMSCS perform certain activities that enhance the provision of security in a state, the military should always be prepared to overtake those activities delegated to PMSCS and should avoid becoming excessively dependent on private companies to execute them. Likewise, the paper sustains that the privatization of security distorts the conception of professionalism put up front by CMR theorists. Finally, the paper states that the presence of PMSCS obliges today's military to strengthen its recruitment strategies and consolidate a sound enrollment process. [ABSTRACT FROM AUTHOR]
- Published
- 2012
31. How does regionalism unfold? Discussing the relationships of constitution and causation between identity and institutions.
- Author
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Prieto, Germán Camilo
- Subjects
- *
REGIONALISM , *CONSTRUCTIVISM (Philosophy) , *CAUSATION (Philosophy) , *CONSTITUTIONS , *NATIONALISM - Abstract
Constructivist approaches to regionalism underscore the role of identity and institutions in explaining the unfolding of regionalist projects. Constructivism emphasizes relationships of mutual reinforcement between collective identity and regional institutions once these institutions are created. Identity and institutions are often seen as mutually constituted and caused, but constructivist analyses of regionalism conceptualize these relationships in different manners. Through revising the ontological differentiation between relationships of constitution and causation, this paper shows that constructivism faces serious challenges in providing explanations for the unfolding of regionalism. This paper reviews a number of constructivist approaches that conceptualize in different ways the relationships of constitution and causation between collective identity and regional institutions. While some approaches suggest that regional institutions can be caused by a pre-existing collective identity, some others assert that collective identity can be caused by the creation of regional institutions, where the causes of such creation remain open to other factors. The aim of this paper is to reflect on the capability of constructivism to simultaneously provide constitutive and causal explanations for the unfolding of regionalism. The paper shows that constructivist approaches to regionalism tend to be confusing in the differentiation between constitution and causation, and the consequence is that constructivism usually falls into 'under-explanation' or 'under-specification' in meeting the end of 'explaining' why and how regionalism unfolds. In turn, the paper suggests that constructivism needs to broaden and specify more deeply the conceptualization of causal relationships in this case in order to provide better explanations for the ways in which regionalism develops. [ABSTRACT FROM AUTHOR]
- Published
- 2012
32. El senador designado como instrumento de integración territorial: configuración, elección y rol en el sistema político autonómico
- Author
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Daniel Casal Oubiña
- Subjects
Senado ,sistema político autonómico ,integración territorial ,relaciones intergubernamentales ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
Uno de los elementos de reflexión y debate del sistema político español se vincula con la composición, funciones y posición del Senado. La Constitución, en su artículo 69.1, lo define como la cámara de representación territorial; pero como consecuencia del principio dispositivo y el despliegue del modelo autonómico, la composición y las funciones del Senado distan mucho de ser las de una cámara de integración de las entidades territoriales, a pesar de lo cual mantiene elementos federalizantes. Uno de ellos es la existencia de senadores designados por las asambleas legislativas de las comunidades autónomas. El paper analiza y modeliza la configuración de los senadores autonómicos a partir de su regulación, los procedimientos para su elección y la posición institucional que se les otorga en las instituciones de autogobierno con la finalidad de comprender el potencial que tiene este tipo de representantes electos para mejorar la representatividad del sistema.
- Published
- 2023
- Full Text
- View/download PDF
33. From Scapegoats to Victims: The Case of the Isaias Brothers and some Novelties on Transnational Litigation.
- Author
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CABEZAS ALBÁN, VÍCTOR D.
- Subjects
PRIVATE property ,EMBEZZLEMENT ,COMPARATIVE law ,DUE process of law ,SCAPEGOAT ,ACTIONS & defenses (Law) ,INTERNATIONAL law ,VICTIMS ,HUMAN rights violations ,HUMAN rights - Abstract
Copyright of Revista Derecho del Estado is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
- View/download PDF
34. Behavioral Law and Economics: A Complementary Approach to the Standard Perspective.
- Author
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GARCÍA-TEJEDA, ENRIQUE
- Subjects
BEHAVIORAL economics ,RIDESHARING services ,TRANSPORTATION policy ,SOCIAL norms ,BEHAVIORAL sciences ,INTERNATIONAL law - Abstract
Copyright of Revista Derecho del Estado is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
- View/download PDF
35. Private Military and Security Companies, Responsibility of States and International Humanitarian Law: Toward an Interdisciplinary Definition.
- Author
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URUEÑA-SÁNCHEZ, MARIO and OLÁSOLO, HÉCTOR
- Subjects
PRIVATE military companies ,MILITARY law ,PRIVATE security services ,HUMANITARIAN law ,RESEARCH questions ,MILITARY service ,DEFINITIONS - Abstract
Copyright of Revista Derecho del Estado is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
- View/download PDF
36. Socioeconomic Rights in Latin America: Closing the Gap between Aspiration and Reality.
- Author
-
LANDAU, DAVID
- Subjects
RIGHT to health ,CIVIL rights ,JUDICIAL elections ,OMBUDSPERSONS ,RIGHTS ,CONSTITUTIONALISM ,POLITICAL parties ,CONSTITUTIONAL courts - Abstract
Copyright of Revista Derecho del Estado is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
- View/download PDF
37. THE TRADE SECRETS PROTECTION IN U.S. AND IN EUROPE: A COMPARATIVE STUDY/LA PROTECCION DE LOS SECRETOS EMPRESARIALES EN ESTADOS UNIDOS Y EUROPA: UN ESTUDIO COMPARADO
- Author
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Gaido, Chiara
- Published
- 2017
- Full Text
- View/download PDF
38. LOS NEXOS ENTRE CONFLICTOS INTER E INTRAESTATALES: EL PROCESO DE PAZ EN COLOMBIA COMO MEDIO PARA PREVENIR CONFLICTOS INTERESTATALES EN SURAMÉRICA Y REPENSAR LA SEGURIDAD REGIONAL
- Author
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Montoya Ruiz, Sandra
- Published
- 2017
- Full Text
- View/download PDF
39. The trade secrets protection in U.S. and in Europe: a comparative study
- Author
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Chiara Gaido
- Subjects
Trade secrets ,information ,know how ,cybercrime ,cyberespionage ,dtsa ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
Only by deeply understanding the new laws that govern trade secrets protection in the United States and Europe, companies will be able to effectively protect their own trade secrets. The purpose of this paper is to highlight the similarities and differences between both regulations to give useful guidelines to international companies who deal in both geographical areas. Therefore, the paper will focus first on the economic value of trade secrets and the costs related to cybercrime and cyberespionage. Then, it will analyze the US and EU historical legal backgrounds that brought to the adoption of both laws. Finally, this article will make a comparative analysis of the provisions in each law. Hence, the paper makes potential suggestions for companies that deal in both regimes.
- Published
- 2017
- Full Text
- View/download PDF
40. EU and Mercosur vis a vis the Trade Agreement. Remarks from the institutional perspective.
- Author
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Querci, Isabella
- Subjects
- *
COLLECTIVE labor agreements , *DECISION making , *CIVIL society , *SOCIAL development - Abstract
The member States of Mercosur are currently negotiating a Trade Agreement with the EU, as part of the process towards a comprehensive bi-regional Association Agreement. In 2016, the EU and Mercosur members exchanged offers, followed by a negotiation round. The next round will be held in October 2017; while awaiting for political developments, it is worth anticipating some challenges to come, especially from a legal perspective. Both actors have a multilayered system for decision-making, requiring the consensus of a multiplicity of governmental actors and thus enabling them to convey. Furthermore, current dialogues consider a broad range of issues, which were also covered by different EU's agreements with other trading partners. These agreements received critiques from the civil society, which are worth to reflect upon, considering that the trade agreement is due to impact the general negotiation for the bi-regional Association Agreement. The paper develops this reflection from a twofold perspective: that of the institutional nature of EU and Mercosur and that of the democratic deficit in the overall negotiation process. [ABSTRACT FROM AUTHOR]
- Published
- 2017
- Full Text
- View/download PDF
41. Ambush marketing vs. official sponsorship: is the international I.P. an unfair competition regime a good referee?
- Author
-
Diego Pardo Amézquita
- Subjects
Intellectual Property ,Trademarks ,Copyright ,Unfair Competition ,Parasitic Marketing ,Ambush Marketing ,Law in general. Comparative and uniform law. Jurisprudence ,K1-7720 - Abstract
Ambush marketing is a practice that will usually occurs in large-scale events, is not a sponsor seeks to gain benefits of brand exposure and awareness in a context that it would otherwise be available only to official sponsors. This paper addresses why and to what extend ambush marketing be contrasted, provided that it is a practice that current intellectual property and competition law has been unable to deter as well as an alternative measures are difficult to adopt at an international level. This difficulty jeopardizes official sponsoring’s interest on major events and the events themselves. As a result, this paper will (i) briefly examine the intersection between intellectual property rights and sport business in order to (ii) encase ambush marketing as a controversial –yet not necessarily illegal- business practice that exploits another’s commercial effort and deflects attention from official sponsorship of major events. It will then present (iii) the traditional and extraordinary legal responses to these practices, and the issues that they raise, to finally conclude that (iv) there is an urgent need to harmonize, at an international level, the legality –or not- of the matter, regardless of (v) the inherent ambush marketing paradoxes.
- Published
- 2016
- Full Text
- View/download PDF
42. Dinâmica do sistema e crescimento econômico
- Author
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Ramoni-Perazzi, Josefa, Orlandoni-Merli, Giampaolo, and CIBAS
- Subjects
JEL: O40, C60, C63 ,jel:O40, C60, C63 ,Systems dynamics ,Economic history and conditions ,Dinâmica do sistema ,Modelos ,Models, economic growth, systems dynamics ,HC10-1085 ,Crecimiento económico ,Crescimento econômico ,modelos, crecimiento económico, dinámica de sistemas ,HB1-3840 ,Models ,Economic theory. Demography ,Dinámica de sistemas ,modelos, crescimento econômico, dinâmica do sistema ,General Economics, Econometrics and Finance ,Economic growth - Abstract
Digital, Este artículo muestra que la teoría económica se puede analizar mediante la dinámica de sistemas, un enfoque intuitivo que permite representar en forma gráfica los lazos de retroalimentación entre las variables que intervienen en los modelos. En particular, modela la visión del crecimiento de Adam Smith, según la interpretación muy simplificada de Robert Heilbroner, (desarrollada en foma más integral y exhaus-tiva por su maestro, el sociólogo y economista alemán Adolph Lowe) proponiendo un sistema computacional para el estudio de modelos complejos. El trabajo no pretende hacer un aporte original a la modelación económica sino mostrar una herramienta que permite hacer simulaciones con base en los principios de la dinámica de siste-mas, utilizando software especializado; una herramienta que se puede utilizar en la enseñanza para mostrar opciones de modelación alternativas a las convencionales., This paper shows that economic theory can be analyzed by means of system dynamics, an intuitive approach that makes it possible to represent graphically the feedback loops between the variables involved in the models. It models Adam Smith’s view of growth, according to Robert Heilbroner’s highly simplified interpretation, (developed in a more comprehensive and exhaustive way by his teacher, the German sociologist and economist Adolph Lowe) by proposing a computational system for the study of complex models. The paper does not intend to make an original con-tribution to economic modeling, but to show a tool that allows simulations based on the principles of system dynamics, using specialized software. This tool can be used in teaching to show alternative modeling options to the conventional ones., Este artigo mostra que a teoria econômica pode ser analisada por meio da dinâmica de sistemas, uma abordagem intuitiva que nos permite representar graficamente os loops de feedback entre as variáveis envolvidas nos modelos. Em particular, modela a visão de crescimento de Adam Smith, de acordo com a inter-pretação altamente simplificada de Robert Heilbroner, (desenvolvida de forma mais abrangente e exaustiva por seu professor, o sociólogo e economista alemão Adolph Lowe) propondo um sistema computacional para o estudo de modelos complexos. O trabalho não pretende dar uma contribuição original à modelagem econômica, mas mostrar uma ferramenta que permite simulações baseadas nos princípios da dinâmica de sistemas, utilizando softwares especializados; uma ferramenta que pode ser usada no ensino para mostrar opções de modelagem alternativas às convencionais., Ciencias Exactas y Naturales
- Published
- 2021
43. Algunas observaciones sobre el espacio desde la tierra, y algunas observaciones de la tierra sobre el espacio
- Author
-
Ospina, Sylvia
- Published
- 2014
44. Implementing Nature's Rights in Colombia: The Atrato and Amazon Experiences.
- Author
-
RICHARDSON, WHITNEY and BUSTOS, CAMILA
- Subjects
HUMAN rights violations ,HUMAN rights ,JUSTICE ,ENVIRONMENTAL justice ,ENVIRONMENTAL rights ,WATERSHEDS ,LEGAL rights ,COURT orders - Abstract
Copyright of Revista Derecho del Estado is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2023
- Full Text
- View/download PDF
45. Central banking and the crisis. A comparison of the Federal Reserve and the European Central Bank measures, and the ECB's changing role in the eu economic governance system.
- Author
-
Czubala, Marcin Roman and Puente Regidor, Mónica
- Subjects
- *
CENTRAL banking industry , *FINANCIAL crises , *EUROPEAN Sovereign Debt Crisis, 2009-2018 , *MONETARY policy - Abstract
The European Central Bank (ECB) has received a lot of criticism for its too little, too late performance to ease market pressures during the economic crisis. At the same time, the ECB and the Federal Reserve (Fed) have managed the new economic realities that have emerged in the international context differently. Despite the criticisms, the European Central Bank is the European Union institution that has assumed more control due to the new model of economic governance of the EU. Why did the Federal Reserve act so nimbly and quickly to calm the markets, while the ECB was so cautious in managing monetary policy? The aim of this paper is to perform a comparative analysis of the management of interest rates and other monetary policy measures undertaken by the Central Bank and the Federal Reserve during the economic crisis, as well as to understand the changes in the context of the ECB and the emergence of its authority within the European Union's economic governance model since 2011. Thus, in order to carry out a scrupulous exposition, we will also limit the time frame of this study to the 2007-2014 period. [ABSTRACT FROM AUTHOR]
- Published
- 2016
- Full Text
- View/download PDF
46. Transatlantic Cooperation in Space: Eu-Canada Free Trade Agreement
- Author
-
Luise Weber-Steinhaus
- Subjects
CETA ,Canada ,EU ,Europe ,ESA ,Germany ,Political science ,International relations ,JZ2-6530 - Abstract
National governments are keenly aware of the need for investment in space. Canada, as a formal cooperating state in the European Space Agency (ESA), and Germany, as a leading member state of ESA, are interlinked in Europe’s space endeavours. Beyond ESA, Germany and Canada additionally have a strong history of bilateral cooperation on a range of space projects. This paper discusses the novel interdependencies between clear national and now supranational space policies, using the examples of the Canada-European Union (EU) Comprehensive Economic and Trade Agreement (CETA). The agreement covers most aspects of the EU-Canada bilateral economic relationship and includes space. The paper focuses on international space policies, strategic bilateral co-operation, and technical accomplishments. It takes a closer look at German-Canadian collaboration in space programs and offers some reflection on the effect of both the EU and ESA’S transatlantic involvement in space.
- Published
- 2014
47. Some Observations on Outer Space from Earth and Some Observations on Earth from Outer Space
- Author
-
Sylvia Ospina
- Subjects
satellites for earth observation/remote sensing ,communications ,social impact. ,Political science ,International relations ,JZ2-6530 - Abstract
This paper will present the author’s views on the use of outer space, and the impact of space activities on terrestrial undertakings. The main focus of this essay will be on satellites, which have radically changed the way we communicate, and also how we perceive our planet. The influence of South American countries on space activities and space policy will be surveyed. The military use of satellites will not be considered in depth, except to provide a context for the development of satellite technology. Rather, this paper focusses on satellites – Earth observation / remote sensing and communications, on the impact they have had, and continue having in our daily lives.
- Published
- 2014
48. Punishing Our Equals: The Thought of Gargarella Applied to Transitional Justice
- Author
-
Andrés Cervantes Valarezo
- Subjects
reconciliación ,conventionality control ,Latin Americans ,media_common.quotation_subject ,Derecho penal ,Deliberative democracy ,reconciliation ,Political science ,Subsidiarity ,media_common ,Law and economics ,Transitional justice ,transición ,Doctrine ,Criminal law ,K1-7720 ,Democracy ,transitions ,Law in general. Comparative and uniform law. Jurisprudence ,Margin of appreciation ,Law ,control de convencionalidad - Abstract
RESUMEN El artículo expone las líneas maestras del pensamiento de Roberto Gargarella sobre la refundación del derecho penal a partir de la democracia deliberativa y analiza cómo este se inserta y dialoga con otras doctrinas del derecho penal como el garantismo de Luigi Ferrajoli y el minimalismo penal de Eugenio Raúl Zaffaroni. En sintonía con lo anterior, se analiza la posición de Gargarella sobre el rol de los tribunales internacionales ante la justicia transicional y algunas consecuencias prácticas de su pensamiento. Para cumplir este objeti vo se toman como referencias sus trabajos sobre el reconocido caso Gelman vs. Uruguay (2011) y aquellos en los que ha analizado el Acuerdo de Paz de 2016 entre Colombia y las FARC-EP. Finalmente, el artículo muestra cómo el principio de subsidiariedad basado en el principio democrático es un aporte relevante de la teoría de Gargarella y sienta las bases para la construcción de una doctrina de margen de apreciación nacional en América Latina. ABSTRACT The objective of this paper is to present the main ideas of Roberto Gargarella's thought on criminal law from the perspective of deliberative democracy and to analyze how his work dialogues with other doctrines of criminal law such as the ones defended by Luigi Ferrajoli's and Eugenio Raúl Zaffaroni. Fur thermore, the essay analyses Gargarella's position on the role of international courts in transitional justice processes and some practical consequences of his thought. To fulfill this objective, the paper uses as references his works on the case Gelman v. Uruguay (2011) and his texts on the 2016 Peace Agreement between Colombia and the FARC-EP. Finally, the paper shows how the principle of subsidiarity based on the democratic principle is a relevant contribution of Gargarella's theory and lays the groundwork for the construction of a doctrine of a national margin of appreciation in Latin America.
- Published
- 2021
49. The Frontiers of Memory: Human Rights as Potential Limits to the Construction of Memory in Colombia's Law on Victims.
- Author
-
ALIJA FERNÁNDEZ, ROSA ANA, TARAPUÉS SANDINO, DIEGO F., and MARTÍNEZ, ELISENDA CALVET
- Subjects
HUMAN rights ,VICTIM compensation ,CRIMINAL reparations ,TRANSITIONAL justice ,LAND use laws ,MEMORY ,COLLECTIVE memory - Abstract
Copyright of Revista Derecho del Estado is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2022
- Full Text
- View/download PDF
50. Aplicaciones de las tecnologías espaciales para el desarrollo sostenible y en la teoría de la resiliencia
- Author
-
Arévalo Yepes, Ciro and Arévalo Botero, Mateo
- Published
- 2013
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