Search

Brazil and Uruguay have a historical tradition of welcoming refugees, especially those who are victims of armed conflicts around the world, and, due to their proximity to neighboring regions, those forced to leave their countries due to political and financial crises. With these premises, this academic paper will explore the landscape of fundamental rights for refugees, focusing on the legislation of Brazil and Uruguay. It will also delve into specific developments related to new issues of protection concerning gender and sexuality vulnerabilities, as well as collective issues, such as the irreversible impacts of climate change. Finally, the paper aims to demonstrate the possibility of adopting new technical and legislative criteria and measures to strengthen refugee protection. The importance of implementing public policies that reach a greater number of people in need and that update the legal concepts and instruments to address the emerging challenges is highlighted. [ABSTRACT FROM AUTHOR]

In the years 2022 and 2023, two draft new Constitutions for Chile were held in plebiscite. They were prepared following different procedures, and were inspired by opposite political orientations. Both proposals were rejected. In terms of international law, these draft Constitutions proposed interesting modifications, some of which were more appropriate than others. This work describes and evaluates such amendment proposals, with the goal of contributing to the debate on possible reforms to the Chilean Constitution of 1980 in the area of international law. [ABSTRACT FROM AUTHOR]

Copyright of Revista do Curso de Direito do UNIFOR is the property of UNIFOR Law Course Magazine / Revista do Curso de Direito do UNIFOR 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.)

Copyright of Prolegómenos Derechos y Valores is the property of Prolegomenos Derechos y Valores 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.)

To achieve a search based on the qualitative approach, it becomes of vital interest to study transitional justice and the impact it has on the economic, social and cultural rights of the victims of the armed conflict. This article begins with a delimited discussion of "fiscal sustainability and its impact on the decisions issued by the Superior Court of Bogota, Justice and Peace Chamber". Then, a concrete case is taken to analyze it in detail and reach conclusions in accordance with the topic studied. [ABSTRACT FROM AUTHOR]

Copyright of Dixi is the property of Universidad Cooperativa 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.)

Copyright of Academia & Derecho is the property of Universidad Libre - Seccional Cucuta 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.)

Copyright of Revista Criterio Libre is the property of Revista Criterio Libre 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.)

This article analyzes historical memory in the context of the recent controversies of the National Center for Historical Memory and the precautionary measures decreed by the Special Jurisdiction for Peace over the archives of the National Museum of Memory in order to protect them from modification or alteration. To achieve this analysis, a brief description of the relationship between memory and conflict is made; then there is a definition of historical memory in the framework of transitional justice; subsequently, the role of the Memory Centers is interpreted from the point of view of international law, its conception as part of the cultural and intangible heritage of humanity; and finally, the idea of a general clause of material immutability of the Memory Centers is raised. [ABSTRACT FROM AUTHOR]

The question of how the different legal orders work jointly is one of the issues most studied by legal scholars. Various theories have arisen trying to explain it, oscillating between monism and dualism. Among these proposals is the theory of transconstitutionalism, put forward by Brazilian professor Marcelo Neves; through conceptual assumptions unrelated to law, he claimed to have achieved an all-encompassing answer to this question. Based on a correlational methodology, this article aims to critically approach this theory, demonstrating that it has been overvalued in terms of its functionality and usefulness, particularly in the relations between international law and domestic law in the Latin American context. [ABSTRACT FROM AUTHOR]

Copyright of IUSTA is the property of Universidad Santo Tomas 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.)

Our purpose in this Foreword article is to revisit, update, and theoretically revise Mauro Cappelletti's path-breaking work Judicial Review in the Contemporary World. Our main cartographical device, in homage to Cappelletti, is the wave metaphor. We map three sequential and overlapping worldwide, global waves of judicial review within a constitutional order. The first wave is the series of "constitutional revolutions" within national legal orders. The second wave is the emergence of international law as the source of the higher law which courts use in their exercise of their power of judicial review. The third wave is a response and reaction to the first and second waves: one dimension of the third wave is the attempt of domestic courts to make up for the rule of law, democratic and identitarian lacunae in transnational governance (voice). Another dimension--exit--is the set of instances in which courts (and states) seek to exit the first and/or the second wave. The interplay between the waves and their dialectical features constitute the explanatory framework we offer in this article. By highlighting the dialectical relations within and between waves we hope to challenge a dominant narrative on constitutionalization processes as progressive and evolutionary. [ABSTRACT FROM AUTHOR]

Copyright of Nomadas (01217550) is the property of Universidad Central 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.)

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

This article presents an analysis regarding the international protection given to women in matters of the inequality from a capacity and protection of women's right perspective in the jurisprudence of the Inter-American Court of Human Rights. The work has been structured in two parts, in each one of those different considerations are held about the documents found in the documental and exploratory research. As conclusion, this work states that even if there are important legal and normative advancements, the persistence of the atrocious violations still committed against women around the globe in general and in Latin-America particularly, ends up being a fragile security and vulnerability frame made evident in those countries. [ABSTRACT FROM AUTHOR]

Copyright of Revista Pensamiento Americano is the property of Corporacion Universitaria Americana 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.)

Copyright of Anuario Colombiano de Derecho Internacional is the property of Colegio Mayor de Nuestra Senora del Rosario 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.)

Copyright of Precedente is the property of Universidad ICESI 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.)

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.)

This contribution aims to describe the main features of the legal transplant of financial education to Colombia. To meet this goal, it explores the nature of financial education as a set of guidelines issued by the Organization for Economic Cooperation and Development (OECD); highlights the legal norms and policy documents in which it has been translate at the national level; ponders the role of non-state actors in this process; and depicts the way this form of education is currently being implemented in Colombian schools. This article concludes that this legal transplant not only consists in the import of juridical standards, but in the circulation of arguments and reasons, which create the intellectual and political platform to national strategies of financial education. More important than the explicit justifications given in official documents, is the quest for prestige in the international economic arena and the need to mimic models regarded as exemplary. [ABSTRACT FROM AUTHOR]

In this article we show a number of limitations of epistemological and conceptual kind which offers the international legal category of sexual and reproductive rights. These limitations largely cause its (in) effectiveness in practice, especially when it comes to cover and protect the full implications of the experiences of women in the reproductive sphere and therefore, we believe that it must be taken into account to transfer the international legal standards -- or the principles that they contain -- into the domestic legal orders or simply, trying to apply these standards. [ABSTRACT FROM AUTHOR]

This article analyzes the role played by the Monroe Doctrine in the disagreements that took place between Spain and the United States in Latin America during the 1880s. Based on diplomatic sources preserved in archives in the United States and Spain, the article argues that these apparently peripheral incidents reveal that the Monroe Doctrine was a lasting, although flexible, principle of U.S. foreign policy in Latin America. Specifically, the evidence suggests that the motor behind the evolution of the doctrine was U.S. domestic policy. [ABSTRACT FROM AUTHOR]

The different concepts of international financial law are considered in this article, and its role in maintaining order in the global financial system is examined. The author analyzes the connection between financial law and other regulators; namely, private international law, domestic law and soft law. [ABSTRACT FROM AUTHOR]

The main thesis of this article is that the increasing recourse to the use of unmanned aerial systems in asymmetric warfare and the beginning routinization of U.S. drone operations represent part of an evolutionary change in the spatial ordering of global politics. Using a heuristic framework based on actor-network theory, it is argued that practices of panoptic observation and selective airstrikes, being in need of legal justification, contribute to a reterritorialization of asymmetric conflicts. Under a new normative spatial regime, a legal condition of state immaturity is constructed, which establishes a zone of conditional sovereignty subject to transnational aerial policing. At the same time, this process is neither a deterministic result of the new technology nor a deliberate effect of policies to which drones are merely neutral instruments. Rather, military technology and political decisions both form part of a long chain of action which has evolved under the specific circumstances of recent military interventions. [ABSTRACT FROM AUTHOR]

Since its beginnings, the space race has been a unique activity because of the technological advances that has brought. However, it has also increased risks for humanity and the environment. This made necessary the creation of a special international regulation. By general rule, this regulation is considered liable in all means by the States that practice or promote space activities from their own territory or installations. This typology of liability impedes that States exonerate themselves from repairing damages caused by them, even if they allege their own diligence. This article inquires on the guarantee philosophy behind this special regulation, which promotes that victims receive reparation of caused damages efficiently [ABSTRACT FROM AUTHOR]

Copyright of Anuario Colombiano de Derecho Internacional is the property of Colegio Mayor de Nuestra Senora del Rosario 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.)

This article shows the evolution of the integration of the Andean Community (CAN) from an International Law perspective. It is inferred that the Andean Integration System (SAI) has not only promoted business, but also the DC community's right law applied by this group, limiting trade agreements and giving institutionalism and supranationalism to CAN organization, becoming a point of reference for the recent creation of the South American Nations Union (UNASUR). At CAN, the new open regionalism creates uncertainty about the future of this organization. [ABSTRACT FROM AUTHOR]

This article lists the most significant historical events with respect to international migration in the twentieth century, which can be regarded as the century of mass migration and the uprooted. The goal is to reflect on the behavior that has maintained this phenomenon in the past, to define its current situation, and to understand the trends in migration so far during the twenty-first century. The connections between immigration and asylum are identified, as are their differences. Both these phenomena are closely related but must be treated differently. [ABSTRACT FROM AUTHOR]

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

Copyright of Revista de la Facultad de Derecho y Ciencias Políticas is the property of Revista Faculdad de Derecho y Ciencias Politicas 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.)

Copyright of Prolegómenos Derechos y Valores is the property of Prolegomenos Derechos y Valores 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.)

The article discusses the legal statute of the United States' procedures concerning Taliban detainees at Guantánamo Bay. When questioning the refusal of American authorities to concede these prisoners the status of "prisoners of war" in the terms of the Geneva Conventions, the author claims a critical revision of this international protocol. [ABSTRACT FROM AUTHOR]