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In Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea (Nicaragua v. Colombia) , the International Court of Justice delves into the matter of exclusivity when assessing alleged violations committed by foreign States within an Exclusive Economic Zone. Additionally, the Court examines the legality of legislative acts concerning the contiguous zone and outlines criteria for the drawing of straight baselines. The Court's aim seems to be establishing a comprehensive theory of exclusivity, seeking to allocate and balance the rights and jurisdiction of coastal States and other States involved. In this context, it becomes apparent that the abstract notion of freedom of navigation imposes limitations on coastal States, preventing them from enacting legislation that expands the scope of their jurisdiction or adopts a liberal interpretation of permissible conditions within relevant regulatory frameworks. The implications of this theory for the evolution of the legal order pertaining to maritime spaces warrant significant attention. [ABSTRACT FROM AUTHOR]

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Copyright of Propiedad Inmaterial is the property of Universidad Externado de Colombia, Centro de Estudios de la Propriedad Intelectual 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.)

In April 2022, the ICJ pronounced its judgments on the merits in Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea (Nicaragua v Colombia). While the judgment makes interesting contributions to the law of the sea jurisprudence, the Court's problematic finding on jurisdiction ratione temporis is the subject of this paper. Applying what it refers to as 'continuity' and 'connexity' criteria, it found that Colombia's withdrawal from the Pact of Bogotá would not prevent it from considering facts submitted by Nicaragua which arose after the Pact ceased to be in force for Colombia. An in-depth analysis of the jurisprudence the judgment referred to reveals that the Court was building on convoluted cases, some of which have conflated questions of jurisdiction and admissibility. Based on the Court's jurisprudence, this paper argues for a more systematic approach to dealing with preliminary issues arising from new claims and submissions. [ABSTRACT FROM AUTHOR]

Copyright of Revista Electrónica Gestión de las Personas y Tecnologías is the property of Revista Electronica Gestion de las Personas y Tecnologia 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 paper aims to make a philosophical approach to the theory of language in legal expressions, which increasingly establish measures that seek to differentiate the keys of the codes that have been budgeted from the theories of language in the construction of legal discourse, For this purpose, a theoretical analysis has been carried out, which from the philosophical theory can be appropriated by reviewing the sentence T 626 of 2022, where the Colombian constitutional court has detached itself from the forms and legal technicalities to be understandable to a child who acts as a receiver of the message. In such a way that this introduces a reflection that appropriates the interpretation of the law from the intellectual authors and not from the message, generating a significant transformation that must be considered within the legal hermeneutics. [ABSTRACT FROM AUTHOR]

Copyright of Estudios Socio-Jurídicos 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 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 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 Iustitia is the property of Universidad Santo Tomas, Bucaramanga 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 de Derecho Privado (0123-4366) is the property of Universidad Externado de Colombia, Departmento de Derecho Civil 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.)

Gaius' inclusion of the figure of quasi-crime had a great impact on the subsequent conception of the glosadors and the natural law regarding civil liability; the difficulties in differentiating this figure from crime contributed to the subjective conception of responsibility, embodied in Napoleon's Civil Code. French doctrine and jurisprudence created an objective liability factor based on the risk of the fact of things. This did not happen in the same way in Colombia; Don Andrés Bello's code was not a copy of the French Code, its author took into account other sources and did not incorporate into the code a general rule of responsibility for the fact of things. In light of the historical account of the receipt of the factors for attribution of civil liability, it is impossible in Colombia to support the theory of risk in article 2356 CC col. [ABSTRACT FROM AUTHOR]

This research article using a documentary analysis methodology, tries to expose the jurisprudential developments that have occurred by the Constitutional Court and the Labor Chamber of the Supreme Court of Justice in relation to the fundamental right of reinforced labor or occupational stability. The foregoing, with the purpose of studying cases of guardianship files that were resolved by lower court judges in the framework of the Covid-19 pandemic and that demanded the protection of this right and with these to check whether the rulings adhere to the jurisprudential criteria established by the high courts. [ABSTRACT FROM AUTHOR]

Copyright of Estudios Socio-Jurídicos 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 Revista Internacional de Cooperación y Desarrollo is the property of Universidad de San Buenaventura 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 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 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 Revista Brasileira de Estudos Politicos is the property of Universidade Federal de Minas Gerais (Revista Brasileira de Estudos Politicos) 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 Ius et Praxis (07172877) is the property of Universidad de Talca 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 Latin American Law Review is the property of Universidad de los Andes 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 research effort addresses different difficulties faced by the victims of the armed conflict in Colombia as a result of delays in the recognition and payment of compensation as a component of comprehensive reparation. It is approached from a qualitative approach, a documentary method and collection and analysis of information. In the theoretical basis and results, a description of integral reparation as a fundamental right is made, the right to a reasonable term is analyzed from the elements given in the Inter-American jurisprudence, and the precarious advances that have been made in the recognition and payment of compensation in the factors of non-compliance with the reasonable term in the compensation system and its recognition through the tutela action from the compliance of the sub-rules for its proceeding are also exposed. Finally, conclusions and recommendations are proposed. [ABSTRACT FROM AUTHOR]

In the regulation of the vindicating action, the Colombian, Argentine, and Chilean civil law use different procedural moments to determine when the loss of good faith and the duty to restore the fruits of the claimed assets occur. The Argentine Civil Law uses the legal notification of the demand, while the Colombian and Chilean Civil Code use the statement of defense. However, in Colombia, doctrine and jurisprudence, opposed to the text of articles 964 and 966 of the Civil Code, interpret that good faith is lost with the legal notification of the demand. The present work --making comparative lines between the legislations of the referred countries-- tries to outline what are the reasons behind choosing one or another procedural moment and, with this, elucidate why, if the Chilean and Colombian academy both start from an equal norm, they end up arriving at different interpretations, opposed to each other. [ABSTRACT FROM AUTHOR]

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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.)

Copyright of CIVILIZAR: Ciencias Sociales y Humanas is the property of Universidad Sergio Arboleda 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 Justicia (0124-7441) is the property of Universidad Simon Bolivar 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.)

Advances in human rights are indispensable during the development of public policies in health and legal frameworks that guarantee integral health care; euthanasia and assisted suicide continue to be concepts widely discussed in medicine, and especially in bioethics due to the weight they have in the decision-making process of the terminal patient and palliative care. These terms, their use, approval, and legal regulation depend on the influence of various determinants such as biomedical research, religious beliefs, and sociocultural aspects. However, what allows the interpretation and observation of results are the practices supported by the legislation of each country; Colombia is the only country that has decriminalized euthanasia in the region and is actively progressing in related issues. In this order of ideas, the objective of this review is to analyze the international legal frameworks on the definition and use of euthanasia and assisted suicide to understand the evolution of regulations on end-of-life care. [ABSTRACT FROM AUTHOR]

This article proposes to analyze the Colombian Constitutional Court's conception of the gender perspective in cases related to sexual orientation and non-heteronormative gender identities in educational institutions. The methodology is qualitative, framed in the theoretical approaches of legal feminisms and intersectionality, as a point of reference to analyze the pronouncements of the Constitutional Court on the subject. It is concluded that educational institutions must be understood as scenarios of power, where it is necessary to put tension on the hegemonic discourses on sex, gender, sexual orientation and sexogenic identity. Therefore, it is required the materialization of the guidelines of the Constitutional Court and Human Rights with an intersectional approach to ensure the dignified life of children and adolescents. [ABSTRACT FROM AUTHOR]

The study shows the disputes around the right to health. It begins in 2008, year in which health was declared an autonomous fundamental right by the Constitutional Court. It ends in 2015, the moment in which the Statutory Health Law is enacted. The research was carried out through the documentary analysis of sources from the archives of Congress, the Constitutional Court, the press and academic texts. Likewise, semi-structured interviews with key actors in the conflict and categories of analysis related to the conception of the right to health were conducted and implemented. From this, advances in the jurisprudence of law were evidenced; the dichotomy of a State that guarantees health as a fundamental right and at the same time defender of the market; positions of the actors that transit between the defense of a cost-effective system and groups inclined to defend health as a fundamental right in charge of the State. [ABSTRACT FROM AUTHOR]

Copyright of Iustitia is the property of Universidad Santo Tomas, Bucaramanga 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 CES Derecho is the property of Universidad CES 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 Justicia (0124-7441) is the property of Universidad Simon Bolivar 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 de Derecho Privado (0123-4366) is the property of Universidad Externado de Colombia, Departmento de Derecho Civil 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 de Derecho Privado (0123-4366) is the property of Universidad Externado de Colombia, Departmento de Derecho Civil 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 de Derecho Privado (0123-4366) is the property of Universidad Externado de Colombia, Departmento de Derecho Civil 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 Cuadernos de Derecho Penal is the property of Cuadernos de Derecho Penal 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 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.)

This article intends to carry out a critical analysis of the figure of the State of unconstitutional affairs (ECI), focusing mainly on the one declared by the Constitutional Court from the sentence T-153 of 1998, through which the constant and massive violation of Human Rights to persons deprived of liberty in penitentiary centers and prisons in Colombia, a violation that persists and is still in force today. The methodology developed is documentary and analytical from which the conceptual use of modern constitutional currents that adhere to and holistically permeate contemporary legal theory, specifically: neo-constitutionalism. On which, it will be evaluated due to the criticism raised by legal positivism, headed by some theorists such as Professor Juan Antonio García Amado. [ABSTRACT FROM AUTHOR]

In the past decades, public bodies made growing attempts to ensure urban developers financed public urban infrastructure. These attempts have led to debates in international urban planning literature addressing the legitimacy of public value capture. However, the relevance of jurisprudence remains underreported. This paper aims to partially fill this gap by exploring, in four countries, the relevance of jurisprudence for the legitimacy (which contributions are legal, when and why) of a specific public value capture tool: Developer Obligations (DOs). In the case of Dutch and English courts, their decisions supported the legitimacy of gradual enlargement of the scope of obligations. The Spanish courts focus on the equal share of contributions among all landowners instead. In these three countries, the legality of contributions might be addressed in different ways while it is not fundamentally disputed. In Colombia it was—and jurisprudence ended the discussion. • In the last few decades, public bodies made growing attempts to ensure urban developers finance public urban infrastructure. • These attempts have led to debates in international urban planning literature addressing the legitimacy of public value capture. However, the relevance of jurisprudence remains underreported. • This paper aims to explore the relevance of court decisions for the legitimacy of a specific public value capture tool: developer obligations (DOs). • In the case of Dutch and English courts, their decisions enabled the gradual enlargement of obligations. The Spanish courts focus on guaranteeing the equal share of contributions made by all of landowners instead. The legality of contributions is not disputed in these three countries—but it is in Colombia. [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.)

Copyright of Verba Iuris is the property of Universidad Libre Bogota, Centre de Investigaciones Socio Juridicas de la Facultad de Derecho 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 Verba Iuris is the property of Universidad Libre Bogota, Centre de Investigaciones Socio Juridicas de la Facultad de Derecho 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.)