ReseñasOrtega Hernández, Rolando Joaquín, Mecanismos alternativos de resolución de conflictos por medios electrónicosDavid López Jiménez* http://orcid.org/0000-0002-7013-9556* EAE Business School, España; Correo-electrónico: [email protected] conflictos son consustanciales a las relaciones humanas. Los intereses de carácter adverso, antagónico, pero también la diversidad de...
Práctica internacional mexicanaEl protocolo modificatorio al T-MEC. Su recepción en derecho internoManuel Becerra Ramírez* http://orcid.org/0000-0003-3957-9446* Universidad Nacional Autónoma de México, México; Correo electrónico: [email protected] 30 de noviembre de 2018 se firmó el Tratado México, Estados Unidos, Canadá (T- MEC, o USMCA por sus siglas en inglés...
Práctica internacional mexicanaEl asilo político concedido a nacionales ecuatorianos en MéxicoIngrid Berlanga Vasile* http://orcid.org/0000-0003-2290-8995* Fletcher School, Estados Unidos de América; Correo electrónico: [email protected] México, “es una facultad discrecional del Estado admitir a un extranjero en su territorio y actuar como su protector, al considerar que...
Práctica internacional mexicanaImplementación del T-MEC. Las medidas tecnológicas de protección y el régimen de limitaciones de la Ley Federal del Derecho de Autor de MéxicoJorge Luis Ordelin Font* http://orcid.org/0000-0001-8778-882X*Faculdade Meridional IMED (PNDP/CAPES), Brasil; E-mail: [email protected] 1o. de julio de 2020 fue publicado en el Diario Oficial de la...
The Colombian Peace Agreement has the main objective of putting an end to the conflict in the country through an unique peacebuilding mechanism. All the measures taken in order to ensure peace in Colombia are based on this Agreement. The role of international organizations is fairly marginal and their work is closely tied to the Colombian Peace Agreement’s provisions...
This article explores the challenges faced by the peruvian migration system in the face of the massive arrival of refugees with disabilities. Using the social model of disability as an analytical approach, the authors emphasize the importance of making an intersectional approach to migration policy. They identify, from a disability perspective, the main problems in peruvian...
This article focuses on the study of control of conventionality made by the Inter-American Court of Human Rights regarding in relation to the human rights of judicial guarantees and judicial protection of persons as migrants. The result is obtained from a basic legal, descriptive, and deductive investigation that identifies the conventional spaces generated from citation spaces...
The objective of the article is to analyze the movement of attack on international institutions from the case of Venezuela in the view of the theory called backlash and the damage to the democratic clause in the inter-american system of human rights. The work will address the situation of Venezuela before the domestic legal system and international systems of human rights...
The purpose of this paper is to analyze, in light of the multilevel human rights protection, the evolution of the treatment given by international criminal law to sex crimes, in particular to rape, since its genesis in the first documents of the modern law of war, the Hague conventions and the post-Second War tribunals, following the material and procedural contributions by the...
The search for missing persons is an ethical and legal problem that has captured the attention of important international bodies. In this context, the United Nations Committee against Enforced Disappearances approved in 2019 the Guiding Principles for the Search for Missing Persons. Although this is a set of good practices systematized in a soft law instrument, they represent a...
This paper analyzes the different legal aspects of the evidence assessment in asylum claims on the basis of sexual orientation and gender identity. More specifically, it gives special attention to the applicant’s account both at the stage of the submission of the asylum application and in the stage of the assessment by the national authorities. This research is focused mainly on...
This text has as central point the study of Soft Law as a new paradigm of international legal-normative scenario, dealing specifically with the Guiding Principles on Internal Displacement as a document directed to the establishment of minimum standards for the protection of idps (internally displaced persons), as well as the prevention and solution of problems related to internal...
The Tax Reform of the United States of America that came into force in 2018 has brought several relevant changes, the most important of which is the reduction of the federal corporate income tax rate from 35% to 21%. The foregoing results in that, according to Article 176 of the Income Tax Law of the United Mexican States, is that the United States of America may be considered a...
This paper deals with birthright citizenship in the United States of America and explains how this nation is one of the 34 countries that grant nationality by Ius Soli, that is, by the fact of being born in national territory, as derived from the fourteenth American constitutional amendment, and in this case, an unrestricted acquisition of nationality, although it should be noted...
This work deals with the first international arbitration controversies in which environmental issues are present: Fur Seals Arbitration, United States and the United Kingdom (1893); Trail Smelter Arbitration, United States of America versus Canada (1938 and 1941); and Affaire du Lac Lanoux, Espagne versus France, (1957). The first two arbitrations, resolved before the creation of...
The article analyzes the controversy between Argentina and Chile, following the discovery of a waste dump in the Andes Mountains, originated in the activity of a Chilean mining company, which threw the disused material into Argentine territory. This dispute is studied in the light of the rules on international liability and taking into account the dispute resolution mechanisms to...
This article is an approach to the last piece of the itinerary followed by Kosovo in the determination of its status, that will be described focusing on the documents and actions of the parties concerned and on the role played by the international community. The relevance will prove when it comes to figure whether there is a possibility that a Constitution is the superior legal...
This article aims to study pacifism and peace research in relation to the political theory of international relations that consider war as an object of study and primordial analysis throughout modern thought. Using historical and bibliographical research we intend to identify pacifism and peace as a human and fundamental right in the international order and in the internal legal...
As Henkin pointed out, “almost all nations observe almost all principles of international law and almost all of their obligations almost all of the time”. This implies that non-compliance is an exception, that can be brought before an international tribunal/court so that any controversy can be solved. This means that new obligations for the intervening State or States are created...
The development of practically any new technology involves pressures on the legal framework that generally show the difficulties the law suffers in order to advance at the same pace. In some cases, these pressures acquire significant relevance, probably not because of their visibility, but because of the consequences that poor regulation could generate. This article analyses...
The paper deals with the problem of the so-called “war against terrorism”, UN sanctions and possible international criminal responsibility of international terrorist organizations (ITOs), and the influence thereof on the contemporary concept of “international legal personality”. Thereby, ITOs as the addressees of the international legal norms which incriminate terrorism and...
In the 21st century, the full existence of International Criminal Law (ICL) is spoken with greater property, clarity and foundation because of a double process: the internationalization of criminal law and the criminalization of international law. Today it is conceived as a specialized branch of public international law, which has gradually evolved until reaching its...
The source of validity of Public International Law -the reason why international norms are legitimate and mandatory- has been discussed by philosophers and internationalists with no reachable consensus. Nonetheless, there is a contemporary tendency towards favoring Objectivist narratives, which believe that any source is suprapositive, beyond State will. This article defends...
The article analyzes the immunity of international organizations and their staff and officials when they are nationals of the host State, establishing differences with diplomatic immunity. In first place, the article studies the object and purpose of international organizations as a parameter of their immunity. Then, the conventional basis for the immunity of officials of...
No Latin American country is neither party to the “Convention on the Protection and Use of Transboundary Watercourses and International Lakes” (1992) nor party to the “Convention on the Law of Non-Navigational Uses of International Watercourses” (1997). Consequently, it is worth asking how far both conventions - which have universal scope, faithfully reflect the international...