Núm. 60 (2023)
Permanent URI for this collectionhttp://54.81.141.168/handle/123456789/195799
Tabla de Contenido
Temas de Derecho Internacional Público
Misceláneas
Browse
Search Results
Item Metadata only El control de inversiones en la UE y los EE.UU. Diferentes modelos - ¿Los mismos objetivos?(Pontificia Universidad Católica del Perú, 2023-09-29) Arp, BjörnThis article analyzes the control of foreign investments carried out in recent years by the US and the European Union (EU). This analysis is justified because for only about five or six years on both sides of the Atlantic, the control of investments that reach these territories has been strengthened. The article clarifies and compares the scope of investment control in each of these two territories. This study allows us to observe the risks of a progressive expansion of the notion of “national security”, and especially in the EU - due to the decentralized nature of investment control - to a political use with an impact on relations between Member States and EU bodies, including the judicialization of the definition of national security and public order through the intervention of the Court of Justice of the EU. In addition, investment screening may impact the EU-US trade and investment relations.Item Metadata only La revocación del reconocimiento de estatalidad en el Derecho Internacional(Pontificia Universidad Católica del Perú, 2023-09-29) Rosales Zamora, Pablo; Ambrocio Gil, MaríaWhile there are extensive doctrinal reflections on the study of States in international law, there has been little interest in the analysis of the revocation of statehood recognition (derecognition) and its legal feasibility. Some scholars have argued that this is because such a phenomenon is purely theoretical and rarely observed in reality.Considering that there are prominent cases where the revocation of previously granted statehood recognition is evident, the most frequent being those of some “emerging states”, it is considered that the withdrawal of recognition deserves to be examined and criticized from the perspective of public international law; moreover, because the doctrine is a tool that can assist states in the examination of specific cases involving derecognition. States need to have guidelines that allow them to orient themselves in relation to the revocation of recognition and to know whether there are scenarios where it is considered possible to use this figure.In this sense, the authors aim to explore some of the probable contexts surrounding the revocation of recognition of statehood, offering a vision of this figure from the principle of good faith in public international law. Additionally, they propose a formula for the exceptional application of withdrawal of recognition in the context of premature recognition or the loss of some of the elements of statehood.Item Metadata only La asunción de la teoría de los delitos de infracción de deber y sus consecuencias en la jurisprudencia peruana(Pontificia Universidad Católica del Perú, 2023-09-29) Pariona Arana, RaúlThe theory of duty crime has been taken by national and international literature and their propositions have been applied by Peruvian jurisprudence. The usefulness of the theory has been identified mainly in public official’s crimes. In the case-law review, there isn’t a single theoretical position, because different approaches are taken place. However, it highlights the consensus about practical consequences that theory brings, such as the restriction of perpetration to people specially bound by a special duty, the consideration of the extraneus as participant and, about the evidentiary point of view, the necessity to prove the special duty and its infringement to determinate the perpetration in these crimes.Item Metadata only Feminicidio. De la teoría feminista al Derecho Penal Peruano(Pontificia Universidad Católica del Perú, 2023-09-29) Rodríguez Vásquez, Julio AlbertoThis article addresses the evolution of the category of femicide. It studies its birth in feminist theory, its translation and development in Latin American academia, its use in international law and its transformation into a crime. The analysis of the evolution of this concept allows highlighting its singular and autonomous character. Thus, the study of this category helps to strengthen the doctrine that defines femicide as the killing of a woman for gender reasons, that is, the killing of a woman in a context in which the victim failed to comply with gender stereotypes.Item Metadata only Explorando el potencial del litio peruano: retos y oportunidades(Pontificia Universidad Católica del Perú, 2023-09-29) Rivera Daza, PamelaThe article explores the potential of lithium in Peru, addressing the challenges and opportunities to achieve sustainable development and generate economic and social impact. Peru has significant lithium reserves, but the lack of clear and effective regulation has limited foreign investment. The importance of addressing social and environmental issues is highlighted. In addition, the relevance of lithium in the manufacture of rechargeable batteries for electric vehicles and renewable energy storage systems is discussed. Finally, the article concludes that the potential of lithium to contribute to the transition towards a low carbon economy is considerable but requires a coherent and transparent strategy to guarantee its sustainable exploitation.Item Metadata only Apropiación cultural en la industria audiovisual. Un análisis socio jurídico de una problemática internacional de los últimos veinte años(Pontificia Universidad Católica del Perú, 2023-09-29) Modica Bareiro, Aldo FabrizioThe aim of this paper is to analyze the international problem of cultural appropriation in the audiovisual industry during the last twenty years, from a sociological and legal perspective, and its linkage with intellectual property rights. It will start from a conceptualization of the term and then delimit its analysis towards traditional cultural expressions and their various forms of protection in the international arena. The economic numbers of the film industry will be known and then the study will focus on the various components of cultural appropriation in films, both in the extrapatrimonial aspects (negative representations, stereotypes, and discriminatory behaviors) and in the patrimonial aspects (unauthorized exploitation and undue economic exploitation of collective rights). Finally, a detailed study of two audio-visual works by Disney (The Lion King and Frozen), will be carried out.Item Metadata only El sometimiento obligatorio a la Corte Internacional de Justicia en el Pacto de Bogotá(Pontificia Universidad Católica del Perú, 2023-09-29) Méndez Chang, ElviraArticle XXXI of Pact of Bogotá (1948) created the obligation for States parties to submit their disputes to the International Court of Justice “in conformity with” article 36 paragraph 2 of its Statute. In this regard, Honduras held the position that Article XXXI required each State party to make a declaration in accordance with its Statute in order to unilaterally bring the case to the International Court of Justice in the case concerning Border and transborder armed actions (Nicaragua v. Honduras). Then, a question arises: what is the relationship between these two articles? After analyzing international law, jurisprudence and doctrine, the conclusion is that these articles are not related to each other because they are two independent titles of jurisdiction whose differences are found in the source of the State consent, to whom they apply and the disputes that can be settled by the International Court of Justice.