Agenda Internacional. Vol. 26 Núm. 37 (2019)
URI permanente para esta colecciónhttp://54.81.141.168/handle/123456789/174850
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Ítem Texto completo enlazado La doctrina del Control de Convencionalidad. Un pretendido cambio de paradigma en la región americana(Pontificia Universidad Católica del Perú. Fondo Editorial, 2019-10-16) Tello Mendoza, Juan AlonsoThis article has three purposes in order to contribute to the ongoing debate around the doctrine of conventionality control. First, to determine its current definition according to the own jurisprudence of the Inter-American Court of Human Rights. Secondly, to present the most relevant consequences that, both in constitutional law and in public international law, suppose the acceptance of this doctrine in question. In the third place, we intend to show why the eventual States’ approval of this doctrine must take into account, preferably, the parliament participation rather than the national high courts’ involvement.Ítem Texto completo enlazado Los muros fronterizos. Una aproximación jurídica a la luz de los derechos humanos(Pontificia Universidad Católica del Perú. Fondo Editorial, 2019-10-16) Enrico Headrington, AlessandraThe objective of this article is to analyze the complex problem of border walls. Specifically, it introduces a legal lens to the issue in order to determine whether these border walls could affect the exercise of individual human rights. With this purpose in mind, the phenomenon of border walls is examined from historical and political perspectives, concluding that since the fall of the Berlin wall and the advent of globalization, these physical barriers stand as a significant contradiction to a world that is supposedly freer and more open. It also purports to examine the general social contexts and justifications that explain why states resort to building walls on their borders. The article then addresses the constant tension between two considerations: on the one hand, the appeal to state sovereignty, and on the other, the human rights of the particular people and communities on the border lines. It emphasizes that state sovereignty must evolve in conjunction with the humanization of international law. Finally, the article discusses the two required elements to establish state responsibility in the context of border walls. For example, the commission of a wrongful act, such as the violation of the right to life or the right to physical integrity, constitutes a breach of an international obligation, which satisfies the first requirement to establish state responsibility. To fulfill the second requirement, the wrongful act must be attributed to the state, which is possible if the order for construction qualifies as a governmental act. That being said, a finding of state responsibility in this context per se is inevitably a case-specific analysis.Ítem Texto completo enlazado Los nueve años del TLC Perú – China. Su negociación y sus resultados(Pontificia Universidad Católica del Perú. Fondo Editorial, 2019-10-16) Chan, JulioThe Free Trade Agreement between Peru and China has as characteristics a long process of gestation and a brief process of negotiation. Tariffs benefits agreed allow for the great majority of potential Peruvian exports products to have access to tariffs reductions. On the other hand, almost all Peruvian products sensitive to Chinese competition were excluded from the tariff reduction process or were included with up to 17 years of tariffs reductions. After nine years of entering into force, it is concluded that the agreement has been beneficial for Peru, notwithstanding the essential characteristic of its trade structure: that of being interindustrial.Ítem Texto completo enlazado ¿La región como trampolín para la emergencia global? Las estrategias regionales de Brasil y Turquía(Pontificia Universidad Católica del Perú. Fondo Editorial, 2019-10-16) Adins, SebastienTaking into consideration the transitory nature of the current international system, this article aims to analyze the relationship between the global emergence of several powers from the South and their regional policies. After an exploration of the academic literature on regional, middle and rising powers, the author compares the regional strategies of two states, Brazil and Turkey, based on four dimensions: their relative power resources, the self-perception regarding the region, the strategies and roles that constitute their regional policy and the reception of this projection by its neighbors and the main extra-regional powers. From this comparison, the relationship will be established between the regional strategies of both countries and their global emergence aspirations.Ítem Texto completo enlazado La obligación de negociar en el derecho internacional: un análisis a la luz de la clasificación de las obligaciones de comportamiento y de resultado(Pontificia Universidad Católica del Perú. Fondo Editorial, 2019-10-16) Moreno, AntoninoThis work examines the obligation to negotiate regarding the case filed by Bolivia before the International Court of Justice concerning the obligation to negotiate sovereign access to the Pacific Ocean. For that purpose, it will put emphasis on the strategy followed by Bolivia, regarding certain pros and cons of its case theory. After that, it will study the obligation to negotiate and its development in the international jurisprudence. Subsequently, emphasiswill be done to the theoretical distinction between the obligations of means and obligations of result with the aim to identify in which of these two categories does the obligation to negotiate fit. Finally, it concludes supporting that the obligation to negotiate could be qualified as an obligation of conduct or an obligation of result, according to the content that it has.Ítem Texto completo enlazado La protección de la salud de las personas frente al libre comercio de mercancías en la Comunidad Andina(Pontificia Universidad Católica del Perú. Fondo Editorial, 2019-10-16) Reyes Tagle, YovanaArticle 73 of the Cartagena Agreement recognizes that the protection of human life and health can be justified through the adoption of import restrictions in the Andean Community. This paper analyzes the suitability between the national measure adopted and the objective pursued. The quantitative restrictions introduced by Ecuador to reduce the emission of greenhouse gases to protect human health and their justification in the light of the Cartagena Agreement are used as a case study. The paper argues that the analysis of an import restriction adopted to protect human health does not only require a quantitative assessment of thevcontribution of the restriction to achieve the desired objective; namely, that the sector or activity that causes the problem is the most significant. A qualitative approach is necessary.Ítem Texto completo enlazado La interpretación sobre el juez nacional en el Tribunal de Justicia de la Comunidad Andina(Pontificia Universidad Católica del Perú. Fondo Editorial, 2019-10-16) Mendoza, YolandaAlthough the preliminary interpretation is considered as a non-contentious community process, its effects make it the main instrument used by the Andean Court of Justice with the purpose of guarantee respect for the Andean Community Law. To comply with such important work, the Community court needs the cooperation of national judges, since they are the only ones authorized to request the preliminary interpretation and to adopt, in their final decisions, the interpretation that this Court of Justice makes on the Andean community standards.In view of that, it is imperative to have an appropriate interpretation of the term national judge, the same one that is described in Article 33° of the Treaty of Creation of the Andean Court of Justice. Such interpretation would ensure the full identification of the legitimate national operator, also considered as a Community judge for their collaboration in the application and in the uniform interpretation of the Andean legal system in the territory of the Andean Community’s Member Countries.After analyzing the main judgments of the Andean Court of Justice related to the interpretation of the term national judge, we verify that this Community body, expressly, does not use the rules of interpretation established in the Vienna Convention on the Law of Treaties of 1969. This Court of Justice opts for an interpretation that extends its meaning and, consequently, understands that the national judge is also an administrative functionary with a jurisdictional function and an arbitrator.Ítem Texto completo enlazado La relación entre el principio de legalidad en derecho penal internacional y la tipificación internacional de los crímenes de lesa humanidad: una perspectiva histórica(Pontificia Universidad Católica del Perú. Fondo Editorial, 2019-10-16) Pacheco de Freitas, José AugustoThis article reviews the processes of consolidation of the principle of legality and of the criminalisation of crimes against humanity in international criminal law from a historical perspective. It starts with the Nuremberg Tribunal of 1945 and then traces the development of these two processes side-by-side: the enshrinement of the principle of legality in a series of universal treaties protecting human rights between the 1960s and the 1980s and the criminalisation of crimes against humanity in the Statutes for the International Criminal Tribunals for the former Yugoslavia and for Rwanda and in the Rome Statute of the International Criminal Court.Ítem Texto completo enlazado Un recurso natural invisible: los acuíferos transfronterizos(Pontificia Universidad Católica del Perú. Fondo Editorial, 2019-10-16) Cossío Klüver, Manuel Augusto deThis text deals with water resources existing in transboundary aquifers. It highlights the global importance of water, in particular of groundwater, for human development and the sustainability of ecosystems. The abundance of this natural resource deserves a study of the legal regime that can be applied. In this regard, the development of binding and non-binding regulations applicable to the study of transboundary aquifers is reviewed. Finally, one of the international disputes that have developed around the use and exploitation of transboundary underground water resources is briefly analyzed.Ítem Texto completo enlazado Los ciclos de política exterior peruana focalizados en la solución de las controversias fronterizas(Pontificia Universidad Católica del Perú. Fondo Editorial, 2019-10-16) Boza, JoséPeru has had since 1900 two periods focused on solving boundary disputes. The first one, from 1902 to 1942, aimed efforts at negotiations to fix Peru’s international borders with its five neighbors. The second one, between 1995 and 2014, aimed at solving all pendingboundary issues, including fully implementing boundary treaties with Ecuador and Chile, as well as defining maritime limits with both countries. In sum, half of the time elapsed since the year 1900 Peru’s foreign policy centered on solving peacefully disputes regarding the country’s international boundaries.