Vol. 28 Núm. 39 (2021)
URI permanente para esta colecciónhttp://54.81.141.168/handle/123456789/185670
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Ítem Texto completo enlazado La intervención de terceros Estados ante la Corte Internacional de Justicia: identificando criterios jurisprudenciales para la aceptación o denegación de las solicitudes(Pontificia Universidad Católica del Perú, 2021-11-16) Roca Calderón, JosselynThere are three possible types of intervention by third States in the disputes before the International Court of Justice. Intervention for the interest of a legal nature and intervention for the construction of a convention are stipulated in the ICJ Statute, but intervention by necessity of consent of an indispensable party has been established in the jurisprudence of the aforementioned court. Within this article each type will be detailed, as well as the guidelines and/or criteria established by the ICJ itself, which have provided content to the concepts established in its provisions, either in the Statute or in its Regulations. For these purposes, their jurisprudence will be analyzed in cases with requests for intervention to identify common denominators in their pronouncements.Ítem Texto completo enlazado Fronteras Brasil y Perú, espacio de integración y cooperación(Pontificia Universidad Católica del Perú, 2021-11-16) Laurente, Itala; Filippi, Eduardo ErnestoBorders are spaces where relations between the local population and the different levels of government, whether national or subnational, are condensed. Therefore, it is relevant to create border areas of peace and sustainable development, based on regional cohesion, social integration, and territoriality, which contributes to the reduction of tensions between countries and consolidates the processes of integration and continuous cooperation. Particularly, the borders of Brazil and Peru have a strategic relevance due to their biodiversity, geographic location, presence of lakes and rivers and because it is a space for the economic development.The reason for developing this article is that Brazil and Peru have a series of border dynamics, whether territorial, social, commercial and economic. The objective of the article is to analyze the border regions between Peru and Brazil as a space with distinctive characteristics, which helps to determine possible future actions in border integration. The study is descriptive, with a qualitative approach based on documentary and quantitative review of secondary sources. It concludes that there is a need to use political, economic, social and bottom-up strategies that incorporate different multilevel actors, as well as to strengthen existing projects that allow the flow of trade and market of both Peruvian and Brazilian products across the borders, and finally, to strengthen integration and cooperation between borders to combat illegal activities and improve the development of these regions.Ítem Texto completo enlazado La política exterior rusa pos Guerra Fría. ¿Caso paradigmático de revisionismo?(Pontificia Universidad Católica del Perú, 2021-11-16) Adins, SebastienAlmost unanimously, official speeches and documents and, at the same time, a large number of academic texts in the West brand Russia as a “revisionist” power. Especially since the annexation of Crimea and Sevastopol by Moscow and the start of the Donbas conflict in 2014, the Eurasian state has been considered as a “spoiler” of international politics, supposedly in search of the weakening of the values, rules and institutions of the so-called “Liberal International Order”. This article aims to problematize this statement by arguing that the category of revisionism does not constitute a one-dimensional international state behaviour, or an objective one. On the other hand, following Murray (2019), revisionism, in addition to its domestic roots, is built through social interactions with other countries, as part of a state’s struggle for recognition. After a review of the literature on this concept and the position of Murray's theory, this article analyses the motives and strategies of Russia in the post-Cold War international order, as well as the capabilities that support its foreign policy. In this light, it will assess the “degree” of revisionism in Russia’s international relations of recent years.Ítem Texto completo enlazado Tensión creciente y Japón: Asia del Este en la década de 2010(Pontificia Universidad Católica del Perú, 2021-10-19) Murakami, YusukeThis article analyzes the more and more tense situation in East Asia of the 2010s and Japan’s challenges in the face of this situation. More than thirty years after the fall of the Berlin Wall, the order and status quo of the second half of the last century have been strongly destabilized both globally and in various parts of the world. East Asia, where Japan is located, is the region where these global dynamics have been most acutely felt, and in recent years, together with the Middle East, has become a potential «powder keg of the world». Historically, Asia has not reached a level comparable to that of Europe in terms of the institutionalization of regional order among its component countries. The precarious post-war status quo has been profoundly shaken in this century. The inconsistent diplomatic-strategic position of the United States has allowed the expansionism of the emerging China, while South Korea, the bridgehead of the United States’ diplomatic-strategic alliance in the region of post-war, has rather moved closer to China and North Korea. In the face of ever-increasing tension, Japan nowadays more than before face the challenge of breaking the post-war «inertia» to come to define its political role in the region and the world in the search for a new regional order of the middle- and long-term.Ítem Texto completo enlazado La adaptación del Perú ante el ascenso de China a inicios del siglo XXI: entre el pragmatismo y la aquiescencia(Pontificia Universidad Católica del Perú, 2021-11-16) Ramírez Bullón, Javier ErnestoThis paper seeks to describe and explain the character of Peruvian foreign policy towards China during the early 21st century. From a historical perspective focused on the role of internal factors, the analysis identifies the main governmental and nonstate actors that shape the China-Peru relation in three key dimensions: political/diplomatic, economic/ commercial, and military/strategic. Furthermore, shows how these aspects interrelate each other to shape the structure and the political process behind the adaptation of Peru to the rise of China. The study ends with some final thoughts on the benefits and vulnerabilities of maintaining a pragmatic approach to China. In this sense, the findings recognizes that one of the virtues of pragmatism is the construction of a flexible foreign policy, capable of diversify alliances with multiple great powers. However, the analysis also warns of the need to understand how the national interests of Peru are constructed vis-à-vis China, since the pragmatic proximity can hide an acquiescent international attitude.Ítem Texto completo enlazado Hidropolítica en las zonas áridas y semiáridas de los Andes de América del Sur(Pontificia Universidad Católica del Perú, 2021-11-16) de Cossío Klüver, ManuelAccording to conventional knowledge, interstate competition to access scarce planetary freshwater sources is likely to become one of the main concerns of governments and the world’s population in the coming decades. If this prediction is fulfilled, the already existing tensions between States could increase when more intense competition is added for the water resources located on their borders. These tensions would become more acute in arid or semi-arid areas, such as the Andes and the South Pacific coast, where there is a chronic shortage of fresh water as well as water stress, where the retreat of glaciers and the pressures that are exerted on limited existing water resources magnify the overall scarcity picture, and thus water stress. This article is part of a study on the emerging water stresses of the use and management of transboundary water resources in arid and semi-arid zones, as well as its impact on the security of the States that share international watercourses. The case of the Silala hydrographic system, located in the puna of the Atacama Desert, will be used to analyze the political factors that could trigger water conflicts, as well as hinder the adoption of cooperative agreements.Ítem Texto completo enlazado ¿Qué esperan los latinoamericanos de la democracia?. Un modelo de análisis de varianza (ANOVA)(Pontificia Universidad Católica del Perú, 2021-11-16) Miranda Delgado, Rafael GustavoThe objective of this research is to analyze the impact of material variables on the satisfaction of democracy in Latin America. The hypothesis that guides this research is that material variables such as security, poverty reduction, equity and employment have a significant impact on the satisfaction of Latin American citizens with their democratic regimes. The research showed that the material variables are significant for understanding citizen satisfaction with democracy. Material variables explain more than 30% of the satisfaction, or dissatisfaction, of democracy in the region. The most demonstrative variables in the satisfaction of democracy are the poverty gap, and then the victimization rate.Ítem Texto completo enlazado La congelación de las líneas de base y de los límites marítimos de los Estados insulares en riesgo de perder la totalidad de sus respectivos territorios debido al aumento en el nivel del mar ocasionado por el cambio climático(Pontificia Universidad Católica del Perú, 2021-11-16) Velásquez Barrionuevo, Alejandro JoséThis article presents the current problem of the sinking of the terrestrial spaces of certain insular states due to the rise in sea level caused by climate change. This problem led to the approval of the topic Sea-level rise in relation to international law in the programme of work of the United Nations International Law Commission, particularly in the area of statehood. The legal implications of the total sinking of the terrestrial space are analyzed in accordance with current international law, verifying that the final one is the loss of statehood. In order to solve the legal problem raised, the application of a legal fiction is proposed by which the baselines of the States at risk are considered frozen, which has already been presented as an issue to be studied in the aforementioned area by the International Law Commission.Ítem Texto completo enlazado La relevancia de los amicus curiae en los arbitrajes internacionales de inversión pos COVID-19 en materia de salud pública(Pontificia Universidad Católica del Perú, 2021-11-16) Carbajal Valenzuela, Christian; Mendoza Neyra, YolandaTo reduce the spread of the COVID-19 virus, States have been taking various measures to safeguard public health and other interests of their populations, actions that are not exempt from criticism, some will be considered necessary and reasonable, adopted in accordance with the state regulatory powers provided for by International Law. Others, on the other hand, because they might be considered arbitrary, disproportionate, and discriminatory, will be understood as violating International Investment Law and specific standards contained in Investment Treaties. Probably, in relation to many of these measures, the most discordant voices will be those of foreign investors, who may consider their interests severely harmed.Because of this situation of collision between legal regimes and interests protection of public health vs. protection of foreign investment, this article explores how amicus curiae, in times of emergency such as the one we are experiencing, will be of particular relevance to the issuance of reasonable decisions by arbitral tribunals in the forthcoming international investment arbitrations concerning public health. If the appropriate participation of amicus curiae in procedures with a clear public interest involved is consolidated, it will be an element that will contribute fundamentally to the implementation of transparency mechanisms in the investor-state dispute settlement system, which is absolutely necessary for its legitimacy.Ítem Texto completo enlazado Biden y América Latina. Desafíos regionales para la política exterior estadounidense(Pontificia Universidad Católica del Perú, 2021-11-16) Quispe Robles, Javier LucianoWhat are the challenges Joe Biden’s foreign policy faces in Latin America? The American president has promised to open a new era in foreign relations with Latin American countries after four years of Trump’s unilateral and unpredictable foreign policy. However, there are processes underway in Latin America that impose significant constraints for US foreign policy: processes of democratic erosion in several countries of the region, a competitive regional environment led by regional Latin American powers, and a growing presence of China in the region. This article discusses how these processes shape Latin American regional politics and how they challenge the Biden’s broad agenda, ranging from environmental issues, migration, corruption, and human rights. Finally, the article analyzes the engagement of the United States with Latin American countries in light of recent events. Thus, the paper seeks to contribute to the discussion on factors that affect foreign policy and the relationship of the United States with Latin America.