(Pontificia Universidad Católica del Perú, 2016) Montero Aroca, Juan
This article deploys Tango along with the lawsuits concerning to whom participated in the elaboration of “La Cumparsita” and its lyrics as a frame of reference for discussing about copyrights and intellectual property. In addition to giving an opinion about the procedure to arrive at the final solution related to the adjudication of the copyrights along its effects of that in each one of the beneficiaries, the author tell us a little bit of the process of creating this musical composition as well as the scope it had during its time.
(Pontificia Universidad Católica del Perú, 2016) Ulloa Millares, Daniel Augusto
The Internal Labor Regulations is a rule law that could be created by the employer. In that sense, its position in the system of sources is residual because it can not contravene the government rules nor the collective agreement content. However, case law has considered it many times to assess the validity of a dismissal or the existence of an employment relationship. This article seeks to review these issues and to assess the validity of the rule that regulates it (Supreme Decree 39-91-TR).
(Pontificia Universidad Católica del Perú, 2016) Bernales Ballesteros, Enrique
In this article, the author makes a critical analysis of the political regime in the 1993 Constitution. He begins analyzing the institution of the Presidency of the Republic, along with its vices and defects, criticizing the concentration of power in the figure of the President and the authoritarian management of his attributions, characteristics that are meaningless in a republic system. Thus, he concludes with a new vision of the figure of the President of the Republic and his attributions in order to achieve an improvement in the functioning and efficiency of the State, without affecting the democratic balance.
(Pontificia Universidad Católica del Perú, 2016) Casado, María
El presente artículo analiza el rol de los derechos humanos en la disciplina de la Bioética, y asimismo, explica cómo esta disciplina y la democracia están relacionadas. Para ello, la autora primero define la Bioética y describe el contexto de pluralismo en el que surge, luego describe la relación entre ética, moral y Derecho, y finalmente, explica cómo los derechos humanos funcionan como guías en el desarrollo de la Bioética.
(Pontificia Universidad Católica del Perú, 2016) Atienza Rodríguez, Manuel
In this article, the author analyzes the impact of the Kantian concept of human dignity in the UN Convention on the Rights of Persons with Disabilities. Likewise, the author elaborates a critique of the principle which argues that persons with disabilities’ individual autonomy and capacity to make decisions must be respected, regardless of the particular circumstances of the case, and finally proposes an interpretation of this principle based on the principle of equality.
(Pontificia Universidad Católica del Perú, 2016) Castello Illione, Alejandro
This contribution analyzes the role fulfilled by International Labor Standards and, specifically, by social clauses in Free Trade Conventions and Agreements, as a way of preventing social dumping and building a social dimension in the globalization and regionalization of economy. The author offers the case of the MERCOSUR Labor and Social Declaration, issued in 2015, which amends that of the year 1998, studying its contents, legal efficacy and supervision mechanisms. He emphasizes the fact that social charters generally limit themselves to recognizing fundamental or basic labor rights already found in the legislation of the member countries, but which are nonetheless useful for hindering attempts to deregulate or relax social and labor provisions.
(Pontificia Universidad Católica del Perú, 2016) Taruffo, Michele
In this article, the author tells us about the precedent along with its characteristics, as well as its role in the law. He tells us, also, about the situation of a precedent ruled by an International Court and its implications in the domestic law of each country. Likewise, he defines what is not a precedent and points us how effective is in the Law. Finally, he points us about the particularity and the universalism in the precedents, then he gave us his final thought of this theme.
(Pontificia Universidad Católica del Perú, 2016) Rodríguez Lozano, Luis Gerardo; Garza Hernández, Talia
The author makes an inquiry into the evolution of the State as a product of what is known as the Modern State. The study focuses on the historical and legal aspects of the concept of the Rule of Law as a product of the Modern State, in order to analyze the construction and institutionalization of a system of asset liability of the State.
(Pontificia Universidad Católica del Perú, 2016) Morón Urbina, Juan Carlos
The author performs an analysis of the power that public entities have, under certain assumptions, to attend their own needs for goods, services and proyects without the need of contracting with private individuals, but using self-provision. The study covers the conditions under which entities can opt for this alternative, the limits that exist for it and the consequences they bring to the effectiveness of the entity’s management. In addition, the author proposes considerations that should be adopted by legislation in the field for greater control and verification of the conditions of effectiveness.
(Pontificia Universidad Católica del Perú, 2016) Quintana Sánchez, Eduardo; Villarán, Lucía
This article addresses the way entry regulation works, creating prohibitions for the access of new competitors to markets (absolute effects) or limitations to the number of providers that can operate in the market (relative effects). The paper also assesses whether Peruvian legal framework allows for entry regulation, because it guarantees free private initiative and prohibits the creation of legal monopolies. Finally, several examples from Peruvian experience are used to explain the scenarios were entry regulation can have suitable and reasonable justification, as well as other scenarios were such measures lack support and cause negative effects on the market and consumer choices.
