Agenda Internacional. Vol. 30 Núm. 41 (2023)
URI permanente para esta colecciónhttp://54.81.141.168/handle/123456789/196309
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Ítem Texto completo enlazado El consentimiento estatal en el spotlight: un análisis actual de su naturaleza jurídica, su aplicación a la justicia internacional y la importancia que reviste para el derecho internacional(Pontificia Universidad Católica del Perú, 2023-11-15) de Trazegnies Valdez, Carlos FernandoThis paper focuses on state consent as a central and fundamental concept within International Law. It addresses its general legal nature, its relationship with principles of International Law such as the pacta sunt servanda, consuetudo est servanda and good faith; and its classification according to the doctrine. It rigorously defines the concept and its effects in the international sphere. Likewise, the author analyses state consent from the perspective of International Procedural Law, particularly from the perspective of the International Court of Justice. In this regard, he addresses the modalities of access to the jurisdiction of the International Court of Justice, as well as the prerogatives it has to find itself to be competent in relation to the consent of the parties. Finally, this paper proposes an analysis on the case of the Arbitral Award of 1899, between Guyana and Venezuela, based on the relativization of state consent at the hands of the International Court of Justice. It is concluded, in this regard, that the Court created a mistake by attempting to analyze whether the consent expressed by the States had been unequivocal.Ítem Texto completo enlazado Consideraciones sobre la evolución jurídica del concepto de refugiado(Pontificia Universidad Católica del Perú, 2023-11-15) Sánchez Velásquez, DavidIn view of the call by the United Nations High Commissioner for Refugees (UNHCR) for Latin American States to recognize Venezuelan migrants as refugees, in accordance with the expanded definition contained in the Cartagena Declaration on Refugees (1984), it is necessary to review the evolution of the refugee concept and to take a closer look at the regulations that the most important regional systems for the protection of human rights have adopted on this legal concept. In this way, we will better understand the reasons that allow us to affirm that Venezuelan migrants should be recognized as refugees.Ítem Texto completo enlazado De la condena a la cooperación: la evolución de la posición de China hacia las operaciones de mantenimiento de la paz de la ONU(Pontificia Universidad Católica del Perú, 2023-11-15) Chávez Mazuelos, Jorge AntonioIn its capacity as a great power, China has assumed greater responsibilities regarding the provision of global public goods. Therefore, it has become the UN Security Council’s permanent member which contributes the largest amount of troops to peacekeeping operations. Consequently, China has steadily increased its financial contributions and registered an 8.000 peacekeeping stand-by force. Nonetheless, China’s current leadership in the field of peacekeeping operations differs radically from its initial rejection for missions which it regarded as imperialist instruments destined to undermine the progress of revolutionary movements and weaken the principle of sovereignty. Therefore, in this article, I will explain the evolution of China’s stance toward UN PKOs from an outright rejection to a moderate opposition, and from a limited support to an active participation. Furthermore, I will explain how PKOs enable China to protect its national interests in conflict zones and upgrade its military capabilities through military operations other than war. (MOOTW). Finally, I will explain that this stance is the reflection of evolving national conception roles and of a more ambitious Chinese foreign policy; through which Beijing seeks to strengthen international cooperation, safeguard its interests and nationals overseas, redefine international norms and global governance schemes and reaffirm its great power status.Ítem Texto completo enlazado ¿Estuvo el orden del comercio internacional de la posguerra dirigido al éxito mientras que el orden monetario de Bretton Woods establecido en 1944 estaba signado por el fracaso?(Pontificia Universidad Católica del Perú, 2023-11-14) de Urioste, RicardoThis paper explores the reasons embedded in the original architecture of both the international trade and monetary regimes that determined different outcomes for both. It proposes that the original version of the Bretton Woods monetary regime showed faster its essential failures and basically had to be replaced as early as 1971, while the trade regime embodied in the GATT and later in the WTO managed to at least survive until present day. It posits that correspondence (or the lack of it) of the basic characteristics of the said regimes with the underlying political reality where the regimes would apply (in line with Ruggie´s depiction of «embedded liberalism») accounts for the differentiated outcomes. It explains that the international trade regime showed more flexible traits that allowed it to adjust to the underlying political and led to its survival. The lack of that adaptability element would likewise explain the early demise of the original Bretton woods scheme.Ítem Texto completo enlazado Inmigración en Latinoamérica en democracias con Alzheimer(Pontificia Universidad Católica del Perú, 2023-11-14) Abedrapo, JaimeLiberal democracies in postmodern times face challenges such as climate change, access to clean and renewable energy sources, and immigration. In this regard, we will observe the trends to address these issues, with a special focus on Latin America and immigration. In this regard, the civilizational crisis we are witnessing tends to forget its cultural origins, therefore, its legitimacy based on the norms that founded the post-World War II world order. An issue that we have understood as an affectation of Alzheimer’s, which precisely prevents immigration phenomena from being understood from their causes.Ítem Texto completo enlazado La influencia francesa jaqueada en África(Pontificia Universidad Católica del Perú, 2023-11-15) Belaunde Matossian, FranciscoThe relative loss of French influence in Africa should not be surprising in a context of competition among various powers to mark their presence on the continent. However, this phenomenon, which could be considered inevitable, is currently aggravated by the spread of a feeling of rejection of France in several of its former colonies, such as the Central African Republic, Mali and Burkina Faso. This is due to reasons attributable to France itself, as well as to the action of Russia, which, in the last few years, has shown itself to be quite enterprising in that area. Among the first, we can mention the memory of the abuses of the colonial era, as well as the period of the so-called Françafrique and certain current clumsiness; the latter basically concern the Russian propaganda and narrative widely disseminated on the continent. The French government seeks to react with some actions that can be considered wise, but it is clear that its effort will take some time to bear fruit.Ítem Texto completo enlazado Regulando la navegación marítima del futuro: la Convemar y los trabajos sobre la regulación de los buques marítimos autónomos de superficie (MASS) en la Organización Marítima Internacional(Pontificia Universidad Católica del Perú, 2023-11-15) Pacheco de Freitas, José AugustoThe regulation of maritime autonomous surface ships (MASS) will need to redefine the traditional legal and conceptual categories of the law of the sea, whose rules were adopted over the basis that ships were manned by a master and crew on board. An evolutionary interpretation of UNCLOS allows to justifiy that the IMO endeavours to regulate the operation of MASS. Within this framework, the IMO has completed an exploratory study, in which it adopted a preliminary definition of autonomous ships and identified three high-priority themes: the meaning of the terms master, crew, or responsible person; the consideration of the remote-control station or centre; and the possibility to designate remote operators as seafarers. Subsequently, the IMO established in 2022 a workplan to adopt a goal-based non-mandatory MASS Code in 2024 and a mandatory Code in 2025. Following the exploratory study and the workplan, the negotiations for the regulation of MASS at the IMO began in 2022. This ongoing work is considering how to adapt the existing regulation to allow States to operate MASS in compliance with the obligations and rights provided in UNCLOS and the IMO instruments, ensuring maritime safety.Ítem Texto completo enlazado Las relaciones entre Venezuela y los EE.UU. durante el gobierno de Donald Trump. Entre el discurso radical, el pragmatismo económico y el garrote de las sanciones(Pontificia Universidad Católica del Perú, 2023-11-14) Bodemer, KlausBased on the central importance of oil in the Venezuelan economy and politics, as well as the consequent dependence of the Andean country on the US its main oil buyer this paper takes stock of the bilateral relations between both countries, particularly during the years of the Donald Trump administration. Lacking an articulated strategy, the North American government applied a policy of sanctions that failed in its main objective: the fall of Chavismo and a regime change. The causes of failure are multiple and are due to both internal and external factors. In our analysis we will use the categories of social constructivism and two levels game, respectively.