Texto completo enlazado
América del Sur en el comercio global (2007-2016)
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2018-10-10) Fernández Rodríguez, Milú O. V.
This paper analyzes the main characteristics of the trade of goods and services of South America according the changes in the international context. Mainly, it analyzes the commercial flows, the main commercial partners and the main characteristics of the goods and services marketed. In addition, the analysis is done at the region and country level.
Texto completo enlazado
¿Cómo vivir sin acuerdos internacionales de inversión? Propuestas para un derecho interno atractivo a la inversión extranjera y la prevención de conflictos
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2018-10-10) Saco, Víctor; Torres, Pamela
This article develops the following idea: A change in the internal regulatory framework related to foreign investors in a State can be useful to prevent conflicts and Investor-Sate Dispute Settlement. Also it can serve to States that have terminated its international agreements to remain attractive to Foreign Direct Investment at the legal level. The change of the internal regulation may follow the basic standards of International Investment Agreements in order to achieve this goal.
Texto completo enlazado
El crimen de agresión en el Estatuto de la Corte Penal Internacional
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2018-10-10) Burneo Labrín, José Antonio
In December of 2017, within the framework of the Rome Statute that creates the International Criminal Court, the 16th Assembly of States Parties adopted by consensus the Resolution ICC-ASP / 16 / Res.5, entitled «Activation of the jurisdiction of the Court over the crime of aggression». Under the aforementioned Resolution, it was established: (i) the definition of the crime of aggression adopted in 2010 by the Conference of States Parties to the Rome Statute, held in Kampala (Uganda) has become applicable. Likewise, the universal scope of the criminal sanction of this crime is reaffirmed, by virtue of non-conventional international legal norms, like customary norms or jus cogens, and (ii) effective jurisdiction is granted to a jurisdictional body, the International Criminal Court, in order to administer justice with respect to the crime of aggression. In this paper it will be addressed the question of the definition of the crime of aggression under the Statute of Rome and its universal impact (Section I) and, then, the question of the jurisdiction of the International Criminal Court on this crime (Section II).
Texto completo enlazado
Desarrollos recientes sobre Cyberlaw (derecho de la Internet) en los EE.UU.
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2018-10-10) Stewart, David P.
This article surveys recent developments in domestic U.S. law relating to key issues in Internet (or Cyber) Law. Rapid technological advances have posed serious challenges to traditional legal doctrines and approaches relating to (for example) fundamental issues of privacy, freedom of speech and expression, and protection against unwarranted governmental intrusion. How has the law responded to these key challenges? Since the United States lacks a comprehensive legislative structure addressing these issues, most of the recent developments have come in the form of judicial decisions.
Texto completo enlazado
Una estrategia de desarrollo para la Amazonía fronteriza del norte del Perú
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2018-10-10) Martinetti, Eduardo
In the context of the upcoming celebration of the twentieth anniversary of the Peruvian-Ecuadorian Peace Agreements of 1998, the article examines the performance of the Binational Plan for the Development of the Peru-Ecuador Border Region (Plan Binacional para el Desarrollo de la Región Fronteriza Perú-Ecuador) in compliance with its original investment program aimed at reversing underdevelopment conditions and raising the quality of life of the border population. Although the public financing made in the last two decades has beensubstantial, an overall assessment points to the persistence of important social, economic as well as social and productive infrastructure gaps within the Amazonian area of the Peruvian border, inhabited mainly by indigenous peoples.Based on this verification, the Peruvian Chapter of the Binational Plan (Capítulo Perú del Plan Binacional) has set out to restore institutional capacities envisaged in its mandate, as well as others recently established by Peruvian legislation, in order to strengthen its development-promoting and government management-articulation functions in the border area.To this end, it has drawn and is financing an integrated intervention strategy focused on five Amazonian river basins, while promoting at the same time the prioritization of public investments in social and productive infrastructure as well as the improvement of social services provided in the area, under interculturality and sustainability approaches.In order to overcome the welfare approach, the strategy proposes the development of skills and the gradual transformation of the productive base, in a friendly way with the natural environment, as an alternative to achieve the sustainable social development of the Amazonian border populations.
Texto completo enlazado
El impacto de la jurisprudencia del Tribunal de Justicia de la Unión Europea en la definición del principio de libre circulación de mercancías en la Comunidad Andina y el Mercosur
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2018-10-10) Reyes Tagle, Yovana
The Andean Court of Justice (ACJ) and the Permanent Tribunal of Review (PTR) of Mercosur have used the European Court of Justice (ECJ) case law to define the principle of free movement of goods enshrined in the Cartagena Agreement and the Treaty of Asuncion. This paper seeks to analyze the manner in which the ACJ and the PTR have applied the ECJ case law in order to determine the existence of trade restrictions. It is argued that there is a need to developed a contextual interpretation of the principle of free movement of goods in the Andean Community and Mercosur that clarifies and develop the concepts of the Cartagena Agreement and the Treaty of Asuncion in the light of their own integration processes, of which the ACJ and the PTR are part.
Texto completo enlazado
Implicancias del Brexit en la Unión Europea
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2018-10-10) Prado, Josefina del
June 23, 2016, will be a day difficult to forget, mainly in Europe. Should the United Kingdom remain part of the European Union (EU) or not?, was the question posed in the historic referendum and the majority, with a very little margin, voted in favor of leaving the EU.This is how the United Kingdom became the first country that decided to leave the European Union, where it remained for more than four decades, dealing an unprecedented blow to an emblematic integration process worldwide. In what it seems an irreversible process, the United Kingdom began on March 29, 2017, the formal process to leave the European Union (EU), activating Article 50 of the Treaty of Lisbon that provides a mechanism for the voluntary and unilateral withdrawal of a country of the European Union.The result of the referendum and the express mention of the recovery of independence and sovereignty by the British Prime Minister Theresa May reflect the primacy of Eurosceptic or Europhobic positions on the island against the pro-Europeans. In the following lines, we will reflect on the underlying forces of the European integration process, its main milestones, to analyze the role of the United Kingdom in it and the impact of the withdrawal of the UR to the EU.
Texto completo enlazado
El intento secesionista en Cataluña a la luz del Derecho internacional
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2018-10-10) López Martín, Ana Gemma; Perea Unceta, José Antonio
The attempted secession promoted in 2017 by a part of the members of the Parliament of Catalonia raises questions of enormous interest for International Law. In the first place, regarding whether national minorities, groups or peoples have recognized in the international order a right of self-determination such as that enjoyed by peoples subject to colonial domination or by force; if the so-called right to secession-remedy has been consolidated as an international custom and if there can be other foundations for the secession of this kind of peoples, such as the democratic principle or majority theory. And second, in relation to the effectiveness of a declaration of independence and the verification of the elements that make up a State and allow confirming its creation; with compliance, in that process of creation, of international legality, and the consequent obligation, otherwise, of non-recognition of those entities arising from the violation of International Law.
Texto completo enlazado
Política comercial y mujer en la Alianza del Pacífico
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2018-10-10) López, Dorotea; Muñoz, Felipe
The relation between trade and gender is complex, and has not been deeply analysed in the case of Latin American countries. Mainstream economics argue that trade is gender-neutral, but the discussion should focus whether trade policy could be oriented to foster women’s economic inclusion. It is well known that, with the adequate policies, women’s economic empowerment could positively impact economic growth and reduce poverty, and therefore, trade policy may become an instrument to achieve this objective. The Pacific Alliance, a novel integration scheme, has considered women economic inclusion into their work and objectives.In this article, we aim to review trade policies implemented at regional and domestic level amongst the four Pacific Alliance member countries: Colombia, Chile, Mexico and Peru. For this, the article is divided as follows. The first section reviews the literature on trade policy and gender issues, specifically in women inclusion aspects. The second section presents those policies discussed and implemented at the Pacific Alliance. The third section individually reviews member countries trade policies on women economic inclusion and empowerment.Finally, we present some conclusions and policy recommendations.
Texto completo enlazado
La política exterior de Estados Unidos en Asia a la deriva: de Barack Obama a Donald Trump
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2018-10-10) Murakami, Yusuke
This article analyzes the foreign policy of the United States in Asia, where a fragile status quo with the presence of the United States was established, after falling a traditional vertical and hierarchical States system in the nineteenth century and going through the vagaries of conflicts and wars in the first half of the twentieth century. The main focus will be given to the administration of Barak Obama that introduced a major change on the issue, as well as the current administration of Donald Trump with the tendency to return to the isolationism of the United States. In the twentieth century the superpower had a diplomatic-strategic policy of committing itself to the «liberal international order» based on liberal representative democracy and the free market economy, and avoiding the emergence of a hegemonic country in Western Europe and Asia. This policy was based on the bipartisan consensus among the political decision-makers of Washington, D.C. that gave greater importance to WesternEurope. The Obama administration changed this diplomatic-strategic line, and gave priorityto Asia, while its optimism and idealism regarding China’s position, along with other diplomatic-economic considerations, allowed the giant of Asia to take a series of acts that caused the change to the territorial status quo. The new diplomatic-strategic line of Obama did not take root in the United States in the end, and with Trump’s coming to power, United States’ policy in Asia has become more confused and contradictory. Although it has become clear that Trump is not interested in maintaining and promoting the «liberal internationalorder», it is still not known exactly what direction or line the Trump administration will takein relation to the political-strategic agenda of relations with Asia. From Obama to Trump, the policy of the superpower in Asia has been going adrift.
Texto completo enlazado
La política exterior del Gobierno Revolucionario Peruano y los cambios en el orden internacional, 1968-1975
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2018-10-10) Alcalde Cardoza, Javier; Romero Sommer, Gonzalo
The Peruvian military government followed between 1968 and 1975 a foreign policy aiming to connect the reforms it pursued internally with reforms proposed by the Group of 77 to the international economic order; it connected also its internal policies with a nationalist current in Latin America that was attempting to restructure the Inter-American System. In doing this, the Peruvian government transformed both the Paradigm and the Grand Strategy of Peruvian foreign policy and presented a challenge to the US hemispheric hegemony. The article explains internal and external conditions that made possible the changes in Peruvian foreign policy and briefly describes the regional and global development of this policy. It explains also how the evolution of some of the aforementioned conditions brought the decline of the revolutionary foreign policy from 1973.
Texto completo enlazado
Preparación y organización doméstica para las negociaciones del TLC Perú – EE.UU.
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2018-10-10) Chan Sánchez, Julio
This article deals with the preparation process for the negotiations of the Free Trade Agreement between Peru and the United States. It also deals with the internal coordination process developed in order to successfully negotiate with the United States, as well as to obtain support of the relevant domestic actors.It is argued that the activities related to preparation, organization, coordination and information were a fundamental element for the success of these negotiations with our most important trade partner of the time, being also the first free trade agreement negotiated outside Latin America.
Texto completo enlazado
Retos de la Organización Mundial del Comercio como consecuencia de la Undécima Conferencia Ministerial en Buenos Aires
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2018-10-10) Zúñiga Schroder, Humberto
The World Trade Organization is an international body that, to date, has more than 20 years of existence. The last ministerial conference, held in Buenos Aires in December of 2017, has posed some challenges that must be addressed by all its members, not only to strengthen the multilateral trading system, but also to achieve a successful outcome of the Doha Round, which started in 2001. The purpose of this paper is to analyze the most important ministerial decisions reached in Buenos Aires, and to give a brief insight into the nature of the problems that were addressed in such decisions.
Texto completo enlazado
Los setenta años de la OEA
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2018-10-10) Arrighi, Jean-Michel
In 2018, the OAS celebrates seventy years of its creation. After a brief presentation on the evolution of its founding Charter of 1948 and of the Inter-American System from its inception at the end of the 19th century until the entry of the last members of the OAS in 1991, this article gives a succinct account of the successes achieved by the Organization throughout its existence, highlighting the achievement of relative peace among its member states provided by the construction of an Inter-American normative and institutional fabric based on the fundamental principles of legal equality of States, non-intervention, respect for international law and peaceful settlement of disputes.Subsequently, the article reviews the evolution of these principles during the seventy years of the Organization and the notable progress made, primarily in the development of a regional system for the protection of human rights and for the defense of representative democracy in the Hemisphere. Finally, the article highlights other more recent legal developments in the field of private international law, access to information, combating corruption, organizedcrime and drug trafficking, as well as legal and judicial cooperation.In the end, the article provides a review of the results achieved by the OAS vis-à-vis the emergence of new subregional organizations. These new organizations have not managed to replace the OAS as the political space of legal elaboration, defense of rights human rights and democracy, unique in the region, which encompasses all of its member states on an equal footing.