Agenda Internacional. Vol. 29 Núm. 40 (2022)
URI permanente para esta colecciónhttp://54.81.141.168/handle/123456789/193304
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Ítem Texto completo enlazado El recurso al estado de emergencia por el Gobierno peruano durante la pandemia y su conformidad con el derecho internacional de los derechos humanos(Pontificia Universidad Católica del Perú, 2022-10-21) Huamán, BrendaThis paper studies the states of emergency declared in Peru during the COVID-19 pandemic, a time frime that began with the arrival of this virus to Peru during the government of Martin Vizcarra and continues up to the present. In this way, it is explained that the «normalisation» of the use of states of emergency has remained a recurrent trend in Peruvian politics during the period analysed, and that this practice does not usually meet the international standards required for its establishment, such as the principles of legality, proclamation, notification, exceptionality, necessity and proportionality, temporality, non-discrimination, and compatibility with international law. After analysing each of these principles, the text reveals that during the period studied this figure has been used consistently to prevent the spread of the virus and its variants, to re-establish social coexistence, but also to address situations of social conflict, increased public insecurity, organised crime and to combat terrorist remnants. It is also identified that, in general, this government practice has directly and indirectly limitedthe exercise of different human rights of the inhabitants without any reasonable justification.Ítem Texto completo enlazado Problemas prácticos sobre la regulación de contratos internacionales en el Código Civil peruano(Pontificia Universidad Católica del Perú, 2022-10-21) Manrique de Lara Seminario, JorgeThis article covers some practical aspects of domestic contractual regulation under Peruvian Civil Code Chapter X. For this purpose, this article deals with some problematic aspects that could arise from the application of each one of the categories under article 2095 of Peruvian Civil Code, such as what is an applicable law, the place of performance of the contract and the place of subscription. In this context, this article covers the scope of what is an applicable law in contracts, some invalid agreement on applicable law, some problems related with the place of performance and the place of subscription of contracts.Ítem Texto completo enlazado ¿Qué hacer cuando las partes callan? Modernizando las reglas peruanas sobre el derecho aplicable a los contratos internacionales a falta de elección de las partes a la luz de las nuevas tendencias del derecho internacional privado(Pontificia Universidad Católica del Perú, 2022-10-21) Delgado Menéndez, María Antonieta; Pejnovic Delgado, MilanThis paper makes an analysis regarding the law applicable to international contracts when the parties have not exercised their faculty to choose the law applicable to regulate their international contract and subsidiary connecting factors come into play. To this end, it studies the new Codes, Laws, Legal bodies and Draft Norms of Private international law of the first and second decade of the 21st century, with special emphasis on Latin American regulations - such as those of Argentina, Chile, Dominican Republic, Panama, Paraguay, Perú, and Uruguay. The analysis allows knowing and accessing the different modern formulas consecrated by the latest Latin American legal bodies regarding party autonomy and the lex contractus in the absence of choice of the parties. It also allows comparing the new legislative options used by other countries in the region with the Peruvian legislation of Private International Law (PIL) and the Preliminary Draft of Book X of PIL of the Peruvian Civil Code of 2019 on lex contractus and subsidiary connecting factors, with the intention to identifying the modificationsthat should be incorporated in Peru to optimize Peruvian legislation on the subject, and thusprovide our country with a more coherent, modern and predictable legal framework thatoffers greater legal security to international contracts.Ítem Texto completo enlazado Régimen patrimonial de los matrimonios internacionales. Ley aplicable y pactos permitidos en el derecho internacional privado(Pontificia Universidad Católica del Perú, 2022-10-21) Delgado Menéndez, María del CarmenThe growing number of “international” marriages, with nationalities, domiciles and properties that link the spouses with various countries, and that generate patrimonial relations both between the spouses and with third parties, highlights the importance of the issue related to the patrimonial economic regime of such marriages. This situation demands our attention to the rules of private international law which will be the basis to determine what is the law applicable to the economic patrimonial regime of an international marriage, since it is precisely this law that will define, among others, which is the patrimonial regime that governs each marriage, what are the effects of said regime, what are the permitted covenants and arrangements allowed between the spouses in this matter, as well as the legal ways for the spouses to change the current regime today. In this article we refer particularly to what international marriages must take into account in order to determine what law is applicable to their property regime, which are the most widely applied patrimonial economic regimes around the world and what are the main similarities and differences between these regimes. We illustrate the importance of this theme by relating it to increasingly frequent circumstances in which spouses repeatedly change the place of the marital domicile, involving various countries and generating a series of questions regarding the law that will be applied in order to determine which property regime governs them, what are the main characteristics and effects of said regime, as well as the legal means to which the spouses can utilize to modify said regime. As an example, we resort to the assumption of an international marriage that binds Spain and Peru, as it composed of spouses who had their first domicile in Madrid, Spain, and today reside in Lima, Peru. We indicate what is the connecting factor provided for in the Peruvian norms of private international law so as to determine which is the law regulating the patrimonial regime of an international marriage. We also refer to the property regimes of marriages provided in both the Peruvian and the Spanish legislation, including their characteristics and effects and the existing legal means for the spouses to modify said regime. Finally, some specific proposals for regulatory modification are formulated and aimed at providing Peru with a regulatory framework that provides greater predictability and legal certainty to the property regimes of international marriages.Ítem Texto completo enlazado Los neuroderechos. Una nueva frontera para los derechos humanos(Pontificia Universidad Católica del Perú, 2022-10-21) Orías, RamiroThis paper discusses the current challenges posed by the recent developments and impacts of neurosciences and neurotechnologies for the protection of human rights, as well as the risks that in particular may affect the freedom, thought and physical integrity of the human person, expanding into a new frontier, an area previously little known to the legal world. To this end, this article first addresses the background and progress in the progressive development of an international regime on Human Rights and Neurosciences / Neurotechnologies, expressed in the adoption of various soft law instruments at the universal and regional levels. Then, it describes some elements of the regional discussion that has been advancing in the construction of inter-American principles on the subject, in the light of the rights established in the American Convention on Human Rights, and finally the text proposes some concluding thoughts, identifying the legal challenges to be addressed by the inter-American system.Ítem Desconocido Las medidas estatales no vinculantes que afectan el comercio internacional: el incumplimiento de los acuerdos comerciales por parte de los Estados(Pontificia Universidad Católica del Perú, 2022-10-21) Reyes Tagle, YovanaThe objective of this article is to analyze why non-binding measures taken by States may be challenged to determine non-compliance with the provisions of international trade agreements. This research reviewed the decisions of the dispute settlement bodies of three trade agreements: the Andean Community, the World Trade Organization and the European Union. It is argued that in the field of international trade, the content, characteristics and role of non-binding measures are assessed to analyze their incompatibility with international standards and determine non-compliance of States.Ítem Desconocido Crimea, Donbass y la guerra ruso-ucraniana. El efecto de los Protocolos de Minsk en la finlandización de Ucrania(Pontificia Universidad Católica del Perú, 2021-11-16) Tudela, FelipeThis article will analyze the Russo-Ukrainian war, which encompasses geographic, political, and pre and post-Soviet ethno-cultural factors between the two nations which share an ancient and rich history, characterized by the eternal conflict for control of the territory known today as Ukraine. These factors have divided the country and its population between the West and the East. This dispute inextricably encompasses questions of national identity and the emergence of new post-Soviet national identities. Making Ukraine a victim of its geography, due to the importance of this territory for the West and the East. Geostrategic importance evidenced by NATO’s advance to the East and Russia’s response to this advance. Likewise, the contemporary conflict with its origins in the Orange Revolution of 2004 will be addressed. In addition, we will address the long-term consequences of the Minsk Agreements and the role they will play in the possible Finlandization of Ukraine and the annexation of the Donbas region by Russia. Similarly, evaluate the conflict from realpolitik, and highlight the importance of political realism in the international arena.Ítem Desconocido Nada se destruye, todo se transforma: la exigibilidad de la obligación de reparar en el marco de una sucesión de Estados(Pontificia Universidad Católica del Perú, 2022-10-21) Vergara Lamadrid, Ana PaolaThe constant politicization of the succession of States has been a problem when regulating how to regulate its effects. In the first codifying attempts, international responsibility was not ddressed as part of the study on the effects of this phenomenon. However, thanks to the wide acceptance of the work of the International Law Commission of the United Nations in its work on the international responsibility of the State, it is no longer possible to invoke the succession of States to undermine the enforceability of the obligation to repair that has arising out of the commission of an internationally wrongful act. This dogmatic change will provide more light for an eventual regulation of the subject under analysis, but it could also be useful for the constant claims of States that, in their past life, were colonies where atrocities were perpetuated.Ítem Desconocido APEC. De las metas de Bogor a la visión de Putrajaya 2040(Pontificia Universidad Católica del Perú, 2022-10-21) Chan Sánchez, Julio JoséThis paper analyzes the course of APEC from the perspective of its activities guided by the Bogor Goals, until 2020 and, subsequently, by the updating of its agenda through the Putrajaya Vision 2040. It is argued that APEC, thanks to its working characteristics, has had considerable achievements and substantial progress towards the fulfillment of the Bogor Goals, which have benefited its members and that, also due to these characteristics, it has successfully updated its agenda through the Putrajaya Vision by reflecting current thematic priorities and the medium-term future. Throughout this work, it will also be possible to learn of the importance of the forum and the benefits it brings, emphasizing the Peruvian case, as well as glimpse some idiosyncrasies of the forum that illuminate its culture of negotiations.Ítem Texto completo enlazado El sueño chino de rejuvenecimiento nacional y la política exterior bajo Xi Jinping(Pontificia Universidad Católica del Perú, 2022-10-21) Chávez Mazuelos, Jorge AntonioSince Xi Jinping became General Secretary of the Chinese Communist Party (CCP), the Chinese Dream of National Rejuvenation has emerged as the country´s ultimate imperative.This goal stands in stark contrast to the Century of National Humiliation, when China was turned into a semi-colonial entity by way of force and compelled to cede its sovereignty andsign unequal treaties. In this article I will explain how Xi Jinping´s concept of Chinese Dream of National Rejuvenation has shifted China’s Foreign Policy approach from a low-profile orientation to a more assertive and ambitious one. Additionally, I will illustrate the role which nationalism plays in the strengthening of the party-state’s political legitimacy and how it is related to the emergence of the Wolf Warrior Diplomacy. Furthermore I will argue Xi has embraced a two-pronged foreign policy approach. On the one hand, China is portrayed asa benign major power which advocates win-win international cooperation, the creation of a Community of Shared Future and a New Model of International Relations. Nevertheless,at the same time it vows to strongly defend China’s core interests, CCP’s political legitimacy and reshape international order along the lines of Chinese political values and imperatives. Furthermore, I will illustrate how Xi has centralized power and reformed the foreign policy decision-making apparatus.