The Constitutional Court has recently validated the payment of regulatory fees to OEFA. However, a series of substantial considerations were not taken into account in this Court’s analysis to solve the controversy surrounding such payments. Among them, the debate on its legal nature and the activity it funds. On this basis, this article analyses the formal and material validity of the aforementioned regulatory fees taking into account their legal nature. It examines, as well, the impact of the recent ruling on the Peruvian legal framework and the possibility of questioning this decision in the available jurisdictional arenas.

The Constitutional Court has recently validated the payment of regulatory fees to OEFA. However, a series of substantial considerations were not taken into account in this Court’s analysis to solve the controversy surrounding such payments. Among them, the debate on its legal nature and the activity it funds. On this basis, this article analyses the formal and material validity of the aforementioned regulatory fees taking into account their legal nature. It examines, as well, the impact of the recent ruling on the Peruvian legal framework and the possibility of questioning this decision in the available jurisdictional arenas.

El presente artículo evalúa una potencial reconvención de un Estado en un arbitraje de inversión. Así, se hace una revisión general de los conceptos fundamentales del arbitraje de inversión, con especial atención a las particularidades del régimen del CIADI. A partir de dichas nociones, se verificará la posibilidad de que un Estado reconvenga sobre la base del consentimiento del inversor en sus diversas manifestaciones. Por último, se desarrollarán diversos problemas que podrían presentarse en caso se invoque una vulneración a los derechos humanos como fundamento de la reconvención del Estado.

The Constitutional Court has recently validated the payment of regulatory fees to OEFA. However, a series of substantial considerations were not taken into account in this Court’s analysis to solve the controversy surrounding such payments. Among them, the debate on its legal nature and the activity it funds. On this basis, this article analyses the formal and material validity of the aforementioned regulatory fees taking into account their legal nature. It examines, as well, the impact of the recent ruling on the Peruvian legal framework and the possibility of questioning this decision in the available jurisdictional arenas.

After the rejection of bicameralism on December 9, 2018’s referendum, everything suggests that the opportunity for a major change was lost. The project subjected to the referendum was quite bad. However, its rejection is not so bad news. It provides the opportunity to a more consistent and technical reform. It is true that sometimes more from something bad sounds as something worse. More congressmen, for some, sounds frightening. However, there are strong reasons to believe that a bicameral congress, even with more congressmen, is better than a unicameral one with fewer congressmen. In this paper, the authors analyze how bicameralism allows that bills are passed by groups that represent most of the population, product of a broader political consensus. It allows that higher quality bills pass, as a consequence of a better proce...

After the rejection of bicameralism on December 9, 2018’s referendum, everything suggests that the opportunity for a major change was lost. The project subjected to the referendum was quite bad. However, its rejection is not so bad news. It provides the opportunity to a more consistent and technical reform. It is true that sometimes more from something bad sounds as something worse. More congressmen, for some, sounds frightening. However, there are strong reasons to believe that a bicameral congress, even with more congressmen, is better than a unicameral one with fewer congressmen. In this paper, the authors analyze how bicameralism allows that bills are passed by groups that represent most of the population, product of a broader political consensus. It allows that higher quality bills pass, as a consequence of a better proce...

After the rejection of bicameralism on December 9, 2018’s referendum, everything suggests that the opportunity for a major change was lost. The project subjected to the referendum was quite bad. However, its rejection is not so bad news. It provides the opportunity to a more consistent and technical reform. It is true that sometimes more from something bad sounds as something worse. More congressmen, for some, sounds frightening. However, there are strong reasons to believe that a bicameral congress, even with more congressmen, is better than a unicameral one with fewer congressmen. In this paper, the authors analyze how bicameralism allows that bills are passed by groups that represent most of the population, product of a broader political consensus. It allows that higher quality bills pass, as a consequence of a better proce...