1
artículo
In this interview, the outstanding Spanish teacher tells us from his perspective which are the main points in constitutional law. In this way, the author explain matters related to democracy, fundamental rights and the constitutional rule of law, are treated. In addition, based on a Peruvian and Spanish case the position of the teacher is explained. Finally, making brief comments, the author gives recommendations to improve the Peruvian justice system.
2
artículo
How are commercial rules created? Should they be created in a constructivist way or are they created rather through a spontaneous order? Should Kelsen’s positivism prevail in commercial law? Should sectorial rules of risk allocation be included in a Civil Code?.The present article answers with effectiveness each one of these questions with the purpose of demonstrating that in commercial law the source par excellence should be the Lex Mercatoria.
3
artículo
Publicado 2020
Enlace
Enlace
Large-scale investments depend on various economic, natural and social factors of the State where they invest. Also, from an economic point of view, once the investment has been made, the financial viability of the project depends, to a large extent, on the investor’s ability to capture cash flows. However, investors will always be at some degree of risk.In this article, the authors examine whether Stabilization Clauses, a widely used risk management device in investment contracts, can affect a State’s action in implementing its international human rights and environmental obligations. Specifically, they assess whether Stabilisation Clauses can limit the application and creation of new social or environmental regulations to investment activities during the life of the investment.
4
artículo
How are commercial rules created? Should they be created in a constructivist way or are they created rather through a spontaneous order? Should Kelsen’s positivism prevail in commercial law? Should sectorial rules of risk allocation be included in a Civil Code?.The present article answers with effectiveness each one of these questions with the purpose of demonstrating that in commercial law the source par excellence should be the Lex Mercatoria.
5
artículo
Publicado 2020
Enlace
Enlace
Large-scale investments depend on various economic, natural and social factors of the State where they invest. Also, from an economic point of view, once the investment has been made, the financial viability of the project depends, to a large extent, on the investor’s ability to capture cash flows. However, investors will always be at some degree of risk.In this article, the authors examine whether Stabilization Clauses, a widely used risk management device in investment contracts, can affect a State’s action in implementing its international human rights and environmental obligations. Specifically, they assess whether Stabilisation Clauses can limit the application and creation of new social or environmental regulations to investment activities during the life of the investment.
6
artículo
Publicado 2023
Enlace
Enlace
Through this prologue, the author reviews the history of the law and economics in Peru, from its arrival with the help of figures such as Enrique Ghersi or Hernando de Soto, through its dissemination by authors such as Alfredo Bullard, to the practical results that it has had in the country with the creation of INDECOPI or the process of administrative simplification. Likewise, the author develops suggestions that allow consolidating the presence and increasing the efficiency of the law and economics at the national level.
7
artículo
Publicado 2023
Enlace
Enlace
Through this prologue, the author reviews the history of the law and economics in Peru, from its arrival with the help of figures such as Enrique Ghersi or Hernando de Soto, through its dissemination by authors such as Alfredo Bullard, to the practical results that it has had in the country with the creation of INDECOPI or the process of administrative simplification. Likewise, the author develops suggestions that allow consolidating the presence and increasing the efficiency of the law and economics at the national level.
8
artículo
How are commercial rules created? Should they be created in a constructivist way or are they created rather through a spontaneous order? Should Kelsen’s positivism prevail in commercial law? Should sectorial rules of risk allocation be included in a Civil Code?.The present article answers with effectiveness each one of these questions with the purpose of demonstrating that in commercial law the source par excellence should be the Lex Mercatoria.
9
artículo
Publicado 2020
Enlace
Enlace
Large-scale investments depend on various economic, natural and social factors of the State where they invest. Also, from an economic point of view, once the investment has been made, the financial viability of the project depends, to a large extent, on the investor’s ability to capture cash flows. However, investors will always be at some degree of risk.In this article, the authors examine whether Stabilization Clauses, a widely used risk management device in investment contracts, can affect a State’s action in implementing its international human rights and environmental obligations. Specifically, they assess whether Stabilisation Clauses can limit the application and creation of new social or environmental regulations to investment activities during the life of the investment.
10
artículo
In this interview, the outstanding Spanish teacher tells us from his perspective which are the main points in constitutional law. In this way, the author explain matters related to democracy, fundamental rights and the constitutional rule of law, are treated. In addition, based on a Peruvian and Spanish case the position of the teacher is explained. Finally, making brief comments, the author gives recommendations to improve the Peruvian justice system.
11
artículo
Is the choice of the arbitral seat still an important decision in international arbitration? Should arbitral awards be subject to greater judicial scrutiny? Should the appeal be in international arbitration? Is it possible that an annulled arbitral award is recognized under the New York Convention? Should the New York Convention be amended to achieve CNY 2.0? Is investment arbitration a system that works? Are the criticisms of investment arbitration valid? In this interview, Gary Born responds to each of these questions by addressing many controversial current issues in international arbitration.
12
artículo
Publicado 2017
Enlace
Enlace
Is the choice of the arbitral seat still an important decision in international arbitration? Should arbitral awards be subject to greater judicial scrutiny? Should the appeal be in international arbitration? Is it possible that an annulled arbitral award is recognized under the New York Convention? Should the New York Convention be amended to achieve CNY 2.0? Is investment arbitration a system that works? Are the criticisms of investment arbitration valid? In this interview, Gary Born responds to each of these questions by addressing many controversial current issues in international arbitration.
13
artículo
Publicado 2017
Enlace
Enlace
Is the choice of the arbitral seat still an important decision in international arbitration? Should arbitral awards be subject to greater judicial scrutiny? Should the appeal be in international arbitration? Is it possible that an annulled arbitral award is recognized under the New York Convention? Should the New York Convention be amended to achieve CNY 2.0? Is investment arbitration a system that works? Are the criticisms of investment arbitration valid? In this interview, Gary Born responds to each of these questions by addressing many controversial current issues in international arbitration.