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1
artículo
Publicado 2015
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An issue that has sparked heated debate over the years is undoubtedly the hierarchy of international treaties in the Peruvian legal system. the critical point is whether these treaties have Constitutional status. thus, the authors seek the answer based on the hierarchy of laws and how Human Rights Treaties are defined nowadays. Furthermore, they analyze the arguments defending their constitutional status in order to arrive to a firm conclusion that considers the globalization process that Law is going through.
2
artículo
Publicado 2015
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An issue that has sparked heated debate over the years is undoubtedly the hierarchy of international treaties in the Peruvian legal system. the critical point is whether these treaties have Constitutional status. thus, the authors seek the answer based on the hierarchy of laws and how Human Rights Treaties are defined nowadays. Furthermore, they analyze the arguments defending their constitutional status in order to arrive to a firm conclusion that considers the globalization process that Law is going through.
3
artículo
Publicado 2020
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In this study the challenges of the American region in terms of reception and regulatoryhierarchy of international treaties in the Internal Law of States are argued. To do this,using the legal-doctrinal analysis method, the theoretical references on treaties and theirrelationship with Internal Law are systematized. Likewise, the current status of thereception and regulatory hierarchy of treaties in the constitutions of 21 American Statesis analyzed.
4
artículo
Publicado 2020
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In this study the challenges of the American region in terms of reception and regulatory hierarchy of international treaties in the Internal Law of States are argued. To do this, using the legal-doctrinal analysis method, the theoretical references on treaties and their relationship with Internal Law are systematized. Likewise, the current status of the reception and regulatory hierarchy of treaties in the constitutions of 21 American States is analyzed.
5
artículo
Publicado 2024
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The essay analyzes the provisions of the Political Constitution of Panama relating to the conclusion of international treaties, based on the law of foreign relations. To this end, it defines what the law of foreign relations is, according to specialized doctrine. It then identifies Panama's constitutional norms, under which it expresses its consent to be bound by an international treaty. Subsequently, it analyzes the way in which these provisions have been interpreted by the domestic authorities of the State, with special emphasis on the jurisprudence of the Supreme Court of Justice. Finally, the author sets out his considerations in relation to the points mentioned above.
6
artículo
Publicado 2022
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It has been 30 years since the creation of the Peruvian antitrust law institution INDECOPI, a period where it has reaffirmed its support for an international Intellectual Property system along with the WIPO’s approach. We shall expose the progress and strengthening of INDECOPI, mimicking international tendencies through the signing of various treaties; thus, leading to a simplification of mechanisms seeking to achieve sustainable development, accessible and ultimately leading to economic progress.
7
artículo
Publicado 2016
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This article seeks to determine whether international anticorruption conventions can be considered human rights treaties. The conclusion the author arrives to in the present article involves a new approach to understand the effects of the implementation of the aforementioned conventions in Peru.To answer the question whether these conventions are human rights treaties, the author explains the aim and the purpose of these conventions, and addresses its role on democracy and its relation with Human Rights. Finally, the author wonders if it is possible to recognize a fundamental right to a non-corrupt government.
8
artículo
Publicado 2016
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This article seeks to determine whether international anticorruption conventions can be considered human rights treaties. The conclusion the author arrives to in the present article involves a new approach to understand the effects of the implementation of the aforementioned conventions in Peru.To answer the question whether these conventions are human rights treaties, the author explains the aim and the purpose of these conventions, and addresses its role on democracy and its relation with Human Rights. Finally, the author wonders if it is possible to recognize a fundamental right to a non-corrupt government.
9
artículo
Publicado 2025
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In this article, the author reviews the efforts undertaken for decades by investment doctrine and tribunals to interpret when an indirect expropriation occurs, and discusses the current trend towards textual clarification of this protection in modern investment protection treaties.
10
artículo
Publicado 2025
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In this article, the author reviews the efforts undertaken for decades by investment doctrine and tribunals to interpret when an indirect expropriation occurs, and discusses the current trend towards textual clarification of this protection in modern investment protection treaties.
11
artículo
Publicado 2017
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This article concerns the implementation of test data protection for pharmaceutical products in relation to the implementation of the Free Trade Agreement (FTA) between Peru and the United States of America and the application of definitions given by the TRIPS Agreement in this case. It analyses domestic legislation and applicable treaties as well as first cases of protection to new chemical entities given by the regulatory authority. The achievements and shortcomings of the new legislation of test data protection. It´s impact on health topics.
12
artículo
Publicado 2017
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This article concerns the implementation of test data protection for pharmaceutical products in relation to the implementation of the Free Trade Agreement (FTA) between Peru and the United States of America and the application of definitions given by the TRIPS Agreement in this case. It analyses domestic legislation and applicable treaties as well as first cases of protection to new chemical entities given by the regulatory authority. The achievements and shortcomings of the new legislation of test data protection. It´s impact on health topics.
13
artículo
Publicado 2022
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El derecho internacional ofrece a la comunidadinternacional varios tipos de instrumentosinternacionales, y no todos han sidoexplorados completamente por la doctrina. Enese contexto, el presente artículo tiene comoobjetivo reexaminar el análisis planteadopor Jan Klabbers en su libro “The Conceptof Treaty in International Law” (1996) sobrelos administrative agreements, que en lalegislación peruana reciben el nombre de“acuerdos interinstitucionales” (AI). Enese sentido, se revisarán cuatro críticas queKlabbers plantea sobre tales tipos de acuerdos:i) la textura abierta de la definición de Estadoen la Convención de Viena sobre el Derechode los Tratados (CVDT); ii) el rechazo haciala hipótesis sobre la subjetividad internacionalde las entidades públicas y la existencia de untercer orden jurídico distinto al derecho internoy al derecho internacional; iii) las dificultadesde r...
14
artículo
Publicado 1986
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The paper examines the status of the Southern Ocean in the context of the Antarctic Treaty and the Law of the Sea Convention, highlighting recent interest in its valuable natural resources, such as krill, which represent economic potential but also pose environmental challenges. This ocean, delimited by the Antarctic Convergence, benefits from protections established in the Antarctic Treaty, which promotes scientific research and the peaceful and cooperative use of the region, without resolving the territorial claims of several countries. For its part, the New Convention on the Law of the Sea is concerned with establishing zones of sovereignty, such as the Exclusive Economic Zone, generating new tensions over jurisdiction in Antarctic waters. These tensions have divided States into three positions: countries with territorial claims, those that consider the area as High Seas and those tha...
15
artículo
Publicado 1986
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The paper examines the status of the Southern Ocean in the context of the Antarctic Treaty and the Law of the Sea Convention, highlighting recent interest in its valuable natural resources, such as krill, which represent economic potential but also pose environmental challenges. This ocean, delimited by the Antarctic Convergence, benefits from protections established in the Antarctic Treaty, which promotes scientific research and the peaceful and cooperative use of the region, without resolving the territorial claims of several countries. For its part, the New Convention on the Law of the Sea is concerned with establishing zones of sovereignty, such as the Exclusive Economic Zone, generating new tensions over jurisdiction in Antarctic waters. These tensions have divided States into three positions: countries with territorial claims, those that consider the area as High Seas and those tha...
16
artículo
Publicado 2009
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A first reading of the anti-corruption treaties in force shows that they do not establish any direct relationship with human rights. This situation is replicated with the treaties that deal with human rights in the international legal system, since there is no palpable link between them and corruption. In this context, the purpose of this study is to find the relationship between corruption and human rights from an international legal perspective. Although there is no ostensible link between the aforementioned concepts, the author argues that the fight against and prevention of corruption has its origin in the United Nations Charter and regional charters, since acts of corruption are contrary to the principles of those charters. To that extent, corruption represents a threat, affectation and hindrance to human rights and, in certain cases, represents a violation of those rights.
17
artículo
Publicado 2009
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A first reading of the anti-corruption treaties in force shows that they do not establish any direct relationship with human rights. This situation is replicated with the treaties that deal with human rights in the international legal system, since there is no palpable link between them and corruption. In this context, the purpose of this study is to find the relationship between corruption and human rights from an international legal perspective. Although there is no ostensible link between the aforementioned concepts, the author argues that the fight against and prevention of corruption has its origin in the United Nations Charter and regional charters, since acts of corruption are contrary to the principles of those charters. To that extent, corruption represents a threat, affectation and hindrance to human rights and, in certain cases, represents a violation of those rights.
18
artículo
Publicado 2025
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This research seeks to address the question of why arbitral tribunals have interpreted treaties concluded by the United States as taking a pragmatic approach to the invocation of the denial of benefits clauses they contain. Thus, our hypothesis states that various of the arbitral tribunals that have interpreted these treaties adopting a pragmatic approach have interpreted these clauses following various methods of interpretation, among which (i) the literal method, (ii) the teleological method, and (iii) the functional method of interpretation are predominant. In this sense, the main objective of the research will be to identify the main grounds used by the arbitral tribunals when analyzing the moment of invocation of these clauses in this type of treaties. To this end, the methodology used is qualitative in nature and seeks to be mainly analytical of existing jurisprudence. The aim is t...
19
artículo
Publicado 2025
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This research seeks to address the question of why arbitral tribunals have interpreted treaties concluded by the United States as taking a pragmatic approach to the invocation of the denial of benefits clauses they contain. Thus, our hypothesis states that various of the arbitral tribunals that have interpreted these treaties adopting a pragmatic approach have interpreted these clauses following various methods of interpretation, among which (i) the literal method, (ii) the teleological method, and (iii) the functional method of interpretation are predominant. In this sense, the main objective of the research will be to identify the main grounds used by the arbitral tribunals when analyzing the moment of invocation of these clauses in this type of treaties. To this end, the methodology used is qualitative in nature and seeks to be mainly analytical of existing jurisprudence. The aim is t...
20
artículo
After celebrating the Bicentennial of the independence of Peru, this article aims to relate the main events that have occurred in the future of international law, as well as its advances in the normative plane, and the most important provisions that were enshrined in the political constitutions given in our historical development. This relationship made possible the implementation of the international legal order in domestic law. In the first part, there will be a review of the main milestones in the history of international law that gave the guidelines for the original structure of the first Peruvian Constitution, in the second and third part, the main constitutional provisions that welcomed different categories and principles will be identified of international law in force since and during the 19th century and the 20th century, respectively, and which in turn contributed to the consol...
