Tópicos Sugeridos dentro de su búsqueda.
Tópicos Sugeridos dentro de su búsqueda.
Buscar alternativas:
law perspective » a perspective (Expander búsqueda), new perspectives (Expander búsqueda), _ perspective (Expander búsqueda)
para law » para la (Expander búsqueda), para las (Expander búsqueda), para land (Expander búsqueda)
law perspective » a perspective (Expander búsqueda), new perspectives (Expander búsqueda), _ perspective (Expander búsqueda)
para law » para la (Expander búsqueda), para las (Expander búsqueda), para land (Expander búsqueda)
1
artículo
Publicado 2019
Enlace
Enlace
The main purpose of this article is to analyze the impact of the corporate rules described in the General Corporation Law in force in our company for the constitution, operation and orderly exit of the market. The economic reality in our country seems not to be consistent with the legal reality, even being in several provisions a divorce between these two sciences that unleashes damage to societies in the delay in procedures that result in economic losses. In this article, the analysis will seek the solution through overcoming the deficiencies of corporate norms by building permissive standards for the best business development.
2
artículo
Publicado 2019
Enlace
Enlace
The main purpose of this article is to analyze the impact of the corporate rules described in the General Corporation Law in force in our company for the constitution, operation and orderly exit of the market. The economic reality in our country seems not to be consistent with the legal reality, even being in several provisions a divorce between these two sciences that unleashes damage to societies in the delay in procedures that result in economic losses. In this article, the analysis will seek the solution through overcoming the deficiencies of corporate norms by building permissive standards for the best business development.
3
artículo
Publicado 2022
Enlace
Enlace
Even though some legal systems acknowledge the right to a healthy environment as a fundamental right, this acknowledgment is not universal yet. In this article, we explore the relationship between the right to a healthy environment and human rights; its status and its approach to be recognized in the international human rights system. To that end, an analysis of the strategic actions presented before justice tribunals as a tool to achieve said recognition is included.
4
artículo
Publicado 2022
Enlace
Enlace
Even though some legal systems acknowledge the right to a healthy environment as a fundamental right, this acknowledgment is not universal yet. In this article, we explore the relationship between the right to a healthy environment and human rights; its status and its approach to be recognized in the international human rights system. To that end, an analysis of the strategic actions presented before justice tribunals as a tool to achieve said recognition is included.
5
artículo
Publicado 2016
Enlace
Enlace
The ideal of reason is central to contemporary accounts of citizenship in American constitutional law. The individual capacity for reasoned choice lies closely aligned with the constitutional values of personal liberty and democratic self-government as they have evolved in Supreme Court decisions over the past century. Yet as presently conceived, the ideal of reason in constitutional law overlooks the process by which individuals actually acquire the capacity to choose their own values and commitments or to engage in reasoned thinking about collective ends. This paper argues that we cannot hope to sustain and foster a constitutional polity committed to the principles of individual liberty and democratic self-government without knowing something about how individual citizens come to possess this requisite skill of mind. A developmental perspective on reason in constitutional law provides ...
6
artículo
Publicado 2019
Enlace
Enlace
This article reviews the processes of consolidation of the principle of legality and of the criminalisation of crimes against humanity in international criminal law from a historical perspective. It starts with the Nuremberg Tribunal of 1945 and then traces the development of these two processes side-by-side: the enshrinement of the principle of legality in a series of universal treaties protecting human rights between the 1960s and the 1980s and the criminalisation of crimes against humanity in the Statutes for the International Criminal Tribunals for the former Yugoslavia and for Rwanda and in the Rome Statute of the International Criminal Court.
7
artículo
Publicado 2021
Enlace
Enlace
Responding to the needs of professional and human improvement by attending to diversity is one of the demands of educational systems. International studies carried out by several authors have shown concerns about the attention to minors in conflict with the law. The objective of this work refers to a review study by different professionals of the world, about the attention received by minors in conflict with the criminal law, as well as the causes that originate it, lines of work and strategies to be developed for their prevention and attention at all levels from the intersectoriality.
8
artículo
Publicado 2024
Enlace
Enlace
The study analyzes the effects of the control of constitutionality and conventionality in the Argentine system, in light of the international systems for the protection of human rights and the legal instruments to which the Argentine State is a signatory. These systems do not have derogatory effects on domestic norms, but the inapplicability of these to the specific case and the possibility of providing for actions or omissions; that is, orders to do or not to do with respect to a specific situation in order to safeguard the principle of constitutional and conventional supremacy, so that the subjective right enshrined in these hierarchically superior norms prevails. In this perspective, the aforementioned systems of rights are of mandatory and preferential application to any domestic legislation of lower rank. In other words, it is not only the text of the covenants, conventions and trea...
9
artículo
Publicado 2018
Enlace
Enlace
The task undertaken in this essay is to analyze the interpretation of the legal norms in order to be used in the solution of the cases brought before the judge. However, many of the theoretical constructs elaborated to explain it not only seem to be completely removed from the activity that the judges perform in the day to day of the exercise of their works, but, in addition, they are elaborated in an abstruse and vaporous language that evil could be compared with the practice of law. The objective of this essay is to try to specify clearly and concisely the parameters established by private law for the judicial interpretation of the rules, highlighting the broad powers available to the judges, but without leaving aside the limits that must respect.
10
artículo
There are as many merger control mechanisms as jurisdictions, each one of them with its own strength and particularities. Such variety can be used to analyze the effectiveness of such techniques, and evaluate their applications in a local scale.In this article, the author reviews some of the principal aspects in which merger control mechanisms differ. Subsequently, and based on the advantages or disadvantages that these mechanisms may show, the author analyzes the characteristics that a merger control mechanism should have for it the be implemented in Perú our country.
11
artículo
Publicado 2021
Enlace
Enlace
This paper aims at addressing the protection of women during armed conflicts in International Law, taking into account the different roles that women can have in these contexts as well as the differentiated impact of armed conflicts on women. For this purpose, the author discusses first the notion of violence against women and its diverse manifestations during armed conflicts. Secondly, the author analyses International Humanitarian Law’s provisions designed to protect women, as well as the criticisms and limitations of said regulation. Lastly, the article presents contributions made by other branches of International Law, such as International Criminal Law, International Human Rights Law and the work of the United Nations Security Council, considering that not only do they complement International Humanitarian Law, but also allow to widen the scope of protection awarded to women in ar...
12
artículo
Publicado 2024
Enlace
Enlace
This article presents a line of analysis that discusses international law and international politics with key elements such as the importance of the history of both peoples involved in this conflict. The main question the author tries to pose to the reader is: to what extent in this controversial historical conflict have international organizations been fulfilling their roles, taking into account the legal framework that legitimizes them? The first part introduces the reader to a brief summary of the most important historical facts that make this conflict one of the most important today. In the second part, the article presents the importance of humanitarian law and its fulfillment in the face of the Israel-Palestine conflict. Finally, the author highlights a not uncommon element for analyzing the conflict, which is the participation of the United Nations in assisting the Israel-Palestin...
13
artículo
Publicado 2025
Enlace
Enlace
Following the implementation of the Comprehensive Organic Criminal Code (COIP), Ecuadorian criminal law has shifted toward a rights-based model in which punishment is conceived not only as a sanction but also as an instrument for rehabilitation, in accordance with the constitutional principles of human dignity, defense, and due process. The study aims to analyze the right to social reintegration from a constitutional perspective, incorporating the contributions of legal neuroscience as an innovative approach. The research was conducted using a mixed approach. At the qualitative level, deductive, synthetic, and exegetical methods were applied to analyze Ecuadorian legislation, especially Article 201 of the Constitution, and its relationship with neuroscientific postulates. In the quantitative component, a survey was administered to 381 lawyers in private practice in Ecuador, selected from...
14
artículo
Publicado 2015
Enlace
Enlace
This article takes us through the development of environmental law and the victories he has achieved in a long journey to start being part of national political agendas of countries and a global concern. Also leads us to analyze the different recognition elements necessary for success in environmental protection, in terms of environmental law implementation is efficient and effective. Thus reading the article leads us down the path of recognizing situations and elements necessary for the triumph of environmental law. The first, the consideration that this branch of law gets treatment as a human right which allows the category and gives the treatment it deserves. The second key element recognized as environmental law is the absolute principle of sustainability as rector of environmental policies, which should be based on an economic analysis, political, social, cultural and ecological dec...
15
artículo
Publicado 2020
Enlace
Enlace
Issues of “good faith” in the performance of construction and engineering contracts are common. Moreover, “good faith” issues arise in most jurisdictions of the world, including common law and civil law jurisdictions. This paper considers the approach taken by English common law to the legal concept of “good faith”. It considers the consequences of English law not embracing “good faith” in commercial law in any general way, including in relation to construction and engineering contracts, and some of the doctrines developed by English law to ameliorate the potentially harsh consequences of a party exercising its contractual rights in an unfair manner. Consideration is also given to the New Engineering Contract and other forms of contract which expressly require parties to act in good faith.
16
artículo
Publicado 2023
Enlace
Enlace
The aim of this paper is to demonstrate the existence of the Enemy Criminal Law, by Professor Günther Jakobs, in the Mexican legislation structure and in international treaties to which the Mexican State is a party, in order to fight potentially dangerous subjects—enemies—who put at risk the balance of the social system with their actions. However, the applicability of this Law, at least in the Mexican case—which is of our interest—is not only directed to members of organized crime groups, but also to public servants who, during their term in office in the Public Administration and after leaving office, are connected with criminal organizations to perpetuate crimes that severely harm our society. Such assertions will be later demonstrated in detail in the following sections of this article. Finally, it is important to highlight that this article was drafted within the framework ...
17
artículo
Publicado 2023
Enlace
Enlace
The aim of this paper is to demonstrate the existence of the Enemy Criminal Law, by Professor Günther Jakobs, in the Mexican legislation structure and in international treaties to which the Mexican State is a party, in order to fight potentially dangerous subjects—enemies—who put at risk the balance of the social system with their actions. However, the applicability of this Law, at least in the Mexican case—which is of our interest—is not only directed to members of organized crime groups, but also to public servants who, during their term in office in the Public Administration and after leaving office, are connected with criminal organizations to perpetuate crimes that severely harm our society. Such assertions will be later demonstrated in detail in the following sections of this article. Finally, it is important to highlight that this article was drafted within the framework ...
18
artículo
Publicado 2015
Enlace
Enlace
What do the current Constitutions of Bolivia, Ecuador, Colombia and Venezuela have in common? These are all part of what is known asthe new Latin American constitutionalism, a recenttheory of Constitutional Law that offers a new approach to analize the role of constitutionalism inthe present times.TH?MIS-Law Review had the opportunity to interview the main representative of this Latin American constitutionalism, with regard to what this new proposal is about, the solutions it presents, the challenges it faces, as well as the reading it offers about constitutional phenomenons and Constitutional Law institutions.
19
artículo
There is unanimity at all levels and in all social spheres that inequality between women and men is an abnormality that must be eradicated in increasingly inclusive societies. The legal system should not only prohibit discrimination, but should go further and introduce positive and proactive measures for equality and, specifically, for female entrepreneurship. This involves analysing whether tax rules are the best way to directly achieve more female entrepreneurship and, indirectly, to pursue other goals such as professionalisation in the care of dependents or to increase the birth rate. Hence, the perspective of public spending is fundamental to study the impact of these measures and, therefore, their effectiveness. This gender perspective in the public budget makes it possible to analyse, measure and change the policies that are adopted in this area.
20
artículo
There is unanimity at all levels and in all social spheres that inequality between women and men is an abnormality that must be eradicated in increasingly inclusive societies. The legal system should not only prohibit discrimination, but should go further and introduce positive and proactive measures for equality and, specifically, for female entrepreneurship. This involves analysing whether tax rules are the best way to directly achieve more female entrepreneurship and, indirectly, to pursue other goals such as professionalisation in the care of dependents or to increase the birth rate. Hence, the perspective of public spending is fundamental to study the impact of these measures and, therefore, their effectiveness. This gender perspective in the public budget makes it possible to analyse, measure and change the policies that are adopted in this area.
