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1
artículo
Publicado 2016
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The Peruvian constitutional justice has established that the resolutions of the JNE can be revised when they affect fundamental rights; being that the appropriate mechanism is the process of amparo; however, its use has not been effective, given that there are few cases in which it has repaired the violated right and most of the time ends up determining responsibility of the authorities that violate these rights; hence the need to assess the possibility of establishing an electoral amparo with procedures and instances different from the classic amparo.
2
artículo
Publicado 2016
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The Peruvian constitutional justice has established that the resolutions of the JNE can be revised when they affect fundamental rights; being that the appropriate mechanism is the process of amparo; however, its use has not been effective, given that there are few cases in which it has repaired the violated right and most of the time ends up determining responsibility of the authorities that violate these rights; hence the need to assess the possibility of establishing an electoral amparo with procedures and instances different from the classic amparo.
3
artículo
Publicado 2008
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The creditor has a fundamental right, the right to be paid. Article 1219 of the Civil Code legislates, as an effect of the obligations, the creditor's right to judicial protection if the debtor does not comply with them. The present study is dedicated to the interpretation of the mentioned Art. 1219º as it authorizes the creditor to make the jurisdictional trusteeship effective against his indebted one.
4
artículo
Publicado 2008
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The creditor has a fundamental right, the right to be paid. Article 1219 of the Civil Code legislates, as an effect of the obligations, the creditor's right to judicial protection if the debtor does not comply with them. The present study is dedicated to the interpretation of the mentioned Art. 1219º as it authorizes the creditor to make the jurisdictional trusteeship effective against his indebted one.
5
artículo
Publicado 2015
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In this paper the author discusses about protecting the right to life. However, what is problematic generates at what point originates or begins to human life and when this ends. Criminal Law For life is a biopsychosocial phenomenon inseparably social and dynamic. Also, to be dynamic, you can not assert the existence of an exact point of when life begins. Thus, the right to life has a complex nature to be the foundation of all other legal rights, without which no other rights have any existence. While the limits of the protection of the right to life are discussed, the author considers it appropriate in the present approach the nesting of the fertilized egg in the uterus as minimum limit this right. Furthermore, it is the issue of when human life ends. Criminal law maintains protection of the right to life of the person until the end with the death of the person. While the concept of dea...
6
artículo
Publicado 2025
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This article deals with the Investment Protection System in Peru, composed of Bilateral Investment Treaties —“BITs”—; Investment Chapters of Free Trade Agreements —“FTAs”—, as well as the State Coordination and Response System in International Investment Disputes —“SICRECI”—. This also includes the active participation of Peru as a State Party to the ICSID Convention, having a large number of arbitrations - concluded and pending - involving very diverse sectors, along with an evaluation of what could be the reasons that have generated this great variety of cases, under investment protection treaties, Concession Contracts, Legal Stability Agreements and License Contracts for the Exploitation of Hydrocarbons.
7
artículo
Publicado 2025
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This article deals with the Investment Protection System in Peru, composed of Bilateral Investment Treaties —“BITs”—; Investment Chapters of Free Trade Agreements —“FTAs”—, as well as the State Coordination and Response System in International Investment Disputes —“SICRECI”—. This also includes the active participation of Peru as a State Party to the ICSID Convention, having a large number of arbitrations - concluded and pending - involving very diverse sectors, along with an evaluation of what could be the reasons that have generated this great variety of cases, under investment protection treaties, Concession Contracts, Legal Stability Agreements and License Contracts for the Exploitation of Hydrocarbons.
8
artículo
Publicado 1993
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This article emphasises the importance of consumer protection and calls on all the groups and sectors involved to adopt a positive, active attitude in defence of consumer rigths. Although the government has recently implemented important reforms in this area, existing legislation still needs to be perfected and swift mechanisms introduced that enable the consumer to effectively and efficiently defend his interests. On this point the authoress suggests a number of possible courses of action for suppliers, non-profitable private organizations –among which the important work being done by universities plays a leading role- and for the consumers themselves.
9
artículo
This paper reviews the two main approaches that have been implemented to Project the environment: command and control regulations and economic based instruments. It discusses the main advantages and disadvantages of each option and explains the main reasons why the use of command and control regulations have been predominant, although economic incentives usually are more cost efficient in reducing pollution.Between the different economic incentives available, the paper also discusses the main advantage and disadavantage of using market permits and effluent fees to reduce pollution. Although both instruments are efficient, their applicability depends on the specific characteristics of the problem being tacked, so the paper also discusses in which situations one of these instruments is superior to the other.
10
artículo
The notion used to refer to the rights of man, as an individual or social being, who participates or intervenes in cultural development, is that of human rights or, also, natural rights, subjective public rights, public liberties, moral rights or fundamental rights. Peces-Barba' prefers to designate them as “fundamental rights” as a more precise and appropriate linguistic form, as he points out, for the following reasons: a) It is more precise than the expression human rights and lacks the burden of ambiguity that it implies. b) It can cover the two dimensions in which human rights appear, without incurring in natural law or positivist reductionism. c) It is more adequate than the terms “natural rights or “moral rights” that formulate the concept of it without taking into account its legal-positive dimension. d) It is more appropriate than the terms "subjective public rights" o...
11
artículo
In this paper, the author states that every lawyer should be compelled to denounce before the corresponding bar association or the judge the cases of abuse of process that damages clients, so the (bad) lawyer, who is behind of these practices, can be punished. The author remarks the fact that, although judges and bar associations are the main protagonists in the punishment of abuse of process, the recognition of this lawyer’s duty can contribute to clients’ rights protection and the consolidation of rule of law. From this perspective, the author proposes that every abuse of process circumstance is perpetrated because a lawyer incited it or because he or she consented it; for this reason, a (bad) lawyer will always be the one who caused the abuse. Precisely, one “remedy” for a lawyer involved in these practices consists in recognize the duty of a...
12
artículo
The best food for the newborn is breast milk, given the evidence of short and long-term medical and neurodevelopmentalbenefits. It should be considered a public health strategy to reduce neonatal morbidity and mortality, improve quality of lifein short and long term. Breast milk, also known as white blood, consists of approximately 258 components, from living cells,macro and micronutrients, hormones, defense system molecules, immunoglobulins, bacterias, etc; has great variability inrelation to the moment within the breastfeeding, time of day, age of the baby, according to the needs of the baby amongothers. The advantages extend to the mother and are multiple. For those cases where it is impossible to get breast milk, wemust be able to offer the option of receiving pasteurized milk from a milk bank. Currently the Ministry of Health and healthinstitutions have been working to accredit as a...
13
artículo
The best food for the newborn is breast milk, given the evidence of short and long-term medical and neurodevelopmentalbenefits. It should be considered a public health strategy to reduce neonatal morbidity and mortality, improve quality of lifein short and long term. Breast milk, also known as white blood, consists of approximately 258 components, from living cells,macro and micronutrients, hormones, defense system molecules, immunoglobulins, bacterias, etc; has great variability inrelation to the moment within the breastfeeding, time of day, age of the baby, according to the needs of the baby amongothers. The advantages extend to the mother and are multiple. For those cases where it is impossible to get breast milk, wemust be able to offer the option of receiving pasteurized milk from a milk bank. Currently the Ministry of Health and healthinstitutions have been working to accredit as a...
14
artículo
There is a distinct step in the development of human rights in the sphere of international law and in the sphere of the domestic law of States, with a clear advantage for the former. This means, however, that human rights constitute declarations that, in many cases, cannot be realized due to the lack of domestic legal mechanisms to make them effective. The author proposes various alternatives to be considered both at the constitutional level and at the legislative and institutional levels of the States, with a view to finding ways of legally guaranteeing human rights, beyond Habeas Corpus and amparo actions. The proposals deal, fundamentally, with hermeneutic mechanisms of law, strengthening of the democratic system, and creation and development of institutions with exclusive competence in matters of protection and surveillance of the fulfillment of human rights.
15
artículo
The first goal of this paper is to analyze recent socio-economic characteristics of old-age peoplein Peru, with emphasis on poverty and social exclusion. For this, we use the National Household survey (Enaho) of year 2011 and find that the majority of the extreme poor elderly are living in the rural area. Furthermore, only 1% of the elderly living in extreme poverty receives a pension benefitand a vast majority of them live in one or two-person households, which intensify their vulnerability. The second goal is to review the most important social and economic policies towards old-age in Peru. And finally, we review the literature and policies for the elderly implemented in other countries with the aim to describe their most relevant impacts. Overall, our document might be a useful input to think and propose new policies towards old-age people in Peru based on evidences.
16
artículo
Publicado 2019
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In this essay we will analyze the suitability of the establishment of the Marine Protected Area (MPA) of the Tropical Pacific Sea, which would be located off the coast of Piura and Tumbes. Based on an analysis of the literature regarding the design and implementation of MPAs, we will point out some aspects that should be taken into account by administrators and decision makers in all the stages related to the process of assigning the MPA figure to a specific geographical area. Also, we will review the official documentation developed in the proposal process by various state agencies. The objective of this essay is to provide insights into the correct preparation of a proposal that changes the legal system on which the geographical area chosen to be protected rests.
17
artículo
Publicado 2025
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This article identifies and evaluates the different positions that have been raised in international criminal doctrine regarding the legal interests protected by the criminal offenses related to contemporary forms of slavery. In this sense, the strengths and weaknesses of the following proposals are analyzed: freedom, dignity, moral integrity, multi-offensiveness and legal personality. This evaluation is carried out on the basis of understanding that the legal interest provides the offense legitimacy and, at the same time, is a dogmatic category that contributes to the teleological interpretation, avoiding the problems of “underinclusion” and reducing those of “overinclusion”.Furthermore, special consideration is given to the fact that the injustice of contemporary forms of slavery lies in the severe objectification of the human being, which uses the intense control exercised ove...
18
artículo
Publicado 1981
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The protection of fundamental rights is an essential task for any state. It is therefore essential to be aware of the procedural measures that can be applied when constitutionally recognised rights are affected. With this in mind, the purpose of this article is to provide a detailed description of the procedural measures and constitutional control mechanisms included in the Peruvian Constitution of 1979 to guarantee the effective protection of fundamental rights. Among the protective measures, the so-called constitutional guarantees stand out: amparo, habeas corpus, popular action and action for unconstitutionality, to which should be added the contentious-administrative action. The report also assesses, albeit to a lesser extent, exceptional regimes and their impact on fundamental rights. Mention is also made of the ability of the Court of Constitutional Guarantees to review in cassatio...
19
artículo
Publicado 2013
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This paper examines the definition of Green Economy and discusses the potential of the tourism sector to serve as a success case story to implement the principles of this development model. To attain this goal, we focus on the tourism regulatory framework, mainly in the infrastructure needed to develop tourism activities on these areas, and then provide policy recommendations in order to remove the perverse incentives present in the current regulations, which could threaten the conservation of natural resources and the ecosystem services that they provide to society.
20
artículo
With the implementation of new trends and the impact of digitization, mass data storage represents an appealing target for cyber attackers. This forces organizations to rethink and protect technological processes from a cybersecurity perspective. It is important to know what these threats are, and the basic steps to reduce the risk of being victims of a cyberattack
