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Item type:Publication, ¿A igual razón, igual derecho? La tutela constitucional del inversionista nacional por expropiaciones indirectas(Universidad Femenina del Sagrado Corazón, 2020-12-15)This essay deals with the thesis of the protection of indirect expropriations of national investors, invoking the equal treatment —with the advantages, rights and guarantees of the foreign investor— established in article 63 of the Peruvian Constitution. Our goal is to make explicit the reasons why is it now possible to go forward in the procedural protection of the national investor against cases of indirect expropriation, by using arbitration instead of the amparo process for that purpose. This other procedural protection derives from the Bilateral Investment Treaties and Free Trade Agreements that provides for national or international investment arbitration. Given that this arbitration procedure arises from a legal source, the national investor, under the principle of equality of treatment of the foreign investor is also entitled to use it. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, El reconocimiento de la comunicación de señas como derecho inclusivo en el Perú(Universidad Femenina del Sagrado Corazón, 2020-12-15)This article proposes to evaluate the scope generated by the communication of signs as a legitimate, valid and formal communication medium, which must be recognized in favor of the deaf community throughout the Peruvian territory. In this sense, the complementarity of rights of a constitutional nature applicable to the judicial, procedural and communicative field must be evaluated in a special and humane way, since the deaf community has been attended in an equivalent way to a normal person in the process of a process judicial, generating a limiting condition because in most of the Superior Courts of Justice of the country they do not have official interpreters in this communication mechanism. The proposal to evaluate the scope of communication as a means of expression in the participation and accessibility of rights in the judicial sphere allows to detail that in the cases in which the participation of a person with hearing or oral communication limitations is registered, the participation of a person who serves as an interpreter must be considered equivalent to the provisions of subsection 19 of Article 2 of the Constitution and Article 8 of the American Convention on Human Rights.