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Item type:Publication, Consideraciones jurídicas sobre la política ambiental y la pandemia del COVID-19(Pontificia Universidad Católica del Perú. Instituto de Ciencias de la Naturaleza, Territorio y Energías Renovables (INTE-PUCP), 2020-12-23)This study identifies some premises, by way of context, about the relationship between the environment and COVID-19, and then addresses an aspect of the environmental legal system, that is, environmental policy and relates it to COVID-19. National environment and compares them with examples of transgression of these principles based on the Covid-19. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Is it law really known to all? Language barriers as a limitation of the accessibility to national and international regulations in the Peruvian legal system(Academia Peruana de la Lengua, 2020-07-01)El objetivo del presente artículo es analizar si el derecho es, efectivamente, un tipo de conocimiento que se debería presumir que es o no conocido por todos. A partir de una revisión de diversos autores y normas, se identifican las barreras lingüísticas contra la posibilidad de un acceso efectivo a los diversos tipos de normativa nacional e internacional. Finalmente, se proponen algunas soluciones a la problemática expuesta. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Terrorism and the loss of cultural heritage: the case of ISIS in Iraq and Syria(Springer Singapore, 2021-01-01)Since 2014, ISIS (Islamic State in Iraq and Sham) has committed many terrorist crimes, which is considered serious international crimes such as crimes against humanity, genocide and war crimes; they claimed the lives of thousands of civilians and military personnel, demolished places of worship and destroyed antiquities and historical sites in the areas that controlled. Indeed, Iraq and Syria were the most affected countries. In this chapter, a definition of the legal status of the territorial power IS (Islamic state) under International Law will be presented, especially that IS declared itself a state without the recognition of other states and it dissociated itself from the body of international law. Along with a brief review of the tangible cultural heritage loss, the ideology of ISIS behind this systematic destruction of historical sites and objects will be clarified. Moreover, the research will put light on the international actions applied by other states to limit such cultural crimes. Based on the previous definitions and the achieved experiences and results, the chapter will be ended by proposing a mechanism of transitional justice to avoid future rising feelings of revenge, which may lead to new crimes that destroy societies and cultural heritage. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Microsoft Corp. v. United States and the ‘hot pursuit’: a case study against the application of the law of the sea into the cyberspace(C.H. Beck, 2021-01-01)In today's world, no treaty regulates the cyberspace or the Internet. To some extent, the multi-stakeholder model has successfully kept the Internet free of a unique point of control, yet some nation-states advocate for a government-based-model. Amid the Internet Corporation for Assigned Names and Numbers (ICANN) transition debate, some governments favoured a cyberspace regulation in the hands of an inter-governmental organisation. Additionally, western democracies have advocated to declare the cyberspace a fifth domain. Reasons for these different perceptions are related to the different conceptions nation-states have what should be the governance model for a resource beyond their traditional borders. Considering this dichotomy, this paper analyses the negative implications of applying the law of the sea into cyberspace. For this purpose, this paper will explore the concept of the 'right of hot pursuit', one of the provisions of the United Nations Convention on the Law of the Sea (UNCLOS). The research methodology includes as a case-study Microsoft Corp. v. United States also known as the 'Microsoft Ireland' case. This case was selected because it exemplified how government administrations attempt to use the principles of international law to protect their sovereignty over the Internet infrastructure located in their territory, even when the access to that infrastructure is 'virtual' and there is no need to access such infrastructure physically. Facing this scenario, where governments try to exercise their sovereignty beyond their territorial borders, this paper will: 1. Provide an overview of the International Court of Justice (ICJ) and the International Tribunal for the Law of the Sea (ITLOS) interpretations of the hot pursuit to determine the international legal conception over this principle. 2. Analyse the arguments of the parties involved in the Microsoft Ireland case about why one nation-state's sovereignty should be applied or not beyond the borders of its territory. 3. Analyse the negative repercussions of including the hot pursuit and the fictional fragmentation of the ocean into the cyberspace. Findings expect to enrich the discussion within the Internet governance debate and understand the consequences of (1) applying the international law over the Internet infrastructure and (2) clarify the traditional legal approach that spaces without nation-states' sovereignty should not exist. - Some of the metrics are blocked by yourconsent settings
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Item type:Publication, Community-based justice or indigenous justice in international law: Analysis of Article 9 of ILO Convention 169(Oñati International Institute for the Sociology of Law, 2022-12-23)This paper deals with communal justice or indigenous justice governed by Convention No. 169 of the International Labour Organization (ILO). Article 9 of the indicated Convention is analysed describing and commenting on the different aspects or assumptions it contains about communal or indigenous justice. Likewise, this content is analysed in the doctrine and in the author’s field experience. The central question that guides the work is: How does the International Convention No. 169 of the International Labour Organization regulate communal or Indigenous justice? The answer is made through the verification of a hypothesis that raises the limits of the Article 9 of Convention 169 to understand and regulate communal or indigenous justice that is practiced in indigenous communities or peoples. - Some of the metrics are blocked by yourconsent settings
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Item type:Publication, The Influence of the Italian Model of Hardship in Latin America and International Trade (with Some Notes from Social Sciences)(Oxford University Press, 2023-03-01)This article studies the Italian model of hardship and how it has influenced Latin American jurisdictions and international trade. On the one hand, it develops how various national jurisdictions have imported the Italian model and how it has been followed by certain international instruments. On the other hand, economics and psychology are applied to analyse the good and bad of the Italian model. Finally, the article reflects on whether there is one model of hardship that is better than another and where the Italian model stands in this respect. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Natalia Torres Zúñiga, The Inter-American Court of Human Rights. The Legitimacy of International Courts and Tribunals(Universidad Carlos III de Madrid, 2023-04-01)Este articulo reseña: Natalia Torres Zúñiga, The Inter American Court of Human Rights. The Legitimacy of International Courts and Tribunals. (2022) Routledge, London-New York, 213 pp. - Some of the metrics are blocked by yourconsent settings
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