vol. 16 núm. 19 (2014)

Climate change has generated signifiant social, economic and environmental changes in the country, which has led to the recent formulation of national policies for adaptation, in addition to the activation and implementation of diverse regional actions. Ths article aims to respond to various questions relating to knowledge, activities, budgets, political will, impacts and other aspects associated with this phenomenon and, specifially, the possibilities for adaptation in the region of the Santanderes. Th research, through an empirical–analytical approach, examined such variables as climate change and adaptation and sought to determine and analyze the capacity for adaptation in that region. To do so, information sources from international, national and departmental entities were consulted and interviews were heldwith three focal groups along with implementation of a semi-structured online survey of offials and agencies in 127 municipalities.

Sin abandonar el convencimiento de que ante los cambios y conflictos sociales que vive el mundo y frente a los cuales los estudiosos del Derecho no podemos desentendernos ni permanecer indiferentes, se exige profundizar en la investigación para responder a una sociedad dinámica y cambiante con propuestas de adecuación del ordenamiento jurídico, acordes con las nuevas realidades. Por ende, y con tal propósito, este primer semestre del 2014 estamos entregando a nuestros lectores el número 19 de la revista dixi, cuando celebramos los veinte años de la Facultad de Derecho de la Universidad Cooperativa de Colombia, sede Bucaramanga.

The Colombian State has committed itself to compliance on human rights in terms of adapting ordinary laws to the contents of the block of constitutionality. Thse policies must be designed, regulated, chosen and applied to the human rights enshrined in international agreements and treaties ratifid by Colombia, thus the importance of compliance by the guerrillas with humanitarian norms. Th government has stated that, lacking any possibility for coercion, now would be the time for the guerrillas to demonstrate their commitment to peace by complying with those precepts. Tht is because it would be easier to arrive at a negotiated political solution to the conflct by means of a bilateral cease-fie or truce, or, failing this, through a war regulated by the norms of international humanitarian law, because in a conflct as degraded as Colombia’s, this becomes more complex. Ths research work is based on the dualistic theory,insofar as Article 93 of the Colombian Constitution establishes that international treaties and agreements ratifid by the Congress, which recognize human rights and prohibit their limitation in states of emergency, prevail in the internal order. Ths the rights and duties enshrined in the Constitution shall be interpreted according to the international human rights treaties ratifid by Colombia.

After the terrorist attacks of September 11, 2001 in the United States, March 11, 2004 in Madrid and those in London on July 7 and 21 of 2005, the implementation of antiterrorist policies and strengthening of national security became the priority of states, and while legitimate and necessary, over time this deviated from its main objective and became the perfect “alibi” to enable many states to consolidate their repressive arsenal and strengthen their power. In the name of this struggle, it would seem that all abuses were justifidand the methods used soon gave rise to greater human rights violations. However, in this context of total repression, it has been the denunciations by human rights defenders that have revealed excesses and abuses of power. In doing so, they endanger themselves and their families, while suffring stigmatization and seeing their work criminalized. For many states, they thus become true obstacles in the fiht against terrorism.

This article seeks to show that decisions by Supreme Courts, regardless of the latitude, depend upon the philosophical system of the legal operator. Ths idea goes beyond the concept that the normative system determines the legal result and seeks instead to establish the idea that legal operators make legal policy decisions. Th Argentine jurisprudential framework is nothing more than an excuse, because, in the strictest sense, if a meta-ethical analysis is made of any Supreme Court, the result will point to judicial

The pretrial conciliation mechanism in Colombia arose as a speedier and more effctive alternative for conflct resolution compared to court proceedings. In the fild of administrative law, there are constant disputes between state agencies and private parties, particularly in signing and executing public contracts. Despite progress made through the creation of pretrial conciliation in state contracting (Law 640 of 2001), this legal form does not have the necessary cultural support, as there are few proceedings thatlead to a conciliatory settlement. This article presents the results of the current preliminary status of conflct resolution mechanisms in state contracting in Colombia, in which pretrial conciliation appearsto be the most frequently applied alternate resolution mechanism in Colombian law instead of resorting to the judicial system. The main discussions regarding alternative conflct resolution mechanisms are also presented, as well as in relation to the concept of pretrial reconciliation in administrative matters.

The increase in tax crimes forces us to reflct on professional conduct in the framework of criminal law. The relationship between the taxpayer and the tax authorities is generally so complex that tax advisors inevitably become involved. Th fact that certain harmless activities carried out by professionals in carrying out their work may possibly be punishable leads to an objective analysis of such conducts, leaving aside their subjective aspect. If they merely stray from their role they may become criminally responsible, regardless of the special knowledge that professionals may have outside of their work as tax advisors.