núm. 17 (2014): revista vía iuris 17 (julio - diciembre)

Following the high number of registered murders of women in Ciudad Juarez, Chihuahua, Mexico, the academic community of our northern border has made a significant amount of research and analysis, all sustaining various scenarios, bearing the systematic reasoning that makes possible to understand this painful social phenomenon. For its part, the Inter-American Court of Human Rights conducted an important study, which led to a resolution, in which the Mexican government is ordered to produce certain provisions in order to compensate, as far as possible, the victims of this situation. However, little research has been devoted to examining the behavior of Mexican institutions in the context of that operative paragraphs ordered in it by these agencies. That analysis must start from the understanding of the mandates of the Inter-American Court as the necessary solutions that society demands to put inits proper context to the victims and the perpetrators of these crimes. Hence the importance for States, in this case Mexico, to properly comply with the resolutions of international organizations, achieving international integration and harmonization of the fundamental rights that the individual needs to grow with dignity. This exhibition seeks to determine, although in a primary way, the degree to which the Mexican State has complied with the mandates contained in the resolution of the Court on the “campo algodonero” case, document that binds the organs of the three powers of the Mexican State to the observance of certain measures to remedy the acts committed against a sector of society that has been considered vulnerable in terms of discrimination and violence: women. This analysis is conducted by reviewing documents and texts issued in this regard by the Inter-American Court of Human Rights, as well as the review of the available literature on the subject, and field visits.

From the literature review and technical analysis regarding the concept and the legal and political influence exerted by the “friendship” in international relations, it will be seek to implement that “corpus” to the consideration of Argentine-Chilean overall bilateral ties, and referred specifically to the issue of “Southern Ice Field” or “Continental Ice”, and finally outline a proposal for the exercise, after being met a number of paces of shared sovereignty in that geographical area, in the form of international condominium, considering that despite the 1998 Treaty was signed, to date it has not been possible to demarcate a part of the territory covered by the agreement, a fact that conspires against the sustainability of the area under discussion, obstructing the matrix of “strategic friendship” that the parties opened in 1984, to resolve the conflict of the Beagle.

This text is born under the research project “Theory of Diversion for leaders with populist style in Latin America”, which aims to find the specific characteristics that a reformulation of the diversionary war theory would need to explain the Latin American cases of populist style. First a review of the main theoretical elements of diversionary war, which explains the war as a way used by the leader to divert attention from the internal problems that can affect their governance. On the other hand, presents the characterization of populism as a form of government, which reformulates the theory of diversion for the specific case of Latin America. As a final point it has the practical testing on relations between Colombia and Venezuela since 2002. During this time it was reached one of the most stressful moments of bilateral relations, being heard about threats of weapons. The question that will allow us to test the theory is whether these situations can be explained by internal issues or really due to differences between the two States.

This article seeks to explore the connections and resonances between the ideas of “governability”, “governance” and “governmentality”, confronting positions of political philosophy, the theory of the state and economic analysis of the “neoliberal” school with insights of Michel Foucault (2006) thereon. The agitated or fearful atmosphere of the states of social shock will be the dominant theme, punctuated from the “shock doctrine” as presented by the doctor in Law and Canadian activist Naomi Klein (2007). Pictures and prints also propose to think what such a situation of extreme crisis and trauma entails. Special consideration will be done on the politics of memory as a specific device of governmentality. As context of the above, there will be displayed intuitions of a certain “State-disaster”, paradoxical notion that seeks to problematically think the equally paradoxical situation of governability in our country.

The state of exception has several forms of manifestation. One is the subrogation or suspension of the full enjoyment of fundamental rights, claiming or using regulatory gaps, the priority of rights or the clash of rights with equal relevance. But in any case, to solve a particular case it should be chosen or determined what right has a larger argumentative load.Having said this, it is going to be analyzed the study of judicial review performed by the Constitutional Court in decision C-355 of 2006, where the crime of abortion was decriminalized in certain situations, subrogating the right to life in some events, this being a situation of many that fit in what it was conceived by Giorgio Agamben as a state of exception. The decriminalization of abortion as a subrogation of the right to life, must be understood as an exercise of biopolitics or thanatopolitics.

This paper starts from a point of view general to the particular, or from the Federal to the State sphere, addresses the legal rules in recent years Mexico has impulse in order to promote and enforce gender equality and non-discrimination against women, in accordance with international agreements and conventions in which it participates. Significant progress has been achieved with the amendment of the Federal Constitution and the creation of legislation to protect life and liberty, and to recognize gender equality and non-discrimination against women. However a sector that continues unprotected is the working women, and the increase in the labor market has revealed a number of phenomena that makes necessary a reflection on the legal instruments that protect them. Despite the legal changes, in many cases employment discrimination against women continues, and living conditions of women in Mexico, and of course in the state of Chiapas, are seriously infringed, facing situations of exclusion, discrimination and lack of jobs with decent wages.

The Superintendence of Residential Public Services is a national agency of technical nature, created from Article 370 of the Constitution of Colombia, which undertakes, by presidential decree, control, inspection and surveillance of the companies providing residential public services; in subjection to the general policies established by the government, and in fulfillment of the duties, responsibilities and powers granted by law and the Constitution. Users of public services enjoy the support and protection exercised by this agency, through advocacy and implementation of defense mechanisms such as administrative appeals, the use of open channels for participation and citizen control against abuses or violations generated by the service providers; indirectly, through regulatory administrative acts dictated by the same entity, in order to achieve increasingly efficient and effective service delivery. The Superintendence is ultimately the entity that protects and promotes compliance with the obligations, rights and duties hold by both users and providers of public services, developing the essential purposes of the State, for the general welfare of the population and greater social projection of the inhabitants of the country.

The other branches of Law, since this has particular characteristics. Through the class struggle, working conditions were obtained through collective bargaining, a cornerstone of freedom of association, being established by the International Labour Organization -ILO- as one of the fundamental rights of all workers. Encouraging negotiation as an enriching engine of Labor Law are the objectives of the Convention 154, which because of the different national interpretations of international law, has been limited in its scope and therefore in its contribution to the dynamics between workers and employers. In this paper, we offer parameters and guidelines that enrich the debate on the subject, allowing the generation of an open and reflective hermeneutics in academia.

In contract law, authors right is a legal area that could well be divided into two types of experiences. In the first of these are the contracting parties that have traded their rights but simply and directly, this in the context of a vertical linear process; it is surrounded by several uncertainties that impede a more efficient and effective copyright management in their economic orbit. The second experience involved multiple holder’s property rights; is innovative transfers and medium-term consequences can’t be reduced to a single effect, it is a non-linear and horizontal process. The purpose of this article is to approach the first experience, clarify initial concerns that need to establish contractual stipulations. It then seeks to establish general guidelines from the copyright must be considered in contracts and on which it is possible to establish a contractual strategy with more guarantees for the parties.

In this paper, the author develops a highly topical and controversial issue in the field of Labor Law in Peru: the potestative arbitration as a dispute resolution mechanism in collective bargaining; analysis done after three years of effective legislation. Among the main topics for discussion include: the elements and current regulation of potestative arbitration; and the problems and criticisms of this figure, basically around its unconstitutionality, illegality and practical application. Finally, analyzing the position of the International Labour Organization on this issue, it is posed the need for regulatory reform in terms of collective bargaining in Peru.