vol. 17 núm. 22 (2015)

Introduction: Starting with approval of the Spanish Civil Code in the 19th century, Spain has experienced signifiant and numerous legal and social transformations. Thse have not only affcted family law in general but also, and particularly, the regulation of marriage and the new family models in terms of their consequences in situations of marital crisis. Methodology: In that sense, this research article looks at existing legislative innovations in the fild, introduced in recent decades, with the aim of examining the scope of diffrent rulings that effctively show how the civil courts, faced with a situation of widespread economic crisis, try to adapt to the new social reality and award an essential role to grandparents in processes of nullifiation, separation or divorce. Conclusions: It also analyzes how in exceptional situations, for example in the recent ruling of March 2, 2015, separated parents who are unemployed and live in persistent poverty are permitted to stop paying child support without even paying the so-called “ vital minimum” until they are able to obtain the necessary funds for subsistence.

Point of view: Participation by multinational companies in human rights violations has historically been considered a problem of business ethics rather than a problem of law. Purpose: Th main objective of this article is to identify some of the diffilties that a traditional human rights conception, as something that only concerns governments, faces in the process of hegemonic globalization. Description: Using a historic-sociological analysis of the concept of human rights, the fist part aims to show its historical confiuration as limits upon governmental power, excluding private powers from that conception. In a second part, in light of the economic globalization process, it aims to contrast the traditional human rights conception with the new global dynamic, placing emphasis on the fisures that such a Conception involves. Conclusions: Certain key aspects are addressed as the basis for broadening the vision of human rights, including private powers and multinational companies.

Purpose: Ths article reports on how Argentine courts have been recognizing access to water as a fundamental right, applying the most signifiant international standards in that fild. Description: Based on the premise that human rights are universal, indivisible and interdependent, and that placing them in a supposed hierarchy is inadmissible. In effct, the Argentine courts discard the idea that economic, social and cultural rights, compared to civil and political rights, could be in a second-class category. On the contrary, because these are rights whose enforcement can absolutely be demanded, at least in their essential levels, states, until they progressively reach the highest possible level, have, among other duties, the obligation to fulfil them, which includes access to the courts to guarantee their effctiveness. Point of view: In this sense, the article primarily focuses on the right of all human beings to have safe water for personal and domestic use, postulating its full enforceability and justiciability. Conclusions: Aftr a review of its internal and international legal and regulatory recognition, the article shows how some of the most valuable rulings by Argentine courts have gradually strengthened the human right to water.

Purpose: Over the last decade, Colombia has concentrated its public policy for economic integration through intensive signature of international trade treaties that lead to the generation of rights and the acquisition of obligations, both internally and internationally. Threfore, the way in which the Colombian State fulfils the international trade obligations deriving from the Free Trade Agreements (fta) in force in Colombia becomes ever more important. Description: Ths article deals with the analysis of problems that can arise in the realm of incorporation of these ftas into the internal legal system. Point of view: Ths aspect could affct Colombia on the international stage and in relation to its trading policy in recent years, because of the process of honoring the principle of pacta sunt servanda in international law in the framework of the ftas. Conclusions: In this way, hermeneutics are used to examine the jurisprudence of the Constitutional Court when it has ruled certain aspects that are intimately related to the ftas as unconstitutional, making them true vicissitudes for the international trade commitments that Colombia must face.

Topic and scope: Traditional knowledge consists of wisdom and experiences transmitted between generations, or which stem from processes of creation and experimentation. The variety of this knowledge is indicative of the complexity involved in its legal recognition. Characteristics: At this level, traditional knowledge of agriculture constitutes precious immaterial goods. Thy are undoubtedly the necessary and imperative solution for scarcity or lack of resources. Thy are also related to other categories such as environmental sustainability and global development, elements that increase in importance and value in modern times. Conclusions: Th epicenter of this article is the analysis of traditional agricultural knowledge. In this regard, the institution is characterized as a function of its conceptual defiition and legal nature. With equal emphasis, the current system for protection in the framework of international bodies and instruments is evaluated.

Introduction: Thnks to the 1991 Political Constitution of Colombia, the public space has been re-examined from the legal perspective. At the same time, erritorial administrations, such as Bucaramanga, have created public policies for its recognition, protection and recovery. Nonetheless, actions by local administrators have not been guided by fully constitutional criteria, nor are they based on evaluation of the collective prerogative that is superior to its material aspect. Methodology: Th proposal stems from a careful study of legal provisions that regulate the public space, contrasted with its valuation in civic education trends from the public perspective and that of urbanism, as a broad basis. Thn, using surveys, the set of ideas about the public space applied by basic actors in its use in the municipality of Bucaramanga is recognized. Ths signifid interlocution with the administrative authority to recognize public policy in the matter and reach a consensus in academia that would include a critique of the work carried out while facilitating valuation of the public space from a new perspective. Results and Conclusions: Given the above, academia, represented by the Law Faculty of the Universidad Pontifiia Bolivariana, proposes a broader vision of the public space, in which there are supralegal aspects that are in harmony with social perception about that right and which also are respectful of, and have a constitutionalism with, human features.

Purpose: Ths article addresses the techniques and methods of narrative mediation as a conflct resolution mechanism in an organizational context. Description: To fulfil this objective, narrative mediation is fist defied, aftr which the suppositions underlying the narrative theory as applied to conflct are presented. Techniques for intervention in the narrative mediation are then described, the stages of a mediation are specifid and fially conclusions are stated. Point of view: Based on mediation as a method of the discipline of conflct resolution, which is in turnbased on narrative theories of conflct and its resolution. Conclusion: Narrative mediation enables employees and offials of companies and entities to resolve their conflcts, so that the parties can create narratives of respect, collaboration and mutual recognition. Thre must be commitment by academia and organizations to develop narrative mediation in Colombia.