https://publicaciones.eafit.edu.co/index.php/ejil/issue/feed 2017-02-02T11:13:54-05:00 Rafael Eduardo Tamayo rtamayo1@eafit.edu.co Open Journal Systems <p>Bienvenido al sitio web del EAFIT Journal of International Law, una publicación semestral que está dirigida a estudiantes, profesores, investigadores o analistas que se interesen por temas jurídicos, internacionales o afines.&nbsp;Contenido publicado&nbsp;hasta 2017.</p> https://publicaciones.eafit.edu.co/index.php/ejil/article/view/4577 2017-02-02T11:13:53-05:00 Rafael Tamayo-Franco rtamayo1@eafit.edu.co

En este nuevo número del EAFIT Journal of Interanational Law podrán encontrar análisis que dan cuenta de la constante construcción del sistema internacional y sus efectos en Colombia y otros países de la región.

2017-02-02T00:00:00-05:00 Copyright (c) 2017 Ejil - EAFIT Journal of International Law https://publicaciones.eafit.edu.co/index.php/ejil/article/view/4576 2017-02-02T11:13:53-05:00 César Villegas Delgado ejil@eafit.edu.co

Ten years ago with the adoption of the Resolution 61/39 the Rule of Law at the national and international levels, the General Assembly of UN established –for the first time– an express distinction between domestic and international aspects of the Rule of Law and its promotion. Since the adoption of this resolution, the General Assembly has focused the debate on the study of the international aspects of the Rule of Law from the definition proposed by the Secretary General in his Report the Rule of Law and transitional justice in conflict and post-conflict Societies. From this perspective, the General Assembly has been trying to externalize to the international realm some elements of the Rule of Law in order to be applied directly to the field of international relations. On this context we will identify those elements of the Rule of Law which have been extrapolated to the international level, within the practice of the General Assembly, in order to highlight the Rule of Law among Nations which is different from the International Rule of Law that has been developed by the Anglo-American doctrine.

2017-02-02T00:00:00-05:00 Copyright (c) 2017 Ejil - EAFIT Journal of International Law https://publicaciones.eafit.edu.co/index.php/ejil/article/view/4578 2017-02-02T11:13:53-05:00 Ana Victoria Vásquez-Cárdenas ana.vasquez@udea.edu.co Mario Alberto Montoya-Brand mbrand@eafit.edu.co

The predominant characteristics of decentralization in Latin America condition the exercise and scope of regional and local political power, and therefore the governance practices in subnational units. This article discusses how political, administrative and fiscal aspects of decentralization determine specific features of governance in municipalities and cities. Generally speaking, the greater the degree of decentralization, greater may be the scope of governance in decentralized subnational units. Additionally, examines the implications that the two dominant orientations of decentralization in Latin America: one, with emphasis on economics; and other, with social and democratizing trends, have for governance

2017-02-02T00:00:00-05:00 Copyright (c) 2017 Ejil - EAFIT Journal of International Law https://publicaciones.eafit.edu.co/index.php/ejil/article/view/4579 2017-02-02T11:13:53-05:00 Ana Cristina Gómez Arango agomeza7@eafit.edu.co

The current phenomenon of globalization, understood as the liberalization of the markets, linked with the concept of economic development as a primary objective of the countries, entails the constant change of their internal normativity to increase competitiveness and achieve benefits and opportunities for the individuals. It is needed then, an interdisciplinary work, especially the interaction between economic development and law, to create or modify, both normative and administrative aspects, that leads to the effective economic performance of the countries in a globalized world. However, the existence of the differentiating gap between countries, makes the benefits, as an effect of globalization, not homogeneous, and instead, allows that some countries receive more benefits than the other ones, which in despite their efforts of adaptation of their systems to the global scenario, represent not only an economic delay, but also social. All of this occurs due to the diversity of characteristics and needs of the countries, which must be taken into account for the creation of policies and the adoption of economic models that leads them to economic development. Colombia as a case of study, is a clear example of the effort to adapt its system through the relationship between economic development and law in contexts of globalization, efforts that even though, in some cases has helped the country, in others, has represented negative effects for itself.

2017-02-02T00:00:00-05:00 Copyright (c) 2017 Ejil - EAFIT Journal of International Law https://publicaciones.eafit.edu.co/index.php/ejil/article/view/4580 2017-02-02T11:13:53-05:00 Estefanía Arias Molina eariasm@eafit.edu.co

Within the context of globalization and liberation of markets, the international franchise agreement constitutes a useful and efficient legal instrument for the incursion in new markets. However, there is no specific regulation in Colombian law for this agreement, as well as it does not have a uniform international regulation. Whereas private autonomy is a major principle concerning regulation of these agreements, prevails the question to define, due to the absence of pact between the parties and the subsequent regulation by the State which the agreement has a closer connection, which is the regulatory frame for the international contractual relationship, attending to Colombian law, and international law. Therefore, this text shall approach, in its first section, to the Colombian law that may regulate international franchise agreement, and then the general trade practices related to it.

2017-02-02T00:00:00-05:00 Copyright (c) 2017 Ejil - EAFIT Journal of International Law https://publicaciones.eafit.edu.co/index.php/ejil/article/view/4581 2017-02-02T11:13:54-05:00 Diego García-Sayán ejil@eafit.edu.co Marcela Giraldo Muñoz ejil@eafit.edu.co

This article refers to the processes of transitional justice, the interaction between its different components and the balance that should be sought between them. Specifically, the article seeks to ponder, from the provisions of various treaties analyzed, on the State’s obligation to punish those who are convicted for transgressions under those treaties, and the penalties that would result therefrom. In this regard, issues that arise during transitional justice processes are mentioned, such as the prosecution of those responsible for serious crimes, and the reparations that must be guaranteed to the victims of those crimes, with the double aim of not discouraging the participation of parties to peace processes and to respect the rights of victims to true integral reparation. In addition, reference is made to cases in which the Inter-American Court has had to make reference to human rights violations in contexts where measures such as amnesties have been adopted, what has been the development of standards that the Court has made in those cases, and the reasons why, in our opinion, this has happened in that way.

2017-02-02T00:00:00-05:00 Copyright (c) 2017 Ejil - EAFIT Journal of International Law https://publicaciones.eafit.edu.co/index.php/ejil/article/view/4582 2017-02-02T11:13:54-05:00 Simón Mejía Toro smejiat@eafit.edu.co

The multinational enterprises have expanded their commercial activities in the past years using the global value chains. This market strategy facilitates the fragmentation of the activities allowing enterprises to reach territories they couldn’t before, looking for the exploitation of the different production stages in different territories and more beneficial environments. The expansion of enterprises has led to a transformation of international trade which is a result of a number of factors that can be summarized in the economic globalization concept. The growth of enterprises and the increasing usage of global value chains, has not only shaped the international scene in economic terms, the growing presence of the enterprises to a global level has resulted into numerous human rights violations, specially within the production stages located in less developed countries. Although the law has sought to regulate corporate activity in order to protect human rights, currently the protection mechanisms seem to be insufficient because they are limited to private initiatives, recommendations and mechanisms of voluntary compliance. According to this, and taking into consideration todays international trade landscape, it has become mandatory to understand this new economic phenomenon and the role played by the law within global value chains in order to be able to create mechanisms and strategies that will protect human rights effectively.

2017-02-02T00:00:00-05:00 Copyright (c) 2017 Ejil - EAFIT Journal of International Law