Calvo Vérgez, Juan
Acha, Hugo Ricardo
The Argentine continental shelf is a natural continuation of our national territory. On the bed and subsoil of the continental maritime areas the State has full sovereignty, as well as the Royal right of domain on all exploitable natural resources, whether it’s oil, gas, or syngenetic formations. In response to the evolution of national and international legal regulations, as well as to the possibilities that have been given through CONVEMAR, it is highly positive presentation made by our country, as well as a very possible future recognition of our sovereign rights over the continental shelf over beyond the 200 mile...
Curto, Jorge Christian
El inglés jurídico difiere del inglés general ¿Por qué es diferente? ¿Cuáles son sus rasgos típicos? ¿Qué es lo que lo hace distinto? ¿Qué aspectos del inglés jurídico deberían ser tenidos en cuenta por aquellos que deseen leer textos jurídicos en inglés? Esos interrogantes son considerados en el presente trabajo.
Pereira, Rodrigo da Cunha
The law is an effective technique of social organization and, therefore, a sophisticated technique of control of drives. That means to have the right whereas there are injunctions and prohibitions. In the family law, psychoanalysis is especially important to measure in that the real reason for litigation it brings consciousness to reveal the subject of the unconscious.The unconscious and subjectivity is interested in law because, by revealing a psychic reality, enables us, in addition to break institutional dogmatism of the law, understand some irrational pathological processes very common and frequent in every day legal practice.
de Dios, Miguel Ángel
During the ‘90s and in the context of broad economic and political reforms aimed at opening markets, promoting foreign investment, and the attack of the troublesome endemic inflation Argentine Governments held numerous bilateral treaties of investment (TBI). According to the TBI, it is possible to get the international responsibility of the host State of the investment by the dictates of an arbitral award in the framework of the institutional of the ICSID or by the dictates of an award by an “ad hoc” arbitration. Breach by the signatory of a TBI of any of its provisions can lead to that...
Giglio, Oscar Enrique; De kemmeter, Alejandro Pablo
26.944 law, and the articles 1764 to 1766 of the new Civil Code and commercial of the nation have established a regime of liability regulated by standards and principles of administrative law, ratifying the autonomic propensity of public law, with respect to private law.The autonomy of the administrative system is purely voluntary, and the treatment given by the legislator only covers some specific issues which had already been conducted by the doctrine and jurisprudence of the courts. The system of responsibility of the State in law 26.944 was clearly insufficient to address all the problems of the law of torts.
Gorostegui, Carlos Omar
Today, we can warn as a growing phenomenon, the so-called economic migration. This reality, is mainly due to the movement of people and/or families in the search for better job opportunities. Consequent to this, the question arises concerning the contribution of the migrant worker to the social security system of the country where you work and the consequent right of those people to the recognition and enjoyment of the benefits of the social security system. Within this framework, the bilateral and multilateral social security agreements, contribute effectively and with great importance in the attainment of the designated objective since they constitute...
Joly, Ana Clara
The police power is the activity whose exercise limited private rights and which manifests itself through the power of legislation through laws and regulations that limit the exercise and the content of individual rights to make them compatible with the rights of others or for the purposes of public interest pursued by the community. In the case under study, the police is exercised by the Federal service authority of Audiovisual Communication (AFSCA), decentralized and autonomous agency within the scope of the national executive power, as authority for the application of the law Nº 26.522 sanctioned by Congress on October 10, 2009,...
Villas, Tiago Pires Cotias
The use of torture as a tool for obtaining information in criminal investigations follows the history of mankind. This cruel technique is perpetrated by state power since the Ancient Age, Greek and Roman civilization; period for which the slaves and foreigners were the main victims. However, during the more dictatorial periods were inflicted torments against the freemen opponents of tyrannical government.The confession extracted through the use of torture became the queen of proofs in the Middle Ages. The Catholic Church and the absolutist monarchical State were responsible for the greatest atrocities ever experienced the torture hundreds of thousands of people...
Provítola, María Alejandra
Complete or genuine subjection to the law will arise only when the judge, as well as consider the letter of the legal text, also note its purpose, being that otherwise will be a mere apparent restraint, eventually could constitute a misuse of power by the judge.The application of analogy in the constitutional limit does not entail any violation of the principle of legality, being that the importance of his analysis is that the “criminal law has a decisive role in the guarantee of freedom, by what without a previous law, which has previously declared punishable a fact does not merit...
The “principle of equality of arms” is a derivation of the contradictory and accusatory model that enshrined in the national Constitution, which is shaping up as a guarantee of the accused. In this context two practical problems of criminal proceedings will be analyzed: the multiple charges and the appeal of the private accuser. The equality of arms is a principle aims to remedy the real imbalance posed by the prosecution to the accused. For their accomplishment requires not only surrounding the accused’s resources to increase its defense capability but also to avoid granting powers to the accusation that mean a...
Ruggiero, Antonella Estefanía
It should be place to which children under fourteen years of may validly declare as witnesses in civil trials. The search should be directed to the truth even when the way to reach it is harder. That is, an in-depth study of the testimony and the conduct of who declares will be necessary. We must not lose sight that children are people in development and therefore always his physical care must take shelter and psychic to avoid their revictimization. A child can declare as accurately as an adult witness, provided interdisciplinary guidelines are respected for to carry out relevant adaptations and...
In postmodernity the recognition of new areas of law arises transversal character, including “Disability Law”. This paper addresses the issue from the point of view of the need for recognition as a new branch that integrates the “legal complex.” Your analysis will be conducted in the light of the trialist integrativismo theory developed by Werner Goldschmidt. Traditional legal branches fail a legal response to special problems of real life, and therefore, it is imperative the recognition of new areas of law that integrate the complex legal issues and to meet those more special and unique way.The Disability Law presents a...
Ramírez Lamus, Sergio
Baquerizo Minuche, Jorge
The subject matter of this article is the constituent power, regarding certain
political processes that have been taking place in Latin America since 1999 under
the title «constituent processes». The aim is to present the political strategies
which constitute a kind of «canonical» recipe for implementing «full powered»
Constitutional Assemblies in Latin America and, consequently, to identify a new
populist agenda in the region, given the similarity between the contextual, strategic and discursive elements that allowed for the call, approval and setting of the aforementioned Assemblies in the processes under study.
Palacios Romeo, Francisco José
The indigenous collective right in the Latin American subcontinent forms
an outstanding space at the entrance of the century. Since the last two decades of
the twentieth century many constitutional reforms that would come to recognize.
In the XXI century the constitutional processes of Bolivia and Ecuador give a
qualitative jump installing the indigenous element in the definition of own state
model. In the first part of this work we will describe the different constitutional
models that have historically enabled three models of different constitutional juri-
dical culture regarding indigenous collective fact and indigenous collective rights.
Two models producing a perception of the fact and the indigenous person...
Gimeno Ruiz, Alvaro
En una sociedad multicultural, instituciones propias del Derecho Foral, como
el testamento ante capellán, pueden contribuir a reconocer el estatuto personal de
ciudadanos extranjeros, como los marroquíes
The juridical culture of classical Athens displays a paradox: the high stan-
dards that can be observed in the decrees that came up to us and the successful conception of machinery and sophisticated objects used in the management of
public life (kleroteria, pinakes, psephoi) suggest an apparatus of people –a certain
number of citizens, politicians and secretaries– with good skills on average. None-
theless, there is no record of schools for the training of such experts, nor of books
for this purpose. Moreover, the grammateis, even those who held particularly sen-
sitive tasks, were in office just for one year, albeit with the possibility of being
Iñesta Pastor, Emilia
The difficulties of the consolidation of the liberal state in Spain led to a desire
for stability and progress in the Spanish liberals who defend the synthesis between
freedom and order, as a result of the influence of French doctrinaire. The roots of
this middle way coincide with the moderate Decade (1844-1854), reappearing
with the Restoration Cánovas del Castillo (1876). In Spain in the mid-nineteenth
century criminal Eclecticism manifested as a linked to doctrinarism. Through the
work of Pellegrino Rossi this criminal eclecticism would be present in the Spanish
penal doctrine of Francisco Pacheco and Alejandro Groizard and criminal law
expressed in the penal codes of 1848 and...