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Colombian Constitutional Law
Introduction to the Colombian constitution of 1991 and the Constitutional Court -- The role of the Constitutional Court -- Dignity and autonomy -- Equality -- Freedom of speech and freedom of religion -- Social rights -- The rights of victims and transitional justice -- The rights of indigenous peoples -- The president : problems of executive overreach -- The congress : problems of abdication and deliberation -- Constitutional amendment and the substitution of the constitution doctrine.
Constitutional Review and International Investment Law
The revival of interest in comparative constitutional studies, alongside the rise of legal limitations to state action due to investment treaty commitments, calls for a unique analysis of both investment law and comparative constitutional law. The unresolved tensions that arise between the two are only beginning to be addressed by judges. Are courts resisting these new international limitations on their constitutional space? Constitutional Review and International Investment Law: Deference or Defiance? pioneers this discussion by examining how a selection of the highest courts around the world have addressed this potential discord. A comparison of decisions in the US, Europe, Colombia, Indon...
Victims and press after the war
The drive to conduct this research was born out of the tension that developed on May of 2017 in the context of the journalistic coverage of the exhumations of those who died in the Bojayá massacre. Thus, this document has the purpose of asking and answering, from a socio-legal perspective, the following question: How can the events related to the armed conflict and to the transition to peace be narrated without violating the right to privacy of the victims? Or, how can a journalist record a dramatic event or recount an injuste that moves readers while respecting the limits of the private lives of the victims? To answer the question, this document examines the tensions between rights that can arise out of narrating the transition to peace as part of the journalistic profession, with the hope that the conclusion set forth is valid not only for the Bojayá case, but also in future transition years, as both victims and society in general benefit from a free and responsible press and the respect for private lives.
Interpreting will at the end of life
As a result of the methodological route traced and followed, this document systematizes nine technical guidelines that will guarantee the right to a dignified death, to legal capacity and make operational the principle of the best interpretation of persons’ will and preferences. These guidelines address the following matters: (1) the significance of making the best interpretation of the person’s will and preferences; (2) the need to assess the impossibility of giving consent of those for whom MAiD is requested; (3) the composition of the support network; (4) addressing and ruling out conflicts of interest; (5) verifying that the health system has offered palliative care and the adequacy of the therapeutic effort ; (6) the role that both the medical records and previous conversations with care practitioners can play in the process; (7) the assessment of suffering in terms of the person’s life experience; (8) constructing the life narrative and the best interpretation of the will and preferences through interviews with the support network and; (9) the necessary consensus in the interpretation of the will and preferences.
Radical Deprivation on Trial
Using a Colombian case study, this book assesses the potential for court rulings to enact real-life social change.
Stolen Asset Recovery
This book is a first-of-its-kind, practice-based guide of 36 key concepts?legal, operational, and practical--that countries can use to develop non-conviction based (NCB) forfeiture legislation that will be effective in combating the development problem of corruption and recovering stolen assets.
Léon Duguit and the Social Obligation Norm of Property
This book demonstrates the importance of Léon Duguit for property theory in both the civil and common law world. It translates into English for the first time ever Duguit’s seminal lecture on property, the sixth of a series given in 1911 in Buenos Aires. It also collects essays from the leading experts on the social function of property in major civil and common law jurisdictions internationally. The book explores the importance that the notion of the social function of property has come to have not only in France but in the entire civil law tradition, and also considers the wide – if un-attributed and seldom regarded – influence in the common law tradition and theory of property.
Much more than euthanasia. The evolution and core of the emerging right to die with dignity in Colombia
This publication has four objectives which are pursued in three chapters. First, it synthesizes and describes the emergence of the right to die with dignity in Colombia, analyzing how it was born, how it has evolved, and how it has been consolidated in recent decades, proposing a genealogy of the process that allows us to understand and communicate it. Second, it reflects on the law as an instrument of social change: it uses the path of the emergence and evolution of the right to die with dignity as a successful case—despite its difficulties and limitations. These two objectives are developed in the first chapter. Third, the publication examines Colombia's current state of the right to die...
Piercing the Corporate Veil in Latin American Jurisprudence
This book is a comparative law study exploring the piercing of the corporate veil in Latin America within the context of the Anglo-American method. The piercing of the corporate veil is a remedy applied, in exceptional circumstances, to prevent and punish an inappropriate use of the corporate personality. The application of this remedy and the issues it involves has been widely researched in Anglo-American jurisdictions and, until recently, little attention has been given to this subject in Latin America. This region has been through internal political conflicts that undermined economic development. However, rise of democratic governments has created the political stability necessary for inv...
