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546,196 artículos
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Año:
2020
ISSN:
2591-6386, 0075-7411
Hirschmann, Pablo
Facultad de Ciencias Juridicas y Sociales. Universidad Nacional de La Plata
Resumen
August 11th, 2019 marked the 100th anniversary of the approval of the Weimar Constitution, the first German democratic constitution. Its commemoration usually evokes the regime preceding the Third Reich, holding it accountable for its origins, or, to a lesser extent, reminds us of one of the first milestones of the positive incorporation of Social Constitutionalism. This paper -by briefly analysing said german constitution antecedents, its constituent process, its most innovative contents, some of the reasons behind its failure and its projections on other subsequently approved constitutions- aims to acknowledge an optimistic attempt at social and political modernization promoted by democratic forces and means respectful of pluralism and human dignity; in a devastating and terrifying context that, enhanced day after day by incomprehension, dragged some guilty and many innocents into the abyss.
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Año:
2020
ISSN:
2591-6386, 0075-7411
Giannini, Leandro J.
Facultad de Ciencias Juridicas y Sociales. Universidad Nacional de La Plata
Resumen
Second statistical report on the jurisdictional production of the Argentine Supreme Court of Justice, analyzing the 2018 period. The report is a continuation of the line of research started in 2016 aimed at maintaining an exhaustive examination of the decisions issued by the Supreme Court in its current integration. It seeks to obtain and systematize relevant data that allows to face the epistemic problems derived from the absence of complete and updated official information regarding the operation of the country's highest court of justice
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Año:
2020
ISSN:
2591-6386, 0075-7411
Peñalva, Guillermo G.
Facultad de Ciencias Juridicas y Sociales. Universidad Nacional de La Plata
Resumen
One of the main theses I sustain in this work is that the problem with fallacies has been laid out in a way that is excessively superficial. A review of the definition of ‘fallacies’, and a critique of the methodology used to address them, leads to state that considering part of their nature is being relative, contextually-bound, dependent of aspects other than the discourse validity has been omitted. These vices are more notorious when this is taken to the Legal field: fallacious discourses exist, and must be denounced, but, simultaneously, there exist other Legal discourses which are—or embed—fallacies, yet are, however, admitted to the point that some might even be considered a virtuous principle.
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Año:
2020
ISSN:
2591-6386, 0075-7411
Garate, Ruben Marcelo
Facultad de Ciencias Juridicas y Sociales. Universidad Nacional de La Plata
Resumen
When thinking about a judicial decision on the adoptability status of a child, the resolution is intended to be the correct, in favor of the child considering its best interest. Consequently, not only must the particular situation of the child and adolescent be taken into account, but also the conventional human rights norms and national norms, which allow establishing the discursive foundation of the resolution that can be taken by the court.
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Año:
2020
ISSN:
2591-6386, 0075-7411
Contreras, Claudio
Facultad de Ciencias Juridicas y Sociales. Universidad Nacional de La Plata
Resumen
The constitutional history has proposed that there is a radical transformation on the concept of nation around the XIX century: for one side, Joseph Sieyes has said that the nation is a subject whose development can be defined whit a collection of attributes (language, territory, class, etc.). But, on the other side, for Renán, the nation is a kind of effect, who can be inducted from the coincidence of different collectivities, and whose unity is defined by a political decision. For the understanding on the relevance of the transformation who has suffered the notion of nation from the beginnings to the end of the XIX century, it is not satisfactory the conceptual analysis: the nation must be analyzed in terms of an application field and of an instrument of the State development between his “puissance” and the parameters of the international law.
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Año:
2020
ISSN:
2591-6386, 0075-7411
Cáceres, Verónica; Minaverry, Clara
Facultad de Ciencias Juridicas y Sociales. Universidad Nacional de La Plata
Resumen
In the first place, this paper will present a characterization of bottled water market in Argentina and its institutionalism. In the second place, we will expose an updated debate about arsenic levels, the situation about companies related to the bottled water business, the present legislation, the perception of the population about water which is distributed in networks and of the bottled one, and at last, we will present some conclusions. Its is possible to conclude that companies which commercialize bottled water are not obliged to inform about arsenic and this could interfere with constitutional consumer´s rights. Also, the legal regulation about water quality presents contradictory and insufficient guidelines and the majority of the population of the Northeast of the Province of Buenos Aires states that bottled water have higher quality than the one which is provided by the network and this conditions their consumption.
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Año:
2020
ISSN:
2591-6386, 0075-7411
Díaz, Alejandra
Facultad de Ciencias Juridicas y Sociales. Universidad Nacional de La Plata
Resumen
European Union - Mercosur Agreement. Food marketing in the European Union and Mercosur is a work that was published in mid-October 2019 in Madrid and published in Buenos Aires in February 2020. The work arose from the contributions made in the Master's Research Project (PIM - in the period 2014-2016) and from two workshops organized for the presentation of their results at the Law School of the University of Buenos Aires.
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Año:
2020
ISSN:
2591-6386, 0075-7411
López González, Francisco
Facultad de Ciencias Juridicas y Sociales. Universidad Nacional de La Plata
Resumen
26 years after the creation of a free trade zone in North America, the USCMA comes to replace the rules that allowed the consolidation of a regional trade bloc that seemed solid and well appreciated by the three countries that made it up. Trump's nationalist call that put "America first" brought, after a long negotiation, a more restrictive pact in favor of the United States of America and less convenient for Canada and Mexico. Although the dispute settlement mechanisms of this T-MEC draw on the NAFTA experience, there are characteristics that make them particular and novel. Inductive reasoning leads us to foresee that they will be the great valve of depressurization of the newly reformulated commercial regime.
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Año:
2020
ISSN:
2591-6386, 0075-7411
Muñoz, Matias Oscar
Facultad de Ciencias Juridicas y Sociales. Universidad Nacional de La Plata
Resumen
The collective processes in Argentina have established rules that the Supreme Court of Justice of Argentina has outlined both in its agreements and in its judgments, due to the legislative delay in regulating these processes by the National Congress. The environmental process appears as a particular case, disassociated from the class action adapted to Argentine law, in which the highest court recognizes in the judge certain exorbitant tools under the protected legal right. This aspect seems to open the way to a sui generis process, with its own Praetorian rules that the Court reiterates to the judges of degree in their leading cases.
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Año:
2020
ISSN:
2591-6386, 0075-7411
Berizonce , Roberto Omar
Facultad de Ciencias Juridicas y Sociales. Universidad Nacional de La Plata
Resumen
The appearance of volume No. 50 of Anales, a transcendent event in university life, marks out a long and profitable trajectory of efforts and efforts, also of illusions and hopes. On the way to the already close first centenary, he offers eloquent testimony of his freshness and fidelity to the mandate of his inspirers back in the distant year of 1926, when he radiated with intensity the transformative ideology promoted by Joaquín V. González enriched by the Reform of 1918.
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Hecho en México, Universidad Nacional Autónoma de México (UNAM). 1997-2025.
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