Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

Natural resources can be protected through the implementation of different mechanisms. One of these are the biodiversity banks. The latter constitute a private investment measure whose purpose is to help in the conservation of species,  habitats, and natural ecosystems. It is worth mentioning that biodiversity banks have been implemented with success in different countries abroad.The present text analyzes what biodiversity banks are and how they work. Then, it explores the way in which these banks have been regulated and incorporated in certain foreign countries. Finally, and most important, the article highlights the main benefits that the implementation of these banks could generate in the Peruvian case.

In this article, the author presents an analysis of the positive and negative aspects of state planning in the electricity and natural gas sectors. In both sectors, it indicates how the planning intervention by the State has been strengthened over the years. However, it also points out the problems that it still presents.The author highlights the importance of state planning in a social market economy regime, in addition to this, he points out the problems that not have sufficient incentives to satisfy demand, since that is where the State has to intervene through public companies.Likewise, the author presents certain recommendations made by the Multisectoral Commission for the Reform of the Electricity Subsector to contribute to the problems that have been generated in various cases due to the lack of efficient state planning.

Nowadays, there is no doubt that one of the main issues of the global agenda is climate change. Conscious of such a reality, several actors of the society have been more closely involved in the debate on the protection of the environment and the reduction of those activities that contribute to diminishing it. Investment arbitration is a field that, even though it has not appeared active and directly in these discussions, keeps a close relationship with these issues and might play a fundamental role in the effectiveness of the implementation of climate change policies.Against this backdrop, this article focuses on studying the relationship between investment arbitration and climate change, explaining their points of contact and differences, to propose some thoughts on specific ways in which investor-State arbitration might contribute to the agenda on climate change.

In 2013, the Agency for Environmental Assessment and Enforcement introduced the manifestly evident environmental improvement to the legal system. This figure had a negative reception as it seemed to delegitimize the obligations established in the environmental certification, the most important environmental license in Peru.This paper analyses the questions born with the creation of the manifestly evident environmental improvement and the effective use of this figure by the public.

On March fourth of 2018 the Escazu Agreement was adopted, which first emerged on the United Nations Conference of Sustainable Development, also known as Rio + 20. The purpose of this agreement is to guarantee the full implementation of the rights to public participation in environmental decision-making processes, access to environmental information and access to justice.This paper analyzes the implications that ratifying the Escazu Agreement would cause in Colombia, in order to determine the impact of its implementation in the legal system.

In Peru, access to natural water sources and the rights related to them, are regulated through licenses, permits and authorizations, which are often non-transferable. In contrast with other licenses in the legal system, in order to transfer them a specific process is required.This paper analyses the characteristics of water rights and raises a revision on the specific process needed for their transfer.

Aquaculture is an economic activity regulated by Peruvian law, the purpose of which is to cultivate aquatic species and ensure the conservation of biodiversity. In this article, the authors start by analyzing the current regulations on hydrobiological resources and then identify the regulation of aquaculture activity, as well as the administrative sanctioning procedure applicable to non-compliance with aquaculture, environmental and sanitary obligations derived from that activity.

In Peru, law students must complete a preprofessional internship period. Despite the relevance of these experiences as their first encounter with the reality of the professional practice, there are no investigations that inquire into their impact on the student learning process. In this article, based on a theoretical framework around Hannah Arendt and the narrative analysis of students accounts, we seek to identify and understand how frozen thoughts operate in their experience as trainees.In our analysis, we identified the following frozen thoughts: (i) it is necessary to work in excess in order to learn, (ii) mistreatment is acceptable if everyone is subject to it and (iii) tasks must be carried out without thinking or questioning them. Even though these thoughts are transmitted to the students in grave situations of legal non-compliance, mistreatment, and the commission of professional ethic violations, they act as expected without saying or doing anything. What reigns in them is the fear of not being valued, and not a process of reflection where they can question what they’re being told. There are, however, cases where students do doubt that these thoughts are correct, but the inner conflict is left unresolved.The relevance of this work lies in showing part of what happens in a training environment that has a great impact on learning, but has been neglected. In particular, it shows ways in which emotional factors, such as the desire to be recognized and self-worth doubt, works as barriers in the processes of thought and action. Finally, at the level of pedagogical reflection, Socratic pedagogy is presented as an approach that can have good results at the level of ethical training of students who experience situations such as those analyzed.

Recently, in Peru, the SMV has issued a Mandatory Precedent in which some aspects referring to two securitization trusts have been questioned. This is because, from the SMV’s point of view, the securities issued against said trust assets had not met the requirements to be classified as transferable securities, in accordance with the regulations applicable to the case.The purpose of this article is to address certain aspects regarding asset securitization processes and the regulation that is applicable to them in the peruvian context.

In the last couple of years, the National Institute for the Defense of Competition and the Protection of Intellectual Property has focused its efforts on the persecution and sanction of horizontal practices, initiating a substantial step in favor of improving free market competition.This paper analyses the reasons why public bid riggings are considered per se illegal conducts by our national legislation, as well as how the National Institute for the Defense of Competition and the Protection of Intellectual Property has prosecuted and sanctioned these practices. The authors consider that classifying bid riggings as per se illegal is a consequence of their social impact, since there aren’t any economic reasonsthat differentiate them from other per se illegal conducts.