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

In March 2021, the Ever Given ran aground in the Suez Canal generating an unprecedented collapse in the main shipping route linking the Asian continent with European ports. After the initial impact, the legal interest focused in the following days on the arrest for the debt generated to the Canal authorities and on the declaration of general average by the shipowner, which was probably the largest amount for which this instrument has been used to date. This paper aims to show the main characteristics of these singular institutions of Maritime Law.

The aim of this research is to analyze the legal status of pronouncements of expert bodies established under various human rights treaties at the universal level from an international and domestic standpoint, with particular emphasis on remedies and procedures to give legal effect to their decisions in Spain.

The main purpose of this paper is to analyze the CJEU judgment of September 15, 2022, C-18/21, Uniqa Versicherungen AG v. VU. This resolution is the last that the CJEU has established in relation to Regulation 1896/2006, which regulated the European order for payment process. In response to a prejudicial question referred by the Austrian Supreme Civil and Criminal Court, the CJEU must decide whether an Austrian national Law that interrupted the procedural periods for civil proceedings in Austria could also be applied to the European order for payment procedure. The CJEU, based on the principle of procedural autonomy of the Member States, resolves this issue positively.

In this paper, I analyze the right to family reunification of divorced and remarried foreigners from Islamic countries, in the light of two recent and important Supreme Court decisions. The Court has established legal doctrine affirming the unnecessary exequatur of the divorce decree of the first marriage to prove that the second marriage is not polygamous in the face of the visa application and residence permit for family reunification.

The deposit of the instrument of ratification by Spain to the Luxembourg Protocol on international interests related to railway rolling stock, the second protocol to the Cape Town Convention, put into motion the entering into force of the Protocol once the International Registry will be fully operative. The Spanish ratification is of great importance for the expansion of the Cape Town system, for the position of Spain as a Contracting State, and for the access to credit in the railway sector. This Paper studies the ratification of Spain to the Luxembourg Protocol, enabling it to enter into force, analyzes the declarations made by Spain to the Protocol within the framework of the Cape Town system and considering the equipment-specific provisions.

Protection against international child abduction is articulated through different channels. The international conventions and, more recently, the European texts are intended to regulate the instruments through which civil protection is articulated. Through it, the restitution of the minor is sought or, where appropriate, the recognition and/or execution of a decision adopted in another State regarding parental responsibility. Along with this route, national legislation contemplates the crime of international child abduction, through which the criminal protection route is articulated against this type of crime. The coexistence of both channels, which use optional and cumulative, is not exempt from difficulties, particularly for the sake of the functioning of the European judicial area. A space governed by the principles of equality and prohibition of discrimination, in which freedom of movement and residence is configured as a basic freedom and where the principle of mutual recognition is configured as a cornerstone of the cooperation system in both the civil and social spheres. in the prison. An approach to the issues raised by the existence of this double path of protection in the European judicial space is the object of this study.

This paper analyzes the pronouncement on indirect expropriation in the bilateral investment treaties signed by the Latin American countries with Netherlands, which has constituted a preponderant basis in the Dutch Investor-State claims against Latin America, due to the shortcomings of the existing wordings under the Dutch Models BIT previous. The requirement of a new formulation on indirect expropriation in Latin American APPRI´s with the European country which incorporates the realities and experiences of the nations of region as well as the provisions of the Dutch BIT Model of 2019 in this regard, shows posibilities to mitigate the claims of this kind.

The pivotal element of capital markets regulation is disclosure. Where misleading information is disseminated, investors may suffer a pure economic loss, which is immaterial and, thus, difficult to locate. This paper covers the dynamics between information, price and damage in capital markets as the fundamental element to correctly locate financial loss in cross-border scenarios. On this basis, I analyse the CJEU case law on the interpretation of art. 7.2 Brussels I bis Regulation, in particular the latest judgment VEB, which apparently turns to a market-oriented location of the damage. Lastly, I discuss whether the conclusions may be extrapolated to the determination of the law applicable under art. 4.1 of Rome II Regulation.

According to Civil Code of China, the ownership of immovable is transferred through registration after the sales contract was signed. The delivery of immovable does not have the effect of transferring the ownership of immovable. The buyer has no real right to the immovable before registration after delivery of the immovable, and his right is limited to the creditor’s rights on the seller based on the sales contract. After the delivery, the possession, use and enjoy of such an immovable by the buyer are based on the creditor´s rights to the seller derived from the sales contract. In judicial practices, however, there are circumstances in which this general doctrine cannot be fully adhered to. This has often been a source of controversy among scholars.

Advances in neuroimaging and brain-machine interfacing (BMI) increasingly enable the large-scale collection and further processing of neural data as well as the modulation of neural processes. In parallel, progresses in artificial intelligence (AI), especially in machine learning, create new possibilities for decoding and analysing neural data for various purposes including health monitoring, screening for disease, cognitive enhancement, and device control. This contribution discusses some major ethical, technical, and regulatory issues associated with neural data analytics and delineates a roadmap for responsible innovation in this sector. Moreover, this paper review a variety of themes including mind reading, mental privacy, cybersecurity in commercial BMI, and issues of neurotechnology governance. Finally, a framework for responsible innovation and governance is presented.