ISSN: 2310-2799
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546,196 artículos
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Año:
2023
ISSN:
2683-1783, 2007-5995
Argoty Pantoja, Anyela Madelein; Reyes Díaz, Carlos H.
Universidad Nacional Autónoma de México. Programa de Posgrado en Derecho.
Resumen
The US Company Uber has faced problems to operate normally in several countries. Colombia was the first country from which Uber decided to depart, due to several governmental decisions. This could have provoked an international investment dispute, except from the fact that both parties decided to settle the controversy. This paper focuses on both parties’ arguments that motivated and solved the conflict, as well as the repercussions of a possible international arbitration dispute.
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Año:
2023
ISSN:
2683-1783, 2007-5995
Montoya López, Adolfo Eduardo Cuitláhuac
Universidad Nacional Autónoma de México. Programa de Posgrado en Derecho.
Resumen
This article explains the concept of socio-economic inequality and its impact on any State in the field of the administration of justice. In the same way, it explains the importance of access to justice for any person in a State, its close relationship with poverty and how it should be considered for social harmony where alternative means of dispute resolution are essential, resulting in the called administrative justice.Likewise, explains the Constitutional treatment that in our country has been given to the alternative means of dispute resolution and its practical application to achieve better socio-economic equality
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Año:
2023
ISSN:
2683-1783, 2007-5995
Marquet Guerrero, Porfirio
Universidad Nacional Autónoma de México. Programa de Posgrado en Derecho.
Resumen
The expression “fundamental principles” refers to ideas that constitute the philosophical, ethical and juridical background of any given discipline, even Labor Law, in this case specifically the one originated, evolved and consolidated with its own characteristics in Mexico. Its study, analysis, knowledge and systematization, contribute to a better understanding of its essence, meaning, scope and even transcendence. In Mexico, some of those Principles are even embedded in the Constitution since 1917, although not explicitly; they were reiterated, developed and broadened in the 1931 Federal Labor Act, and later included, in a more ordered and systematic fashion, in the 1970 Federal Labor Law Act. The subsequent 2012 reforms, and the merit of incorporating the notion of “decent labor”, devised by the International Labor Organization, besides broadening the equality and non-discrimination criteria and adding the notion of training referring to the ideas of productivity, job quality and a sense of shared benefits. The 2019 reforms only included some drafting changes.
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Año:
2023
ISSN:
2683-1783, 2007-5995
Chacón Hernández, David
Universidad Nacional Autónoma de México. Programa de Posgrado en Derecho.
Resumen
The success of the peasant’s declaration must depend on the dissemination that is made of it, the seriousness with which the governments of the UN system take it and the follow-up that is given to it, especially if, like other declarations, it is followed in the near future, by the elaboration of a convention that makes it possible to create more specific legal obligations. Although, the conventions are not usually signed and ratified by many governments, at least the minimum number of members with which an instrument of this nature enters into force should be sought. Once this is done, the peasant declaration will gain strength to be used as a criterion of application and interpretation in favor of the peasantry of many parts of the world.
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Año:
2023
ISSN:
2683-1783, 2007-5995
Patiño Manffer, Ruperto
Universidad Nacional Autónoma de México. Programa de Posgrado en Derecho.
Resumen
This document analyzes the birth, structure, operation and results of the Pacific Alliance, in which Colombia, Chile, Mexico and Peru participate, which has been recognized as the most important economic integration mechanism in Latin America, based on in the Framework Agreement and its Additional Protocol and analyzes the problems arising from the multiplication of regional trade agreements whose operation is hampered by the various rules of origin that limit the expansion of international trade.
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Año:
2023
ISSN:
2683-1783, 2007-5995
López Olvera, Carmen Patricia; Toledo Santiago, Edivaldo
Universidad Nacional Autónoma de México. Programa de Posgrado en Derecho.
Resumen
The rules regulating the admission and presentation of testimonial evidence given by minors in procedural laws are not always in keeping with the contributions of applied legal epistemology or with the scientific advances in the psychology of testimony, which can lead to judges making incorrect decisions.
The objectives of this paper are to present the General Theory of Legislative Epistemic Competence in the field of applied legal epistemology, as well as the advances attained in the epistemology and psychology of the testimony of minors. Based on this, a critical evaluation of the Mexican National Code of Criminal Procedures regarding testimonial evidence given by minors will be made and legislative and judicial proposals for its improvement will be offered.
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Año:
2023
ISSN:
2683-1783, 2007-5995
Gómez Barrera, Alejandra Marlene; Contreras Bustamante, Raúl Juan
Universidad Nacional Autónoma de México. Programa de Posgrado en Derecho.
Resumen
Derived from the constitutional reform of June 10, 2011, the organs of the Mexican State must observe, respect and guarantee the human rights that are provided for both in the Constitution and in the international instruments signed and signed. This obligation includes criminal justice for adolescents, that is, this specialized justice system must observe, respect and guarantee the human rights of adolescents who are investigated, prosecuted and sentenced for the commis- sion of a conduct classified as a crime, among those rights special mechanisms, including access to alternative dispute resolution mechanisms. In observance of this obligation, the National Law of the Comprehensive Criminal Justice System for Adolescents provides for the application of criminal mediation and restorative processes as a possibility within the criminal process followed to adolescents.
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Año:
2023
ISSN:
2683-1783, 2007-5995
Pozas Loyo, Andrea; Negrete Cárdenas, Michael Rolla
Universidad Nacional Autónoma de México. Programa de Posgrado en Derecho.
Resumen
The judicial reform of 2021 had as one of its axes the transformation of the jurisprudence system of the Supreme Court of Justice of the Nation, emanating from the juicio de amparo, to move from the historical integration system by reiteration of criteria, towards a new system of judicial precedents. In this article we argue that the incompatibility between this reform and the professional competencies promoted by the prevailing model of teaching jurisprudence in Mexico will probably constitute a challenge for the effectiveness of this substantive constitutional change. Our objective is to realize a study on the role of legal education in the operation of jurisprudential systems based on judicial precedents, contrasting with the educational model in which the teaching of jurisprudence in Mexico has been based, in order to provide the necessary inputs to evaluate the recent judicial reform, from the identification of the possible obstacles that its implementation will face.
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Año:
2023
ISSN:
2683-1783, 2007-5995
Torres Caballero, Sylvia; Zuloaga Thomassiny, Claudia Guadalupe
Universidad Nacional Autónoma de México. Programa de Posgrado en Derecho.
Resumen
The article shows the importance of understanding and applying the gender perspective in order to respect and duly defend the contents of the regulations relating to human rights, the above; in order to show that without it, access to justice for women in our country is ineffective.
The topic is also justified because the gender perspective, unfortunately, is a concept that is not yet fully understood both by the general population and by the authorities involved in the justice system in our country, and unfortunately not by students and lawyers. In this way, this document aims to emphasize the importance of its conceptualization and application to defend human rights from a wider perspective, since failure to do so will allow it to continue negatively impacting oppressions against women and men, as will be seen it is a matter that concerns both genders.
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Año:
2023
ISSN:
2683-1783, 2007-5995
Bouzas Ortíz, José Alfonso; Torres López, Ana Belén
Universidad Nacional Autónoma de México. Programa de Posgrado en Derecho.
Resumen
Through this research we will analyze the phenomenon of outsourcing, since it is a topic of great relevance worldwide, and in México, it is currently more notable for the recent reform. This reform undoubtedly offers a great number of rights that can be taken advantage of by workers, but the whole scheme that the modifications entail, and those aspects that are a possible option to go off on a tangent and not comply with the expected reform, which took years to become law, must be analyzed in depth. Therefore, with this work, the aim is to provide the reader with a complete overview of both the reform and the figure of outsourcing and to make judgments as to whether the objectives of the same are being met.
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