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

The effectiveness of nuclear-weapon-free zones cannot be understood without considering the law of the sea. Some nuclear-weapon-free zones include international waters in their areas of application, which provoked some nuclear-weapon States that are parties to protocols to such treaties to issue reservations on the geographical scope of such zones. This article argues that the nuclear-weapon-free zones that include exclusive economic zones and high seas in their areas of application were established in accordance with the law of the sea and, therefore, there is no reason why the nuclear-weapon States should not review their reservations in this respect.

It is commonly accepted that quasi-state Non-State Armed Groups may violate international humanitarian law and that, under certain circumstances, their members may commit breaches of international criminal and human rights law. However, given the very nature of such groups —and their controversial role in the international legal system—, their victims’ right to reparations is often questioned. This article outlines the legal questions surrounding serious violations of international law committed by Non-State Armed Groups and argues that their victims are entitled to reparations.

Article 38 of the Statute of the International Court of Justice listed the sources of international law, and doctrine as an auxiliary means. The use of the doctrine by international courts of justice drew the attention of the literature; however, this has not been the case with the Court of Justice of the Andean Community (TJCAN). The objective of this article is to analyze how the TJCAN used the doctrine, why it used it and what role it has had in its decisions. This article argues that the doctrine had an added and persuasive value in the interpretations of the TJCAN. 133 judgments were reviewed; 81.20% incorporated the doctrine. The doctrine provided information to the analysis of the TJCAN and influenced its interpretations over the years.

Based on an analysis of the practice of United Nations organs and the jurisprudence of the International Court of Justice, this paper seeks to demonstrate the existence of an obligation to decolonize in international law. On the basis of the powers of the General Assembly in the field of decolonization and the manner in which it exercises them, it will be argued that this obligation, which will generally be fulfilled through the exercise of the right of self-determination of peoples, is nevertheless autonomous from it and subsists even in cases of colonial situations in which that right is not applicable.

discapacidad, derecho internacional de los derechos humanos, modelo social de la discapacidad, Convención sobre los Derechos Humanos de las Personas con Discapacidad.Abstract: The main objective of this paper is to point out and analyze some theoretical assumptions of the Human Rights Theory and the Social Model of Disability. In fact, these theories constitute the theoretical basis of the Convention on the Human Rights of Persons with Disabilities, which, together with the Optional Protocol, were adopted by the United Nations General Assembly in resolution 61/106 on December 13, 2006, in force since May 3, 2008. The Convention is the first legal text of international protection that characterizes discrimination against persons with disabilities on the basis of disability as a violation of human rights. According to our criteria, the treaty is a text that implies a revolution: it is in fact a new interpretative paradigm that profoundly transforms our way of explaining the relationship between the individual with disabilities and the society to which he or she belongs because it states, for the first time in history, that disability as a phenomenon is essentially a social construction, a social fact whose cause is essentially social.

The challenges faced by international society are considerable with regard to access to water. Thus, the present work is concerned with analyzing the process of recognition of water as a human right in opposition to the interests of groups pro “commodification” of this invaluable good. In addition, the influence that the recognition of this right in the international sphere exerted internally in Brazil will be analyzed, which is why the relevance of the Proposition for Constitutional Amendment No. 4, of 2018, which aims to formally insert access to water in the list of fundamental rights and guarantees. In order to fulfill the proposed objective, the deductive method will be used, based on elements arising from descriptive, bibliographical and documentary research, in particular, making use of specialized doctrine and legal instruments that allow a better understanding of the matter.

This paper aims to reflect on indigenous peoples’ knowledge of nature and the way it may contribute to sustainability in the context of the ecological disaster of the Covid-19 pandemic. This study is justified given the current situation in which humanity finds itself, as the UN’s assessment regarding the need to take care of nature, our “common home”, and the ancestral knowledge of indigenous peoples stands out. It is realized that the values preserved by the native peoples of the Americas, by contributing to the sustainability of the planet, could also help to improve the living conditions of present and future generations.

An attempt has been made to produce an analysis of the judicial reinterpretation given by the prosecution team, led by Robert H. Jackson at the Nuremberg trial in 1946 against the National Socialist leaders. To achieve this objective, three main ideas have been identified that answer the research question posed on the ontological foundations of the principle of legality. The hermeneutic methodology applied, on the basis of the documentary review of the judicial process in Nuremberg, will allow an analysis to be carried out on the development of general legality. A pedagogical explanation will be produced that allows us to glimpse how the fiscal team manages to reinterpret the natural essence of legality and reformulate the variables that define it for the generation of the imputability of the defendants in Nuremberg.

A comparative analysis was used to assess the antitrust and international trade rules between Mexico, the United States and Canada. We observed a positive quantitative correlation between the volume of regional trade and the entry into force of competition and trade legislation in North America. Additionally, we use the deductive method to identify the legal implications of the interrelation of the subjects under study. We conclude that the commercial regulation should adopt a transversal approach to competition to maximize both national and regional social welfare, within the framework of the USMCA. In addition, it is suggested to standardize administrative and judicial criteria in matters of competition to make North America a more predictable economic region in legal terms, reforming potentially distorting legislation of productive efficiencies, such as the Webb-Pomerene Act of the United States.