Authors:Paulina Valle Segura, Rubén Méndez Reátegui Pages: 9 - 42 Abstract: This paper introduces a review based on the economic analysis of the law. In that sense, it analyzes the application of border measures in terms of “the right and its consequences”. This mechanism of precaution applied by the customs in the air, maritime and terrestrial limits foresees the suspension of the customs clearance of the merchandise that may infringe. He therefore resorts to the theoretical-descriptive method to make a consistent description in a context where there are ample perverse incentives for the import and/or export of unauthorized copies. The first section focuses on facilitation against regulation and customs control of trade. Next, the second part addresses the relevance of customs control of import and export goods in Ecuador. The third explores the importance of border measures (criminal and unfair competition). The fourth section considers in a theoretical sense the impact on transaction costs in import and export operations. Finally, the document develops a comparison between national norms and procedures with the type of request for a border measure made by other countries of the Andean community of the United Nations. It is concluded that the adoption of the mechanism can generate high administrative and transaction costs in import and export operations, due to the absence of rules of the game and more efficient automated procedures and under a continuous improvement scheme. PubDate: 2019-06-06 DOI: 10.31207/ih.v8i0.202 Issue No:Vol. 8 (2019)
Authors:Isaac Marcelo Basaure Miranda Pages: 9 - 36 Abstract: The objective of this paper is to determine the origin of the crime of forced disappearance of people in Latin America. The methodology used to carry out the research consisted in the normative, historical and jurisprudential analysis that exists internationally in the subject under study, using the analytical theoretical method. The structure of the article begins with a review of the historical evolution that said criminal behavior has had in the region. Then the most relevant precedents of the Inter-American Court of Human Rights in the matter are examined, in order to identify their main interpretative standards; as well as its reception in the Inter-American Convention on Forced Disappearance of Persons, and in the main international treaties and declarations on Human Rights. The essay concludes with a study of the recent impact of the judgments of the Inter-American Court of Human Rights on the Forced Disappearance of Persons. Finally, we conclude that the aforementioned crime began to be practiced in Guatemala, in 1966, and, from there, to expand to the rest of Latin America. PubDate: 2018-12-13 DOI: 10.31207/ih.v7i0.192 Issue No:Vol. 8 (2018)
Authors:Gabriel Hidalgo Andrade Pages: 249 - 324 Abstract: Constitutions establish the framework of formal and informal institutions of democracy. The political parties, recognized by law, that obtain the government and those that remain in the opposition, through universal and direct elections, with pre-established procedures for the adoption of political decisions, obtain and preserve the monopoly of the formal democratic representation. This means that government, justice, legislation and power come from formal institutions. But what happens when rebellion, in the form of the right of resistance, is justified within the framework of positive law and of the formal institutions themselves' How does the exercise of the right of resistance become a moral and civic obligation to resist the same unjust law through the constitutionalized forms of the always possible political totalitarianism' This work, developed from an interdisciplinary epistemological approach between constitutional law and political science, raises the right of resistance as a right-guarantee, prior and superior to the constitutional state, due to its origin in natural law, but which is enabled in an extreme circumstance, when the pillars of the modern state have collapsed and in a borderline situation of positive law. This work is divided into three parts: The first one, defines the conceptual framework on the current debate on the subject. The second part discusses the structural elements of power and law. The last part is about the conceptual limits in the legal typicity of the resistance action. PubDate: 2018-12-26 DOI: 10.31207/ih.v7i0.191 Issue No:Vol. 8 (2018)
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