Pub Date : 2020-10-16DOI: 10.18800/agenda.202001.001
Patrícia Nasser de Carvalho, Elói Martins Senhoras
Based on the theorical framework that considers contextual and structural long-term perspectives of world hegemonic cycles and transitions of global powers, the aim of this reading is to critically analyze the ongoing and potential impact of the pandemic in the light of a conjunctural and historical perspective. The hypothesis is that although the COVID-19 crisis has already had deep negative impact on the global economy and represents a perfect storm for the US hegemony, seeing as the country is being challenged by many factors with strong magnitude and adverse effects, indeed it would not generate an immediate terminal crisis of the North American hegemony. Just in the long run the COVID-19 pandemic has the potential to trigger another world hegemonic power. The reading is based on the theoretical perspectives of world hegemonic cycles in international relations and is methodologically characterized as an explanatory and descriptive study and is built on a bibliographic review for the collection of theoretical and historical data.
{"title":"The impact of COVID-19 Crisis on the Global Economy and the North American Hegemonic Cycle: A reading","authors":"Patrícia Nasser de Carvalho, Elói Martins Senhoras","doi":"10.18800/agenda.202001.001","DOIUrl":"https://doi.org/10.18800/agenda.202001.001","url":null,"abstract":"Based on the theorical framework that considers contextual and structural long-term perspectives of world hegemonic cycles and transitions of global powers, the aim of this reading is to critically analyze the ongoing and potential impact of the pandemic in the light of a conjunctural and historical perspective. The hypothesis is that although the COVID-19 crisis has already had deep negative impact on the global economy and represents a perfect storm for the US hegemony, seeing as the country is being challenged by many factors with strong magnitude and adverse effects, indeed it would not generate an immediate terminal crisis of the North American hegemony. Just in the long run the COVID-19 pandemic has the potential to trigger another world hegemonic power. The reading is based on the theoretical perspectives of world hegemonic cycles in international relations and is methodologically characterized as an explanatory and descriptive study and is built on a bibliographic review for the collection of theoretical and historical data.","PeriodicalId":33271,"journal":{"name":"Agenda Internacional","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45376643","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-10-16DOI: 10.18800/agenda.201902.009
Yovana Reyes Tagle
Article 73 of the Cartagena Agreement recognizes that the protection of human life and health can be justified through the adoption of import restrictions in the Andean Community. This paper analyzes the suitability between the national measure adopted and the objective pursued. The quantitative restrictions introduced by Ecuador to reduce the emission of greenhouse gases to protect human health and their justification in the light of the Cartagena Agreement are used as a case study. The paper argues that the analysis of an import restriction adopted to protect human health does not only require a quantitative assessment of thev contribution of the restriction to achieve the desired objective; namely, that the sector or activity that causes the problem is the most significant. A qualitative approach is necessary.
{"title":"La protección de la salud de las personas frente al libre comercio de mercancías en la Comunidad Andina","authors":"Yovana Reyes Tagle","doi":"10.18800/agenda.201902.009","DOIUrl":"https://doi.org/10.18800/agenda.201902.009","url":null,"abstract":"Article 73 of the Cartagena Agreement recognizes that the protection of human life and health can be justified through the adoption of import restrictions in the Andean Community. This paper analyzes the suitability between the national measure adopted and the objective pursued. The quantitative restrictions introduced by Ecuador to reduce the emission of greenhouse gases to protect human health and their justification in the light of the Cartagena Agreement are used as a case study. The paper argues that the analysis of an import restriction adopted to protect human health does not only require a quantitative assessment of thev contribution of the restriction to achieve the desired objective; namely, that the sector or activity that causes the problem is the most significant. A qualitative approach is necessary.","PeriodicalId":33271,"journal":{"name":"Agenda Internacional","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42310256","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-10-16DOI: 10.18800/agenda.201901.005
Manuel Augusto de Cossío Klüver
This text deals with water resources existing in transboundary aquifers. It highlights the global importance of water, in particular of groundwater, for human development and the sustainability of ecosystems. The abundance of this natural resource deserves a study of the legal regime that can be applied. In this regard, the development of binding and non-binding regulations applicable to the study of transboundary aquifers is reviewed. Finally, one of the international disputes that have developed around the use and exploitation of transboundary underground water resources is briefly analyzed.
{"title":"Un recurso natural invisible: los acuíferos transfronterizos","authors":"Manuel Augusto de Cossío Klüver","doi":"10.18800/agenda.201901.005","DOIUrl":"https://doi.org/10.18800/agenda.201901.005","url":null,"abstract":"This text deals with water resources existing in transboundary aquifers. It highlights the global importance of water, in particular of groundwater, for human development and the sustainability of ecosystems. The abundance of this natural resource deserves a study of the legal regime that can be applied. In this regard, the development of binding and non-binding regulations applicable to the study of transboundary aquifers is reviewed. Finally, one of the international disputes that have developed around the use and exploitation of transboundary underground water resources is briefly analyzed.","PeriodicalId":33271,"journal":{"name":"Agenda Internacional","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47697899","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-10-16DOI: 10.18800/agenda.201901.008
Gattas Abugattas
This paper presents the problems regarding the application of articles 56 and 57 of the Political Constitution of Peru, referring to cases in which a treaty requires or not to be approved by the Congress before the President express the consent of the State to be bound by it. Raised the problem, this paper analyzes each case in which the Constitution requires the Congress approval, considering the doctrine, the Peruvian practice on the matter, as well as the rules in force and normative proposals.
{"title":"Tratados que requieren la aprobación del Congreso de la República del Perú","authors":"Gattas Abugattas","doi":"10.18800/agenda.201901.008","DOIUrl":"https://doi.org/10.18800/agenda.201901.008","url":null,"abstract":"This paper presents the problems regarding the application of articles 56 and 57 of the Political Constitution of Peru, referring to cases in which a treaty requires or not to be approved by the Congress before the President express the consent of the State to be bound by it. Raised the problem, this paper analyzes each case in which the Constitution requires the Congress approval, considering the doctrine, the Peruvian practice on the matter, as well as the rules in force and normative proposals.","PeriodicalId":33271,"journal":{"name":"Agenda Internacional","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46917586","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-10-16DOI: 10.18800/agenda.201901.010
Yolanda Mendoza
Although the preliminary interpretation is considered as a non-contentious community process, its effects make it the main instrument used by the Andean Court of Justice with the purpose of guarantee respect for the Andean Community Law. To comply with such important work, the Community court needs the cooperation of national judges, since they are the only ones authorized to request the preliminary interpretation and to adopt, in their final decisions, the interpretation that this Court of Justice makes on the Andean community standards.In view of that, it is imperative to have an appropriate interpretation of the term national judge, the same one that is described in Article 33° of the Treaty of Creation of the Andean Court of Justice. Such interpretation would ensure the full identification of the legitimate national operator, also considered as a Community judge for their collaboration in the application and in the uniform interpretation of the Andean legal system in the territory of the Andean Community’s Member Countries.After analyzing the main judgments of the Andean Court of Justice related to the interpretation of the term national judge, we verify that this Community body, expressly, does not use the rules of interpretation established in the Vienna Convention on the Law of Treaties of 1969. This Court of Justice opts for an interpretation that extends its meaning and, consequently, understands that the national judge is also an administrative functionary with a jurisdictional function and an arbitrator.
{"title":"La interpretación sobre el juez nacional en el Tribunal de Justicia de la Comunidad Andina","authors":"Yolanda Mendoza","doi":"10.18800/agenda.201901.010","DOIUrl":"https://doi.org/10.18800/agenda.201901.010","url":null,"abstract":"Although the preliminary interpretation is considered as a non-contentious community process, its effects make it the main instrument used by the Andean Court of Justice with the purpose of guarantee respect for the Andean Community Law. To comply with such important work, the Community court needs the cooperation of national judges, since they are the only ones authorized to request the preliminary interpretation and to adopt, in their final decisions, the interpretation that this Court of Justice makes on the Andean community standards.In view of that, it is imperative to have an appropriate interpretation of the term national judge, the same one that is described in Article 33° of the Treaty of Creation of the Andean Court of Justice. Such interpretation would ensure the full identification of the legitimate national operator, also considered as a Community judge for their collaboration in the application and in the uniform interpretation of the Andean legal system in the territory of the Andean Community’s Member Countries.After analyzing the main judgments of the Andean Court of Justice related to the interpretation of the term national judge, we verify that this Community body, expressly, does not use the rules of interpretation established in the Vienna Convention on the Law of Treaties of 1969. This Court of Justice opts for an interpretation that extends its meaning and, consequently, understands that the national judge is also an administrative functionary with a jurisdictional function and an arbitrator.","PeriodicalId":33271,"journal":{"name":"Agenda Internacional","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42563184","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-10-16DOI: 10.18800/agenda.201901.011
A. Moreno
This work examines the obligation to negotiate regarding the case filed by Bolivia before the International Court of Justice concerning the obligation to negotiate sovereign access to the Pacific Ocean. For that purpose, it will put emphasis on the strategy followed by Bolivia, regarding certain pros and cons of its case theory. After that, it will study the obligation to negotiate and its development in the international jurisprudence. Subsequently, emphasis will be done to the theoretical distinction between the obligations of means and obligations of result with the aim to identify in which of these two categories does the obligation to negotiate fit. Finally, it concludes supporting that the obligation to negotiate could be qualified as an obligation of conduct or an obligation of result, according to the content that it has.
{"title":"La obligación de negociar en el derecho internacional: un análisis a la luz de la clasificación de las obligaciones de comportamiento y de resultado","authors":"A. Moreno","doi":"10.18800/agenda.201901.011","DOIUrl":"https://doi.org/10.18800/agenda.201901.011","url":null,"abstract":"This work examines the obligation to negotiate regarding the case filed by Bolivia before the International Court of Justice concerning the obligation to negotiate sovereign access to the Pacific Ocean. For that purpose, it will put emphasis on the strategy followed by Bolivia, regarding certain pros and cons of its case theory. After that, it will study the obligation to negotiate and its development in the international jurisprudence. Subsequently, emphasis will be done to the theoretical distinction between the obligations of means and obligations of result with the aim to identify in which of these two categories does the obligation to negotiate fit. Finally, it concludes supporting that the obligation to negotiate could be qualified as an obligation of conduct or an obligation of result, according to the content that it has.","PeriodicalId":33271,"journal":{"name":"Agenda Internacional","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43729034","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-10-16DOI: 10.18800/agenda.201901.002
J. Boza
Peru has had since 1900 two periods focused on solving boundary disputes. The first one, from 1902 to 1942, aimed efforts at negotiations to fix Peru’s international borders with its five neighbors. The second one, between 1995 and 2014, aimed at solving all pending boundary issues, including fully implementing boundary treaties with Ecuador and Chile, as well as defining maritime limits with both countries. In sum, half of the time elapsed since the year 1900 Peru’s foreign policy centered on solving peacefully disputes regarding the country’s international boundaries.
{"title":"Los ciclos de política exterior peruana focalizados en la solución de las controversias fronterizas","authors":"J. Boza","doi":"10.18800/agenda.201901.002","DOIUrl":"https://doi.org/10.18800/agenda.201901.002","url":null,"abstract":"Peru has had since 1900 two periods focused on solving boundary disputes. The first one, from 1902 to 1942, aimed efforts at negotiations to fix Peru’s international borders with its five neighbors. The second one, between 1995 and 2014, aimed at solving all pending boundary issues, including fully implementing boundary treaties with Ecuador and Chile, as well as defining maritime limits with both countries. In sum, half of the time elapsed since the year 1900 Peru’s foreign policy centered on solving peacefully disputes regarding the country’s international boundaries.","PeriodicalId":33271,"journal":{"name":"Agenda Internacional","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43227482","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-10-16DOI: 10.18800/agenda.201901.001
Sebastien Adins
Taking into consideration the transitory nature of the current international system, this article aims to analyze the relationship between the global emergence of several powers from the South and their regional policies. After an exploration of the academic literature on regional, middle and rising powers, the author compares the regional strategies of two states, Brazil and Turkey, based on four dimensions: their relative power resources, the self-perception regarding the region, the strategies and roles that constitute their regional policy and the reception of this projection by its neighbors and the main extra-regional powers. From this comparison, the relationship will be established between the regional strategies of both countries and their global emergence aspirations.
{"title":"¿La región como trampolín para la emergencia global? Las estrategias regionales de Brasil y Turquía","authors":"Sebastien Adins","doi":"10.18800/agenda.201901.001","DOIUrl":"https://doi.org/10.18800/agenda.201901.001","url":null,"abstract":"Taking into consideration the transitory nature of the current international system, this article aims to analyze the relationship between the global emergence of several powers from the South and their regional policies. After an exploration of the academic literature on regional, middle and rising powers, the author compares the regional strategies of two states, Brazil and Turkey, based on four dimensions: their relative power resources, the self-perception regarding the region, the strategies and roles that constitute their regional policy and the reception of this projection by its neighbors and the main extra-regional powers. From this comparison, the relationship will be established between the regional strategies of both countries and their global emergence aspirations.","PeriodicalId":33271,"journal":{"name":"Agenda Internacional","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44197723","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-10-16DOI: 10.18800/agenda.201901.003
J. Chan
The Free Trade Agreement between Peru and China has as characteristics a long process of gestation and a brief process of negotiation. Tariffs benefits agreed allow for the great majority of potential Peruvian exports products to have access to tariffs reductions. On the other hand, almost all Peruvian products sensitive to Chinese competition were excluded from the tariff reduction process or were included with up to 17 years of tariffs reductions. After nine years of entering into force, it is concluded that the agreement has been beneficial for Peru, notwithstanding the essential characteristic of its trade structure: that of being interindustrial.
{"title":"Los nueve años del TLC Perú – China. Su negociación y sus resultados","authors":"J. Chan","doi":"10.18800/agenda.201901.003","DOIUrl":"https://doi.org/10.18800/agenda.201901.003","url":null,"abstract":"The Free Trade Agreement between Peru and China has as characteristics a long process of gestation and a brief process of negotiation. Tariffs benefits agreed allow for the great majority of potential Peruvian exports products to have access to tariffs reductions. On the other hand, almost all Peruvian products sensitive to Chinese competition were excluded from the tariff reduction process or were included with up to 17 years of tariffs reductions. After nine years of entering into force, it is concluded that the agreement has been beneficial for Peru, notwithstanding the essential characteristic of its trade structure: that of being interindustrial.","PeriodicalId":33271,"journal":{"name":"Agenda Internacional","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48810824","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-01DOI: 10.18800/agenda.201901.007
J. A. Pacheco de Freitas
{"title":"La relación entre el principio de legalidad en derecho penal internacional y la tipificación internacional de los crímenes de lesa humanidad: una perspectiva histórica","authors":"J. A. Pacheco de Freitas","doi":"10.18800/agenda.201901.007","DOIUrl":"https://doi.org/10.18800/agenda.201901.007","url":null,"abstract":"","PeriodicalId":33271,"journal":{"name":"Agenda Internacional","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67733092","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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