Examinando por Materia "Acuerdo multilateral"

Mostrando 1 - 1 de 1
  • No hay miniatura disponible
    Ítem
    El Estado colombiano frente a los instrumentos de derecho internacional privado en el espacio interamericano (1888-2021)
    (Universidad EAFIT, 2022) Orrego Monagas, Susana; Peñuela Viana, Camilo; Posada Arango, Mateo
    Private international law contains answers to situations that people face in their daily lives when interacting with subjects of States other than their own. As Villalta explains, private international law as a discipline of analysis is relatively recent, since it has only been under construction and studied for a couple of centuries in the inter-American space; however, the problems that it solves go back many years. Therefore, everybody taking part in international relations, seek regulation within what is established by the private international law in each country, because despite it is created by the different actors of the international law, these rules end up being part of the legal system of each state. The state is the one who decides whether to take part or not in the different international law instruments. The lack of clear answers in the private international law causes an important spectrum of situations that do not have clarity of regulation, leading to legal uncertainty. This is how this law discipline becomes a transcendental pillar in every legal system. Also, the analysis and compilation of the instruments that compose the international private law in the Interamerican space, focus of this paper, are fundamental tasks for the different international civil relations that are taking place in the American continent. It is relevant to point out that there are a lot of international instruments that had been created in the Interamerican space in the time lapse within 1888 to 2021. But this does not mean that Colombia has been part of every negotiation process or has ratified or accessed all of them. This creates the need to analyze the most important international instruments that are part of the spatiotemporal delimitation of this paper, including those that have been ratified and accessed by Colombia and are now an integral part of its legal system and those that are not. However, despite the existence of various instruments, the fast movement of time with the creation of new unprecedent situations, together with the constant unconcern of the Colombian state to add to its legal system new international instruments, have caused that many situations are left unattended, and it also has led to the uncertainty in terms of rules that has been mentioned before. This being the reason why in this paper, there are not only going to compilated the instruments that have been ratified, but also the ones that are missing to include in the national legal system and some instruments do not exist yet but are important to be celebrated.