Examinando por Materia "Derecho internacional"
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Ítem Análisis sobre la competencia del sistema interamericano para conocer de los casos previamente resueltos por la Jurisdicción Especial para la Paz(Universidad EAFIT, 2019) Duque Vélez, Mariana; González Cifuentes, Sara; Toro Valencia, José AlbertoTransitional justice is a normative concept created under international and national law that provides temporary regulations to achieve a peaceful transition from war to peace. Under the Colombian government Peace Agreement with the FARC-EP the Special Jurisdiction for Peace is the transitional justice mechanism created under the observance of these parameters and with a restorative justice approach in favor of the victims. The Inter-American Human Rights System is the regional mechanism responsible for the promotion and protection of human rights in the continent. Considering the recent entry into force of the Special Jurisdiction for Peace, it is important to analyze the eventual competence that the Inter-American Human Rights System would have in the cases previously resolved by this court. If the JEP, as in theory must happen, complies with the norms of international law and the inter-American standard, the competence of the Inter-American Human Rights System will be restricted, since the State itself would had already satisfied the main goal of the Inter-American field.Ítem El derecho fundamental a la impugnación: ¿un desconocimiento de normas internacionales en el ordenamiento jurídico colombiano?(Universidad EAFIT, 2016) Botero Londoño, Estefanía; Molina Franco, Lina Marcela; Ceballos Velásquez, AlbertoÍtem El derecho humano a los servicios públicos esenciales : una mirada a la prohibición del derecho a la huelga(Universidad EAFIT, 2021) Londoño Londoño, Manuel; Muñoz Valencia, Andrés; Múnera Posada, ArmandoThis monograph seeks to resolve in four chapters the problem that exists regarding the exercise of the right to strike in essential public services in Colombia. Based on this premise, a theoretical framework on international legislation and its position within the Colombian legal system was developed, in addition to a brief explanation of the functioning, organizational chart and powers of the International Labor Organization. With this, the aim was to put in context the powers of this international organization. context of the powers of this international organization, but above all, the validity of its decisions and/or regulations in our country. and/or regulations in our country. Subsequently, we contrasted the position on the right to strike and essential public services between the two countries. and essential public services between the two regulations. In this order of ideas, this monograph touched upon topics such as: the definition of international treaties, the constitutional block treaties, the constitutional block, the right to strike and essential public services. essential public services. In addition, topics such as the International Labor Organization, the process of ratification of international treaties in Colombia, the right to strike and essential public services were discussed. ratification of international treaties in Colombia, the functioning of the exercise of the right to strike, as well as the right to strike. the exercise of the right to strike, as well as other important aspects when it comes to adopting a position on the problem raised in this paper. the problem raised in this paper.Ítem El Derecho Internacional Humanitario en el conflicto armado entre Rusia y Ucrania : importancia, eficacia y desafíos en la protección de la población civil(Universidad EAFIT, 2023) Londoño Gómez, Marcela Andrea; Acosta Navas, Juan PabloThis research arises from the existing need to analyze the true effectiveness of International Humanitarian Law for the protection of the civilian population, in a political context such as the present one, since an international armed conflict between Russia and Ukraine is taking place, which at the time of this investigation, it has left a balance of 95.000 war crimes. To achieve this objective, it was necessary to go to sources of information such as specialized books on IHL, reports from the United Nations and the International Committee of the Red Cross, and, to press sources that allow an in-depth investigation to be carried out. Through this work, it was found that during the armed conflict there has been multiple violations of IHL, affecting the life and well-being of the civilian population. This international legal regime has not been enough to provide real protection to the people protected by it, concluding in the need for a review and consolidation of the international instruments of the law of war to face the challenges of a contemporary armed conflict.Ítem El papel de la Junta Administradora Local de la Comuna 11 de Medellín en las dinámicas de presupuesto participativo durante el período 2020-2022 : análisis crítico del Decreto 0146 de 2022(Universidad EAFIT, 2023) Abbasi Miranda, Sahand; Sánchez Daniels, Catalina del PilarThe purpose of this dissertation is to critically examine the role of the Local Administrative Board (LAB) in the operation of the Participatory Budget (PB) in the district 11 (Laureles-Estadio) of Medellín, in the period spanning the years 2020 to 2022. For this purpose, the relevant actors, stakes and procedures involved were identified. This work will also examine the notion of the PB at international, regional and domestic scales through an exercise of comparative law, emphasizing the role of the LABs as political and administrative authorities in the allocation of PB funds, both in the fostering of citizen participation as well as in the political and administrative oversight of budgetary procedures. Throughout this dissertation the reader is provided with an in-depth review of the role of the LABs in the allocation of PB resources in light of the Decree 146 of 2022, highlighting the inconsistencies between the national legislation and territorial regulations on the subject. This paper aims to provide insights into the debate on the efficacy and effectiveness of the PB in Medellín as well as its capacity to fulfil the purposes of the Colombian State in the territories, while also exploring successful experiences of the same nature at the international stage and offering some policy recommendations.