Examinando por Materia "TERRORISMO"

Mostrando 1 - 8 de 8
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    La amenaza sin rostro : derecho internacional humanitario y terrorismo
    (Universidad EAFIT, 2020) Tisnés Zapata, Eduardo; Toro Valencia, Jose Alberto
    Since the mid 20th Century, states have begun to abandon confrontations between them. This phenomenon has had several explanations from different perspectives such as military and legal theories. In addition, international treaties have forbidden the unjustified use of force from one state against another, making illegal the start of an international conflict. This prohibition was strengthened by the UN Charter and its requirements for war. However, conflict has not come to an end, it has transformed into a confrontation between legitimate state forces and insurgent groups. These insurgencies have used non-conventional means of war to impose their will. These new means include, among others, terrorist acts, which are prohibited in the course of conflict. As terrorism represents one of the biggest threats to international security, it is important to have a complete unique definition of it, nevertheless, this has been impossible due to the complex international political reality. Now, terrorist organizations have violated International Humanitarian Law as they do not respect rules of conventional conflict. The necessity to reform the legal framework of this modern warfare has become an issue, as state agents are bound to act under International Humanitarian Law when terrorists are not.
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    Análisis y evaluación actual del sistema de autocontrol y gestión del riesgo integral de lavado de activos, financiación del terrorismo y financiamiento de la proliferación de armas de destrucción masiva (SAGRILAFT) respecto de empresas privadas del sector real en Colombia
    (Universidad EAFIT, 2023) Montoya González, Tomás; Hincapié Giraldo, Alejandro; Rengifo Rubio, Juan Sebastián
    The central problem addressed in this paper is related to the implementation and control of SAGRILAFT in Colombia, which seeks to prevent and detect Money Laundering, Financing of Terrorism and Financing of the Proliferation of Weapons of Mass Destruction (LAFT/FPADM), with the objective of evaluating its performance in practice and proposing improvements in the system's implementation models; The mechanisms used for this purpose and the multiple difficulties faced by the companies obliged to do so; of course, starting from the uncertainty of whether or not their actions correspond to the provisions of the regulations applicable to the case. Therefore, it is necessary to carry out a research that analyzes and critically evaluates the advantages and disadvantages of the implementation of SAGRILAFT in Colombia, with respect to private companies in the real sector, considering the practical aspects of its formal implementation, the cooperation between the actors involved and the challenges they face. In addition, it is essential to examine the existing control mechanisms and propose recommendations to strengthen the system and improve its capacity to prevent and detect conduct related to ML/FT/AMLPF. The thematic axis of this work is based solely and exclusively on the SAGRILAFT system, knowing the existence of others such as SARLAFT and SIPLAFT; since, given the proximity that is maintained with private companies of the Colombian real sector, and the possibility of having worked in them, having experience from the implementation of the system, to the application and execution of its policies, it is extremely striking the focus of the work under this premise.
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    Crímenes de guerra y terrorismo : consideraciones a la luz de la jurisprudencia de la Jurisdicción Especial para la Paz
    (Universidad EAFIT, 2022) Hincapié Arango, Valentina; Sotomayor Acosta, Juan Oberto
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    Efectos de los ataques terroristas sobre la demanda no atendida no programada de energía : evidencia empírica de los efectos del cese al fuego y firma del acuerdo de paz
    (Universidad EAFIT, 2022) Santamaría Vásquez, Isabella; Ramos Mosquera, Zwei Armando; Bohórquez Correa, Santiago
    The present investigation analyzes the evolution of terrorist attacks against the electrical power towers in Colombia and its effect on households due to unattended demand during the second decade of the 21st century and its change due to the ceasefire and the signing of a peace agreement. Annual data between 1990 and 2020 are used to show descriptive evidence and monthly panel data between 2008 and 2020 to make econometric estimates. Significant evidence is found to affirm that after the signing of the peace agreement with the FARC, there is a lower unscheduled unattended demand, which contributes to a better quality of life for society.
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    Teoría del Riesgo Conflicto en la jurisprudencia del Consejo de Estado y comentarios a su aplicación en la Sentencia del 25 de mayo de 2017 del Tribunal Contencioso Administrativo de la Guajira
    (Universidad EAFIT, 2018) Montoya Vélez, Juliana; Giraldo Ospina, Simón
    On 2014, the Juzgado Segundo Administrativo Oral del Circuito de Riohacha declared company PROMIGAS S.A. E.S.P. responsible, along with the Mine and Energy Ministry, for the damages caused to a group of citizens by the terrorist action perpetrated by FARC group, in which the gas pipeline named Ballenas-Barranquilla was exploded on October 2001 -- The court decision was founded on the fact that the two defendants were responsable under the accusation known as “riesgo-conflicto” (conflict risk), a form of exceptional risk -- However , imputation grounded on the fact that, at the judge consideration, PROMIGAS benefited from the gas transportation, mixing the two imputation titles (conflict risk and benefit risk) that belong to the exceptional risk -- That undue motivation, and vagueness on the due differentiation of the risks developed by the Consejo de Estado jurisprudence, led to PROMIGAS to appeal the court decision to a higher instance, in this case the Tribunal Contencioso Administrativo de la Guajira, who fall into the same mistakes tan the A-Quo, leading to ignore the status of the defendants, that is them being public or private entities, which will lead to responsibility exemptions that could be applied in the court process -- With the present article, it was intended to determine the application sphere, along with the passive subjects of the imputation title known as conflict risk, to determine if it was the specific one to apply in the case, and if the court´s decision was taken based on the jurisprudence of the Consejo de on the matter -- It was concluded, that the decisions made on both instances, were grounded on a wrong imputation tiles, and therefore it wasn´t PROMIGAS the one to repair the damages suffered by the victims of the terrorist attack
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    The global anti-money laundering regime: an assessment of effectiveness
    (Universidad EAFIT, 2017) Ramírez Vásquez, Daniel; Large, Joshua John Henry
    Money laundering is the most commonly occurring form of financial crime -- This has been facilitated by the presence of diverse technology that has made money laundering easier -- Globally, money laundering is a major concern since it is linked to terrorist financing and corruption of the financial systems -- In response, the international community has strengthened the AML/CFT structures following the terrorist act in the Unites States in September 2011 -- The thesis presents an analysis of the AML regulations and the challenges that national governments and the international community face when combating money laundering -- The main research question is: Is the current international anti-money laundering regime sufficiently robust to effectively control and limit the phenomenon of international money laundering? -- This report explains the negative effects of money laundering to the economies of countries, the international trend-setters of the AML regulations and the challenges faced during the implementation of AML policies -- After properly studying the literature, there seems to be major challenge during the implementation of the AML regulations making money laundering a pressing issue in both developing and developed countries -- To facilitate the implementation of AML framework, nations should create a framework for exchange of information -- As much as it’s a challenge, there is need for evaluation of the effectiveness of the AML structure particularly due to the changes providing new techniques for money laundering