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Ius Humani. Law Journal

iushumani
Website

Published by Universidad de Los Hemisferios

ISSN : 1390440X EISSN : 13907794 DOI : -

Core Subject : Humanities, Art, Social,

Arts Humanities Law, Crime, Criminology & Criminal Justice

Ius Humani Law Journal is a platform (iushumani.org) open to researchers around the world. It contains articles in all languages, where writers publish original studies on persons rights (natural, human or constitutional) and about the effective procedures for the protection of rights. The studies are viewed both form the philosophical perspective and the perspective of the fundamental juridical principles. Ius Humaniâ€™s purpose is the diffusion of knowledge, and the promotion of debate on different juridical perspectives.

Arjuna Subject : -

Articles 225 Documents

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Sembrar Derechos. Reconfiguración del trabajador rural como sujeto de derecho, en los procesos de integración regional y universal Daniela Verónica Sánchez Enrique
Ius Humani. Jornal do direito Vol 4 (2014)
Publisher : Universidad Hemisferios

This paper analyzes the reform of rural labor in Argentina, from the theoretical debate linked to the reconfiguration of the worker as a subject of universal rights and the transformation of demos, opposite the supranational rules generated by the processes of regional integration and globalization.The aim of this study is to analyze the impact of this process, rules and institutionally by the degree of incorporation of international human rights standards in the national legislation related to the new regime of Argentine agricultural work.The structure of this analysis contains three sections. In the first, the theoretical debate on the transformation of citizenship, caused by the tension between national legislation and international rights, to rethink the extent influences the transformation of the legal status of the worker, the subject develops subject to national law to regional and universal right. The second will make a brief analysis of some supranational law which manifests the internationalization of the rights of workers. Finally, we discuss the strategic points of the last reform of the Argentine rural work, trying to analyze the main changes. The selected for the development of this proposed methodology consists of theoretical analysis of the transformation of demos and regulations for the new regime of Argentine farm work (National Law 26,727), which will be supplemented by referring to bodies of Latin American regional integration and International Treaties on Human Rights, specifically on Economic, Social and Cultural Rights (ESCR).

Revisitando la idea / el ideal de la Sociedad Civil Global a la luz de los Derechos Humanos Andrés López Rivera
Ius Humani. Jornal do direito Vol 5 (2016)
Publisher : Universidad Hemisferios

In the past few decades, the proliferation of a “third sector” of nongovernmental and non-profit organizations that operate across borders has prompted a reformulation of the concept of civil society. A number of contemporary studies contend that the previously state-centric civil society is becoming international, transnational or global. Whether the emergence of an autonomous realm of world citizens is merely a projection of a cosmopolitan ideal or a real phenomenon is a contentious issue. The present article problematizes the idea of a global civil society by analysing its descriptive purchase and its normative implications. Drawing on a constructivist approach, the paper proposes the term “ideational infrastructure” to analyse its discursive and interpretive underpinnings. The analysis finds that global civil society is a reification rooted in human rights discourse as a contemporary ideal and a moral aspiration.

Aspectos procesales relativos al daño ambiental en el Ecuador René Bedón Garzón
Ius Humani. Jornal do direito Vol 2 (2010)
Publisher : Universidad Hemisferios

This paper aims to determine, through a deep analysis of different doctrines, the definition of environmental damage; it also seeks to determine the difference between damage to nature and the civil environmental damage, which is damage to individual interests or collective environmental event occasion. To this purpose, we intend to study certain procedural rules and case law concerning Ecuadorian environmental management, also in comparative law considers how countries like Chile, Spain and Argentina regulate compensation and repair environment.

La intangibilidad de las acciones privadas de las personas Mauricio Maldonado Muñoz
Ius Humani. Jornal do direito Vol 4 (2014)
Publisher : Universidad Hemisferios

This article aims to approach a warranty called: inviolability of private actions of individuals. The right to privacy, in its content and scope, is aboard from a widespread vision. Principally, the issue about the limits of the State interventions and regulations it’s analyzed, from a position that denies the theory of communitarianism. In general, this article conceptualize the most important issues about freedom, law and human virtues, rights of others and public morals; concreting this topics with its entailment with other human rights related to the right to privacy. The central idea of this paper is to demonstrate the mainstreaming or transversality of the warranty (inviolability of private actions of individuals), involving transcendental issues for philosophy of law, legal theory and, of course, human rights.

El neoconstitucionalismo. Una definición y una taxonomía latinoamericana Vicente Solano Paucay
Ius Humani. Jornal do direito Vol 5 (2016)
Publisher : Universidad Hemisferios

In order to define some of the main elements of neo-constitutionalists theses, we must ask ourselves some fundamental questions that can help us to distinguish the relationship between this “tendency” and traditional legal theories. These questions will allow us to figure out the different notions denominated neo-constitutionalists in order of accomplishing the objective of identify and classify them. The first question would be related with the thesis of the connection between law and morality; the second question would have to review the thesis of the necessity of morality for the identification and validity of law; the third question has to explore the thesis where principles or constitutional values refer to morality and its implicative thesis of how to apply the principles and rules. In this way, we can find into the neo-constitutionalists theses some convergences or divergences that may lead us to better clarify plausible criteria for the identification of transcendental elements. These elements denote if “neo-constitutionalism” is a new “theory” of the overriding law of dichotomy between non-positivism and legal positivism.

La persecución religiosa en el siglo XXI César Castilla Villanueva
Ius Humani. Jornal do direito Vol 6 (2017)
Publisher : Universidad Hemisferios

All kind of persecutions are deplorable acts, especially those targeting religious groups, because it limits the freedom of the human being in his relationship with God. Unfortunately, the universal history shows us that religious persecutions have been originated since ancient times. Until now, nothing has been done to prevent it. The present essay applies an historical-sociological approach related to the field of the political sciences to be able to explain the causes of the persecutions privileging the study of the social environment. As empirical evidence have been chosen cases of the Armenian’s genocide late and early nineteenth and twentieth century, and also the case of the religious persecution towards the Izadi population by the terrorist group “Islamic State” (Daesh). Finally, this paper doesn’t aim to find solutions but invites to reflection, resuming intercultural dialogue proposed by the Austrian Hans Köchler and Iranian President Mohammad Khatami during the twentieth century, as an option to develop tolerance and promote understanding between different cultures in order to work together and prevent further cases of persecution in XXI century.

Los seis errores más comunes en la interpretación jurídica ecuatoriana César Coronel Jones
Ius Humani. Jornal do direito Vol 1 (2008)
Publisher : Universidad Hemisferios

The main purpose of this work is to correct the misconception prevailing in culture of the Ecuadorian legal interpretation of the law. For this, the author through constructive criticism, stated six misconceptions quite accepted by our lawyers, judges and public officials. Also develops an introductory study on the purpose of the interpretation of the law and its associated elements.

Riofrío, J.C. & Marín Sevilla, M. (2012). Régimen de competencia. Quito: CEP Danilo Icaza Ortiz
Ius Humani. Jornal do direito Vol 3 (2012)
Publisher : Universidad Hemisferios

This paper is a review of the competition regime works of various authors, published under the auspices of the University of the Hemispheres and the Corporation for Studies and Publications. Analyzes the structure, the general concepts, case law taken for development. Includes comments on the usefulness of this work for the study of competition law and the contribution to the lawyers who want to practice in this branch of economic law.

Mediación y participación ciudadana en México María Guadalupe Márquez Algara; José Carlos De Villa Cortés
Ius Humani. Jornal do direito Vol 5 (2016)
Publisher : Universidad Hemisferios

This paper describes the origin and development of the mediation in Mexico, a procedure that is currently gaining great force in that country. However, its beginning dating from 1997 had a certain problematic since the mediation did not begin as a national movement, because was local and only in a judicial forum. However, in 2008 it became a federal obligation that all the states of the country offer alternative justice mechanisms, including the mediation in their respective judicial powers, although each state developed its own way, because their respective laws are local, so their results at the individual level are very diverse. Also, in recent years, it has also developed the school, community and indigenous mediation in some states, which promote citizen participation, which is one of the major factors for the development of mediation in such scenarios. The article narrates in a chronological way the described evolution, using, besides doctrine, statistics and official information. Also shows, that though the mediation in Mexico is gathering strength, it is not doing it in a homogeneous way in the whole country because the state differences sometimes are very big.

Nulidad e Inexistencia de los Actos Jurídicos en el Derecho Ecuatoriano César Coronel Jones; Oscar Del Brutto Andrade
Ius Humani. Jornal do direito Vol 2 (2010)
Publisher : Universidad Hemisferios

Inexistence and nullity of juridical acts are basic institutions in Ecuadorian Law. These are two different categories that have in common the chasing of the invalidity of the juridical acts that didn’t form according to Law. Inexistent acts are deprived by the law of any legal effect, while null acts have legal effects but a judge can declare them null and erase their legal effects that have already taken place. This paper reviews the legal regulation of inexistent and nullity under Ecuadorian Law, as well as the rulings of the National Court of Justice regarding the issue.

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