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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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La fumigación de herbicidas colombiana y el derecho humanitario internacional Natalia Andrade Cadena
Ius Humani. Jornal do direito Vol 6 (2017)
Publisher : Universidad Hemisferios

The Colombian Government since 2000 has been using sprayings of herbicides in large scales with the aim of destroying illegal crops of coca and poppy plants. This action has been widely criticized; therefore, there have been several studies related to this matter. In the legal area, this issue has been analyzed mainly from the human rights perspective. Nevertheless, this paper addresses this matter from a completely different standpoint. This article’s main objectives are to analyze the aerial spraying of herbicides as an act of war within the Colombian armed conflict and to critically assess its lawfulness under the rules and principles of the International Humanitarian law. In other to achieve those objectives this article gives a brief background of the analyzed practice and explains why aerial spraying of herbicides can be considered an act of war. Furthermore, the reality of this practice is compared with the rules and exceptions of the International Humanitarian Law to finally conclude that the fumigations with herbicides are an open violation of the aforementioned law.

La Protección Jurídica del Non Nato en el Ecuador Gabriela Valdivieso Ortega; María Luisa Bossano
Ius Humani. Jornal do direito Vol 1 (2008)
Publisher : Universidad Hemisferios

The focus of this paper is the beginning of life. Analyzing the theories expounded on this topic by various authors, the research seeks to define the origin of the human personality. The paper contains a study of the presumptions of law fixing the beginning of life, under Ecuadorian law, with a view to the protection of this fundamental right. Also outlines the various contradictions on this argument found in our body of law.

El derecho a la verdad en el ámbito iberoamericano Luis Giancarlo Torreblanca Gonzales
Ius Humani. Jornal do direito Vol 3 (2012)
Publisher : Universidad Hemisferios

This paper persued to establish the origin of the Right to the Truth in Latin America, after this, it describes the statements issued by the American Court of Human Rights on this important right and its reception by the principles contained in the American Convention on Human Rights and as the scope that comes giving; this work concludes with a brief discussion of the reception they have had the judgments of the Inter-American Court of Human Rights in the Latinamerican Courts.

La protección jurídica del medio ambiente en la jurisprudencia de la Corte Interamericana de Derechos Humanos Valerio de Oliveira Mazzuoli; Gustavo de Faria Moreira Teixeira
Ius Humani. Jornal do direito Vol 4 (2014)
Publisher : Universidad Hemisferios

This article examines the interconnections between environmental issues and the protection of human rights, in a process that began in the United Nations Conference on the Human Environment (Stockholm, 1972) and has been developed by the greening of the regional human rights systems. In the Inter-American system the article 11 of the Additional Protocol to the American Convention on Economic, Social and Cultural Rights of 1988 — the Protocol of San Salvador — guarantees the right to a healthy environment. However the American Convention (on its arts. 3-25, 44-51 and 61-69) and its Additional Protocol (on its arts. 8, 13 and 19.6) only allow the submission of individual petitions to the Inter-American Commission and the possible acting of the Inter-American Court, in complaints containing alleged violations of civil and political rights, trade union rights and the right to education. Despite the lack of devices that are capable to ensure an effective protection to the right to a healthy environment, by itself, the Inter-American Court has demonstrated the greening of the human rights, which means, in other words, that it is quite possible to protect environmental issues by the demonstration of its interconnections with civil and political rights that are directly protected by the inter-American system. Therefore, it is necessary to understand the contributions of the jurisprudence of the Inter-American Court in the strengthening of the civil and political rights in cases related to environmental issues.

El rol del número de cédula en el derecho a la identidad Javier Ribadeneira Sarmiento
Ius Humani. Jornal do direito Vol 5 (2016)
Publisher : Universidad Hemisferios

Among the rights enshrined in our Constitution is the right to personal identity, which is also considered a human right and inalienable of every person since birth. Under the guideline of this right, the article presents a comparative analysis between the repealed Civil Registration, Identification and Registration Law (LRegCiv) and the current Organic Law on Identity and Civil Data Management (LOGIDC), and to deepen the normative changes. Despite the novelty of the current legal framework, this article identifies and lists several errors of conception or omission that the new law contains. Also the article highlighted several concepts that lend themselves to confusion. In addition, with the support of a case study, the mistakes that the administration committed and could still commit are exemplified. It is concluded that the new law is not sufficient to guarantee in a reliable way the right to identity due, mainly, to its gaps and lack of definitions. The author presents and explains the main new legal developments in civil registration. The article was written using mainly legal texts, doctrine, papers of recognized writers and for didactic purposes it analyzes a practical case. It is structured as follows: (i) introduction, (ii) the right to identity, (iii) normative developments, (iv) case study, (v) conclusions and recommendations.

El Derecho de Competencia Económica en la Constitución del Ecuador Marcelo Marín Sevilla
Ius Humani. Jornal do direito Vol 2 (2010)
Publisher : Universidad Hemisferios

This work allows us to establish the Economic Constitution and the Competition Law (C.L) in the Constitution. Additionally, the paper analyzes whether the rules outlined in the C. L. and in doctrine are consistent and appropriate with the Constitution of Ecuador. The Competition and Antitrust Laws has rules for investigating and punishing the cartels, the abuses of power market (dominant position), the rules for merger control, the behaviors of Abuse of economic dependence, and unfair competition behaviors. Always the Antitrust Authority will analyze these behaviors in terms of welfare of both: the consumer and the market.

Bioetica giudiziaria in Italia: note critiche su una sentenza recente in tema di protezione della vita prenatale Claudio Sartea
Ius Humani. Jornal do direito Vol 4 (2014)
Publisher : Universidad Hemisferios

Inspired by a recent judgment of the Italian Court of Cassation, this paper presents a summary of the essential references of fact and law around the case, and offers some critical reflections on the topic, very conflictive, of the legal personality of the unborn. The reasoning inevitably turns toward the more general discourse concerning the foundation of individual rights, oscillating between liberty (voluntaristic and subjectivist outlook) and dignity (objectivist, and conditioned by the precautionary principle). On the basis of the preferred option, we will have a different conception of the role of biolaw in technologically advanced societies. After the presentation of the judicial case and the main legal arguments of the decision (first chapter), the article explores the crucial issue of legal personality of the unborn, from the dual perspective of law and philosophy of law, in particular justifying the equation that identifies human being and person (second chapter). Subsequently, the third chapter offers a reflection on the alternative between dignity and liberty in order to the foundation of individual rights, arguing the preference for a dignitary perspective: in fact, this defends better the vulnerable people and then really safeguards the equality. The last chapter before the conclusion connects the bioethical discussion with the consideration of task of biolaw and of the jurist in contemporary societies.

Neoconstitucionalismo, nuevo constitucionalismo latinoamericano y procesos constituyentes en la región andina Jorge Benavides Ordóñez
Ius Humani. Jornal do direito Vol 5 (2016)
Publisher : Universidad Hemisferios

The purpose of the paper is to account for the importance attributed by the constitutions inspired by the so-called new Latin American constitutionalism to popular participation in matters of constitutional changes. To that extent, the analysis will be carried out in a comparative manner. To this end, in the first place, we differentiate between neoconstitutionalism and new Latin American constitutionalism. Later, we describe the influence of the new Latin American constitutionalism in the processes of creation and reform of the Constitutions of Colombia, Venezuela, Ecuador and Bolivia. Next Chapter is dedicated to Ecuador, one realizes the present inconsistency in terms of participation that exists between the model contemplated in the constitutional text and political and legal practice. Finally, there are five conclusions that shows the future way for a true participation in regional neoconstituionalism and some contradictions between dogmatic and organic part of Ecuadorian Constitution.

Evolución histórica de la oralidad y la escritura en el proceso civil español y ecuatoriano Álvaro Mejía Salazar
Ius Humani. Jornal do direito Vol 6 (2017)
Publisher : Universidad Hemisferios

Ecuador faces its greatest challenge in the history of its non-criminal justice administration: the implementation of the judgment by hearing process. Beyond the debate regarding the weaknesses that, in practice, this implementation experiences, it is convenient to make a retrospective review of the history of writing and orality in the processes. To these effects, the evolution of these forms of communication of the procedural acts will be studied; starting from the old age, through the medieval times, to the colonial, republican and contemporary times of the Ecuador. This will lead us to better understand each method of communication of procedural acts and will confirm the convenience of the oral technique—at least as far as the civil process is concerned. The study follow an historic method that analyze all periods of procedural evolution chronologically. This essay will cover a period between primitive societies and the COGEP (the current non-criminal procedural code).

La casación penal ecuatoriana Jaime Flor Rubianes
Ius Humani. Jornal do direito Vol 1 (2008)
Publisher : Universidad Hemisferios

This paper presents in a didactic way the thesis, the application procedure and the consequences of a criminal appeal in Ecuador. Develops carefully whether and in what areas it should bring this action. It also includes the historical evolution of the appeal in our penal system.

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