La garantía de los desca a través del diálogo judicial y arbitral

Translated title of the contribution: The guarantee of desca through judicial and arbitration dialogue

Juan Felipe Solórzano Quintero

Research output: Contribution to journalArticlepeer-review

Abstract

This paper illustrates the importance of social, economic, and cultural rights and shows that these rights are not completely protected, especially in international investment law. Thus, the judgments resulting from the disputes between the States and investors can affect the realization of social rights, since authorities can drastically restrict the power of the State. Therefore, it is necessary that the arbitrators submit to human rights. As a result, at the Max Planck Institute for Comparative Public Law and International Law, a constitutional theory known as Ius Constitutionale Commune in Latin America was developed, which allows arbitrators so submit to human rights, as well as to make decisions based on human rights courts v. g. Inter-American court of Human Rights.

Translated title of the contributionThe guarantee of desca through judicial and arbitration dialogue
Original languageSpanish
JournalACDI Anuario Colombiano de Derecho Internacional
Volume13
DOIs
StatePublished - 2020
Externally publishedYes

All Science Journal Classification (ASJC) codes

  • Law

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