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Lectures on Transparency and Anti-Corruption at IABA Annual Conference held in Asuncion, Paraguay (June 2013)

The following are presentations given by three distinguished members of the Inter-American Bar Association during the Annual Conference of the IABA that took place in Asunción, Paraguay, on June 20-24, 2013. Dante Figueroa, then Secretary General of the IABA, acted as the moderator of the Panel.

Lavado de Dinero y Corrupción en Chile, by Arturo Alessandri Cohn (Spanish).

Lavagem De Capitais e Terrorismo No Brasil – Breve Análise – Breve Análise, by Flavio de Leão Bastos Pereira (Portuguese).

Lavado de Capitales y el Terrorismo en Brasil, Un Breve Análisis, by Flavio de Leão Bastos Pereira (Spanish).

Transparencia y Corrupción en Latinoamérica, by Juan Carlos Esquivel (Spanish).

 

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“Enforcement of International Arbitral Decisions in the U.S. and Latin America: Comparative Aspects”

Dante Figueroa gave the lecture titled “Aspectos Comparados en el Cumplimiento de las Decisiones Comerciales Arbitrales en los Estados Unidos y en Latinoamérica” [“Enforcement of International Arbitral Decisions in the U.S. and Latin America: Comparative Aspects”], at the Universidad Bernardo O’Higgins, Santiago, Chile, on June 15, 2010, an event sponsored by the Latin American Network of Law Schools (http://www.redlatinoamericanadederecho.com) (Santiago, Chile, ). The video of the presentation is available at:

http://www.youtube.com/watch?v=rKRftya44Wg

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Alexis de Tocqueville on the Social Position of Lawyers in American Democracy (1831)

In his famous book, Democracy in America (1831) (republished by The Modern Library, ed., NY, 1981), Vol. I, the young Frenchman Alexis de Tocqueville, wrote, among other topics, about the social and political position of lawyers in the American democratic experience. He had interesting insights that, probably, the more than 36,000 lawyers living in the Washington, D.C. area, would find worth reading. For example, he said that,

“Men who have made a special study of the laws derive from occupation certain habits of order, a taste for formalities, and a kind of instinctive regard for the regular connection of ideas, which naturally render them very hostile to the revolutionary spirit and the unreflecting passions of the multitude. (Tocqueville, op. cit., at 161)

For more of these percep...

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On the Origin of the Term: “International Law”: How Bentham Borrowed from the Spanish Iusnaturalists

A recent article shows the trajectory in the usage of the term “International Law” from the great Spanish Iusnaturalists, through the British pragmatist Jeremy Bentham, to our days. Thanks to Angel Alonso, from the University of Valladolid for bringing our attention to this interesting piece.

This is the link:

http://filosofia.org/ave/002/b038.htm#kn04

 

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Andres Bello and the Importance of Latin for Understanding the Law

Andrés Bello was perhaps the most cultured man that ever lived in the American continent. He famously wrote the Chilean Civil Code which, in turn, served as the model for a large number of Latin American countries. What is less known, is that he was a professor of Roman Law. Well enough, check this excerpts from one of his books in which he speaks about the importance of studying Latin for, among other purposes, understanding the Law.

Andres Bello (Latin & Roman Law, 1834)

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International Seminar in Costa Rica – the U.S. Political Question Doctrine and the Separation of Powers Doctrine

On March 28-29, 2012, the Supreme Court of Costa Rica will host an international seminar titled: “Separación de Poderes del Estado y la Doctrina de la Cuestión Política en los Estados Unidos de América” [“Separation of the Powers of Government and the U.S. Political Question Doctrine”]. The event will take place at the Multiuse Room of the Supreme Court of Justice.

See the Costa Rica seminar program and the guest speakers.

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Comparative Constitutional Law in Southern South America in the Context of MERCOSUR (Common Southern Market) Integration

The following is an article by guest author Lautaro Ramí́rez, titled “Estudio Comparado de las Normas Constitucionales que rigen los Poderes Ejecutivos de los Estados Miembros del Mercado Común del Sur (MERCOSUR), y su Incidencia en el Intergubernamentalismo del Proceso Integrador” [“Comparative Study of the Constitutional Provisions Regulating the Executive Branch of the Member States of the Common Southern Market (MERCOSUR), and their Influence over the Inter-Government Relationships of the Integration Process”]. This article was prepared in 2009 for the Instituto de Integración Latinoamericana [Latin American Integration Institute] of the Universidad Nacional de la Plata [National University of La Plata], Argentina...

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Reflections on Semi-Presidentialism in France and Possible Lessons for Latin America

The following are the minutes of the presentation titled, “Constitutional Law Attributions and Current Development, in Comparative Perspective” by Dante Figueroa at the “The Evolution of Latin American Presidentialism(s) in Comparative Perspective” Workshop held at the Georgetown University’s E. Walsh School of Foreign Service on November 14th, 2011. The presentation reviews the main aspects of the French Semi-Presidential constitutional system, and analyzes potential lessons from the French experience for an eventual re-formulation of Latin American constitutional structures.

Semi-Presidentialism presentation (Dante Figueroa)

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Chile – Law 20,544 Regulates the Tax Treatment of Derivative Instruments

Law 20,544, on the Tax Treatment of Derivative Instruments, was published on October 22, 2011 and entered into effect that same day. This Law applies to “Derivative Contracts,” and to the operations and instruments executed thereupon. Derivative Contracts are: forwards, futures, swaps and options, and any combination thereof; as well as those where the price is determined according to one or more variables; and in general also those contracts meeting the aforementioned requirement and when additionally such contracts: (i) do not demand an initial investment or when the investment is significantly inferior to that required for a direct investment in the respective underlying asset; and (ii) when the determination of the price is effectuated in a later date...

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Report of the Inter-American Bar Association on the Rule of Law in Nicaragua (June 2011)

In June 2011 the Inter-American Bar Association’s Constitutional Law Committee submitted a Report on the Rule of Law in Nicaragua, in light of the decision of the Supreme Court of Justice’s Constitutional Chamber striking down the constitutional prohibition over the sitting President of the Republic and other government officials to run for a second re-election. This report is copyrighted to the IABA.

Informe de la FIA sobre Estado de Derecho en Nicaragua (Junio 2011)

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