En Letra

39-68

Authors: Monti, Ezequiel

In this article I will try to analyse article 19 of the Argentinian Constitution, and I will organize the arguments in the following way. First of all, I will take into account the formal structure of the article. Secondly, I will argue that its purpose is to establish which reasons are constitutionally admissible to justify punishment for a conduct. Thirdly, I will summarize a set of principles which specify reasons to punish and I will assert that Article 19 just admits four of them. Lastly, I will set out the scope of these principles. My interpretation of Article 19 is based on a liberal theory of society and state and, in particular, on the complimentary principles of state neutrality and autonomy.

91-110

Authors: Muñoz, Lorena, Andriola, Karina, Barriviera, Natalia, Martín, María

This essay emphasizes the importance of the entitlement to a house as a guarantee for the secure tenancy of the land, impeding the disturbance of its use by the family group. In this direction, the constitutional reception of the right to an adequate housing and the normative hierarchy of this human right following the incorporation of international treaties into our local legal system is analyzed. Afterwards, the importance of the entitlement to a house is considered – and finally, this essay focuses on the significance of the public policies that the State - in its three levels - may implement on the matter of real property rights and property titles regularization; and also incites the juridical operators to perform accordingly.

142-161

Authors: Dvoskin, Brenda

This is a comment on Burwell v. Hobby Lobby Stores, Inc. argued in front of the Supreme Court of the United States in 2014. The Affordable Care Act requires that corporations pay for health insurance, including coverage of contraceptives, for their employees. Hobby Lobby’s stockholders believe that this mandate violates their freedom to practice religion. The author argues that even though corporations should be allowed to bring claims based on the Exercise Clause, religious freedom should only protect actions that do not harm third parties, such as Hobby Lobby’s employees, who would be harmed if they were denied a benefit to which they are entitled.

181-195

Authors: Godio, Leopoldo

Thanks to the use of enhanced methods of satellite imagery, several judicial processes might be aided in the way they resolve disputes. This paper looks into the challenges courts face in terms of accepting satellite imagery as evidence of fact while asserting that its correct corroboration and professional interpretation might be a way forward to include satellite imagery as non-tampered evidence. In doing so, the author explores how satellite images are used in the judicial process in Argentina and other countries including, among others, Chile, Colombia and Germany.

219-235

Authors: Galindo Roldán, Juan

Political and economic affairs between the Republic of Chile and the Republic of Peru are marked by more shadows than lights. However, in the last years, Peruvians and Chileans have approached their positions. Thus, when the International Court of Justice faced the maritime dispute issue sued by Peru in 2008, it found a status quo nearly unprecedented in the relationship between these states. In addition, during the course of the process, Colombia had denounced the Pact of Bogota and breached the sentence of the UN Court concerning a territorial and maritime dispute against Nicaragua. Concerned by this situation, the court developed its arguments in order to avoid the collapse of the weak regional equilibrium. As a consequence, the sentence of the last January 27th resulted in a pragmatic and equitable solution that, despite its argumentative weaknesses, reached its goal, considering what occurred in the subsequent months.