En Letra

23-46 (vol. 2)

Authors: Daniel DiSalvo

This article examines the relation between public employee unions and the capacity of local and state governments to execute public policy. It presents a case study on the resistance opposed by the United Federation of Teachers against the implementation of education policies in public schools of New York City that could affect their sectorial interests. Finally, it explains the way in which this complex political situation leads to a deterioration of the quality of education that, in turn, affects students.

47-92 (Vol. 2)

Authors: Alejandro E. COTO y Nicolás MONCAUT

In the context of The Brady Plan, the Argentine Republic executed in 1994 a Fiscal Agency Agreement contract for the issuance of external indebtedness bonds. Following its default in year 2001, Argentina began a external debt restructuring process in 2004/5 and another in 2010. Although its offers achieved a bondholder acceptation rate superior to the 90% of its total external debt, a group of creditors decided to hold out and demanded the full payment of its credits before the justice of New York. In the proceeding of its suits, one of the holdouts (NML Capital, Ltd.) required for the special and literal performance of the pari passu clause of the Fiscal Agency Agreement in order to suspend the payment of the restructured external debt — and accomplished its goal. This article analyzes different interpretations of the pari passu clause, including the one performed by the judge Thomas Poole Griesa in the case that was crowned as the Trial of the Century in sovereign debt restructurings.

86-82 (Vol. 1)

Authors: Federico Kierszenbaum

The redaction of the criminal offense of illicit enrichment, as expressed in section 286 (2) of the Argentine Penal Code, presents several constitutional and interpretational issues. The Argentine Penal Code Draft Bill (currently under debate) maintains its general structure, although it adds some other elements that could lead to additional substantive issues.

110-130 (Vol. 2)

Authors: Carla M. CANNIZZARO & Jorge R. AFARIAN

Beginning with an analysis of freedom of association as a fundamental human right, the article will propose new mechanisms of integral reparation in cases of crimes against humanity in which labour rights are violated. A special emphasis will be put on corporate complicity in Human Rights abuses through the lens of new national and international tendencies which propose a compensation based not only on the satisfaction of the rights of the direct victims of the crime, but also on the right to integral reparations for the society as a whole through novel and exemplary means of restitution

131-150 (Vol. 2)

Authors: Davide GANDOLFI

This paper articulates the strategic goals that propelled Russian military intervention in the Crimean peninsula and eastern Ukraine, as well as their implications for international security. It argues that Russian military intervention proceeds from the intention of the Putin administration to recover the geopolitical assets lost by Russia upon the disintegration of the Soviet Union. Such a desire has become a core tenet of Russian grand strategy under the Putin administration, and represents a clear threat to the territorial integrity of all former Soviet countries. Finally, this paper characterizes the military confrontation in Ukraine as having reached a unstable equilibrium, as Russia has essentially failed to accomplish its strategic objectives in Ukraine. As a result, it predicts a further escalation of the conflict to be very likely.

151-170 (Vol. 2)

Authors: Alison FLEMING

Tracking the parallel negotiations of a new climate change agreement and the post-2015 development agenda, highlights the pervading dominance of a neo-liberal approach of economic growth for poverty alleviation. However, climate scientists are certain that greenhouse gas emissions should peak by 2020 and reach zero net emissions by 2100 if we are to avoid catastrophic climate change. This paper considers how the international climate change regime is working to find a means to negotiate a compromise between the push for economic growth and the need for a transition to low-carbon development. It considers the limitations of existing institutions, and argues that an integrated approach of collective action can enable the innovation and the creative solutions required to address such an unprecedented and complex challenge. This means multi-sectorial engagement with nonstate actors across a range of scales to encourage new knowledge and actions to be introduced into an otherwise gridlocked system.

171-217 (Vol. 2)

Authors: Soledad Ruiz de la Cuesta Fernández

International child abduction is a growing and worrying phenomenon. Beyond the judiciary mechanisms set by the International Law and the European Union for resolving the abduction cases, the laws also forsee the use of mediation as an alternative to the judiciary resolution of conflicts. It is true that the mediation offers numerous advantages for the parents and children involved in the abduction and, at the same time, offers a high level of compliance on the agreements reached regarding the situation of the abducted child. Nevertheless, the future of mediation in these cases and its consolidation as an efficient means for the resolution of conflicts remain directly related to the need of obtaining the best possible results upon the judiciary mechanisms set by the law. In this study the conditions that would contribute to a better context for mediation in the international child abduction cases are analyzed, especially in relation to the existent judiciary mechanisms.

195-225 (Vol. 1)

Authors: Agustín Carrara

In this article the author analyses how the federal criminal procedure reform will have an impact on the investigation and prosecution of economic crime and other complex criminal phenomena. In the first part of the paper, the current situation of the justice system regarding economic crime is briefly introduced, in order to show its inefficiency. After that, in the main section of the article, some of the primary changes that the reform will bring are addressed. It is explained why each one of these structural modifications is necessary, and how this will contribute to improve the performance of the justice system concerning this type of crimes. Then the leading role that the Office of the Prosecutor will perform in the new system is analysed. Finally, the author offers some insight on the current context and the perspectives for the future.