Graduate School of Law

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UEES promotes a culture of legality in Ecuador

As part of the campaign «Education in the Culture of Legality», the Universidad Espíritu Santo (UEES) in collaboration with the Ministry of Government, the National Court of Justice, the Judiciary Council and the Mayor's Office of Samborondón, organized the forum «Building a Culture of Legality in Ecuador: A task for all». The...
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Richard Albert, international constitutional expert, presented his book Constitutional Reforms.

The world reference on constitutional law, Richard Albert, visited the Universidad Espiritu Santo to present his book Constitutional Reforms: Making, Breaking and Changing Constitutions. The expert in jurisprudence is a professor in Law at William Stamps Farish, director of Constitutional Studies at the University of Texas and professor of the Master in Constitutional Law...
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Dr. Leonidas Villagran, LL.M.

History of Maritime Law in Ecuador

The development of maritime law in Ecuador is divided into three virtual stages. The first stage constituted the application of the law coming from the times of the Spanish conquest in which the Bilbao Ordinances of 1737 were mainly applied and which continued in force after the independence process according to the Constitution of Cúcuta of...
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Attorney General's Office and Espiritu Santo University present the book “Criminal Procedural Law: Evidentiary Aspects”.”

On the afternoon of April 28, the presentation of the book “Derecho Procesal Penal: Aspectos Probatorios” (Criminal Procedure Law: Evidentiary Aspects) took place in an event organized by the Attorney General's Office (FGE) and the Universidad Espíritu Santo (UEES). On behalf of the FGE, Beatriz Rodriguez, national director of Criminal Studies of the FGE, participated in the event....
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Dra. Claudia Storini Ph.D.

Ideology, method and limits of constitutional interpretation

The first part of this paper is devoted to explaining the reasons why the legitimacy of the definition of the Constitutional Court as a “permanent constituent” can only rest on the existence of a theory of interpretation developed by this same body. To this end, an attempt will be made to show that the mutations of the functions attributed to the Constitutional...
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Carlos Bernal Pulido

Three challenges to the legitimacy of the Inter-American Human Rights System

This article conducts an analysis of three relevant challenges to the legitimacy of the Inter-American Human Rights System. They refer to inter-American standards, respect for due process, and the nature and proportionality of reparation measures. The analysis includes both a diagnosis of each of the three challenges and a...
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María de los Ángeles Arias Murrieta

Is international investment arbitration constitutionally prohibited in Ecuador?

The prohibition to submit to international arbitration in case of disputes arising from the subscription of international instruments generates an environment of instability for foreign companies wishing to invest in Ecuador. This article addresses the problem in relation to the interpretation and application of article 422 of the Constitution of Ecuador.....
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Dra. Pamela Aguirre Castro

Presentation of JUEES Magazine

JUEES Journal was born in 2020 with the purpose of promoting scientific research in the Ecuadorian legal field. This project originates from the initiative and mystique of the highest authorities of the Universidad Espíritu Santo del Ecuador (UEES), its chancellor Carlos Ortega Maldonado and its rector Joaquín Hernández. Project that...
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Dr. Pablo Alarcón Peña

Recourse to Comparative Law

Comparative law has been a branch of law that has been little studied in the regional and particularly in the Ecuadorian context. Based on this hypothesis, this analysis seeks to rethink the importance, functions and goals of comparative law in our societies. Based on the analysis of the traditional comparative model, the need for a new method of comparative...
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Dr. Andrés Martínez Moscoso

The Right to a Healthy Environment in Advisory Opinion OC-23/17

The American continent is one of the privileged territories in terms of biodiversity and natural resources, which are threatened due to their exploitation and management without a vision of sustainability. In the case of the Republic of Colombia, the Greater Caribbean region is undergoing a degradation of its marine environment due to the exploitation and...
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Dra. Daniela Erazo Galarza

Jurisprudential development of the rights of priority attention groups

The purpose of this article is to analyze the importance of the protection of priority groups by the constitutional justice system, based on the identification of the main decisions issued by the Constitutional Court of Ecuador. In order to achieve this purpose, this paper begins by presenting a historical review of the development...
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Dr. Santiago Velázquez

State of Rights?

The article unravels what the State of Rights seeks and means, for which it reviews the conceptualization of the State, its purposes, elements and some of its forms. From the construction of the notion of the State of Rights, it analyzes the consequences that its implementation generates, concluding that the State...
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Paolo Comanducci

Abuse of law and legal interpretation

Abstract: The essay presents and criticizes, in general, Atienza and Ruiz Manero's theory of atypical torts. It then questions, more specifically, the normative theory that Atienza and Ruiz Manero have delineated on the abuse of law. The author bases his criticisms on a skeptical theory of the...
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Flavio Arosemena Burbano

Legal alternatives to protect the image of individuals in the face of the communication revolution

The current communication revolution brought about by smartphones and social networks has exponentially multiplied the use of photographs and videos of people, making image rights more important than ever. Legal alternatives for protection include privacy and publicity rights, copyright, trademark law, special regulation and possibly a new type of protection....
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