Law Commons^™

The Fax As Valid Evidence In Argentine Law, Felipe Eduardo Zabalza, Leandro Javier Caputo

Felipe Eduardo Zabalza

Under Argentine law, the facsimile transmission (fax) is not acceptable under certain circumstances. A recent decision in “Flowtex France S.R.L. v. Flowtex Servicios Urbanos S.A.”, handed down by the National Court of Appeals on Commercial Matters, Chamber A, stated that “a simple photocopy of a fax is not enough proof of the existence of a loan contract”.

As background to this matter, the Argentine court ruled in an international case regarding a loan made by a French company to an Argentine company, with particular consideration of the facsimile as valid evidence in commercial proceedings.

Arbitration In Argentina - The Judicial Court’S Review On The Arbitration Awards, Felipe Eduardo Zabalza, Leandro Javier Caputo

Felipe Eduardo Zabalza

The nullity recourse against an arbitration award is not aimed at challenging alleged errors in iudicandum, nor is it possible to use it to obtain elliptically a judicial revision of an adverse award, since that would imply the degeneration of arbitration, depriving it of one of its most precious benefits.

A decision in re Decathlon España S.A. vs. Bertone, Luis, handed down by the National Court of Appeals on Commercial Matters, Chamber D, stated that “the higher or lesser amount of said control depends on the same will which gave rise to arbitration: it will be of a maximum extension …

Regulatory Marketing Approval For Pharmaceuticals As A Non-Tariff Barrier To Trade: Analysis Under The Wto's Agreement On Technical Barriers To Trade, Mary Hess Eliason

San Diego International Law Journal

At a fundamental level, pharmaceuticals serve two roles: both as a cure for disease and as a product. As a cure for disease, a drug's value cannot be quantified because it saves lives. As a product, profit analysis shapes every step of a drug's progression to market. In least developed nations the barriers to drug access are not solely economic. National regulatory systems for market approval are being used to prevent external pharmaceutical manufacturers from participating in a national market. This article will address how the regulatory framework of pharmaceutical registration may serve as a barrier to trade in drugs, …

El Futuro Del Enjuiciamiento Penal Argentino, Horacio M. Lynch

Horacio M. LYNCH

Advierte las consecuencias negativas del fallo Casal de la Corte Suprema sobre el sistema penal argentino y formula propuestas.

Judicial Independence And The Rule Of Law: Lessons From Post-Menem Argentina, Christopher J. Walker

Christopher J. Walker

Argentina, like much of Latin America, has historically been plagued by what some call delegative democracy or a democracy without any developed rule of law. However, the Kirchner Administration has brought a glimmer of hope to the twentieth-first-century Argentine democracy. President Néstor Kirchner was elected in 2003, after what was probably the most serious institutional, financial, and economic crisis in Argentina in recent times. When elected, Kirchner promised to address the perceived lack of independence of the Supreme Court and to restore the rule of law. This paper explains why Kirchner's efforts, without more, will not be enough to (re-)build …

Beyond Invisibility: Afro-Argentines In Their Nation's Culture And Memory, Robert J. Cottrol

GW Law Faculty Publications & Other Works

This essay examines recent works on the history and culture of Afro-Argentines. It discusses why the study of Afro-Argentines has traditionally been an underexamined topic by scholars specializing in Argentina and why there has been a recent renewal of interest in the topic. Essay explores influence of Africans and Afro-Argentines on Argentine culture and the question of the so-called disappearance of the Afro-Argentines.