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Freedom Of Movement Under The Framework Of Regional Integration Processes In South America, Marco A. Velásquez-Ruiz
Freedom Of Movement Under The Framework Of Regional Integration Processes In South America, Marco A. Velásquez-Ruiz
Marco A. Velásquez-Ruiz
This Study addresses the question on whether the migratory phenomenon –considering with special attention the admission of non-nationals– might be regulated under the framework of regional integration processes, using the case of South America as an instance proclive to show how international law can be complemented and adapted to a specific context. It firstly elaborates a theoretical argument on the need to re-lecture the sovereign paradigm –according to which States have exclusive and excluding capacity to regulate the issue– so as to utilize cooperative schemes to develop a comprehensive legal framework provided the identification of migration as a common interest. …
In The Name Of International Peace And Security: Reflections On The United Nations Security Council's Legilative Action, Marco A. Velásquez-Ruiz
In The Name Of International Peace And Security: Reflections On The United Nations Security Council's Legilative Action, Marco A. Velásquez-Ruiz
Marco A. Velásquez-Ruiz
This article seeks to illustrate how the United Nation´s Security Council is entailing a sort of hegemonic capability to act as a legislator, having as a premise the absence of such figure under international law, provided the apparent structure and dynamics of the Law of Nations. Thus, basing its actions on the UN Charter´s mandate to maintain international peace and security, the Council has adopted such kind of measures on the fight against terrorism ‑through Resolutions 1373 (2001) and 1540 (2004). The effects of the Council´s action are analyzed through two yardsticks; legality vis-à-vis the UN Charter and other relevant …