Law

El presente artículo analiza la técnica del fracking como una solución a la problemática que en materia hidrocarburos se había dado en las últimas dos décadas, y los impactos negativos que conlleva para la salud y el ambiente. Se plantea como solución la aplicación del principio de precaución que le permite al Estado actuar ante una situación de riesgo e incertidumbre. La metodología escogida fue de corte analítico-deductivo a partir de la normatividad vigente y de los postulados teóricos de algunos (...) autores que son referentes en la materia. Como resultados se presentan algunas reflexiones que invitan a considerar la aplicación de este principio, hasta tanto no se tengan estudios suficientes que garanticen que esta práctica preservará el ambiente y no afectará la salud humana. (shrink)

The proposition that “promises ought to be kept is one of the most important normative ideas or value judgements in our daily lives. But what about “illegal promises”? That is to say, what about promises that are, legally or morally speaking, malum in se or inherently wrongful, such as voluntary exchanges that are inherently immoral or wrongful, like bribes, blackmail, murder, etc.? In short, what moral obligations, if any, do such promises impose? Although many of the greatest thinkers in Western (...) civilization have offered a wide variety of theories to explain the source of promissory obligations, it turns out there is a blind spot in this centuries-old conversation, for few theorists have given the problem of illegal or immoral promises any sustained thought. Nevertheless, illegal or immoral promises should be of theoretical interest to us because such promises may help us delimit the outer boundaries of promissory obligations. (shrink)

The article presents a critical reassessment of the legal philosophical writings of Ronald Dworkin. Relying in part upon the author’s previous argument that law is – contra the recent near-consensus – best understood as “the command of the sovereign, backed by force,” the author identifies fundamental difficulties, and ultimately incoherency, in Dworkin’s work.

A second look at a global ethics forum of several years ago can be a good start for examination of ethics of countries we deal with today. This global ethics forum had been financed by the United Kingdom’s DFID, The World Bank, USAID and AusAid to enable delegates from seventy countries to meet and discuss ethics policies.

This article argues that law is an inherently modernist normative practice. Constructing a vision of Modernism which is at once an epistemology and an attitudinal disposition to doubt and make anew our assumptions about the world, the authors demonstrate that legal practice encounters the world through individual cases, ‘examples’. Through these examples the law is capable of both interacting with and comprehending that world, while also being forced to question the law’s own precepts and their application. In this manner, the (...) law’s generalisations and abstractions become concrete, and can indeed be upended, through fleeting, impressionistic and highly case-specific examples. This exemplarity within law explains how law is able to navigate its apparently contradictory aspirations and natures which have bedevilled legal philosophy for millennia. In reality, law exists within a series of polarities, rather than contradictions, which are navigated through the law’s encounters with examples from the extra-legal world. The authors conclude that this aspect of the law’s nature also has practical consequences, requiring the law to maintain the fora in which new and novel cases are heard, and through which law’s modernist spirit can thrive. (shrink)

Responding to recent calls made within UK Parliament for a government-backed definition of Islamophobia, this article considers the unanticipated consequences of such proposals. I argue that, considered in the context of related efforts to regulate hate speech, the formulation and implementation of a government-sponsored definition will generate unforeseen harms for the Muslim community. To the extent that such a definition will fail to address the government’s role in propagating Islamophobia through ill-considered legislation that conflates Islamist discourse with hate speech, the (...) concept of a government-backed definition of Islamophobia appears hypocritical and untenable. Alongside opposing government attempts to define Islamophobia (and Islam), I argue that advocacy efforts should instead focus on disambiguating government counter-terrorism initiatives from the government management of controversies within Islam. Instead of repeating the mistakes of the governmental adoption of the IHRA definition of antisemitism by promoting a new definition of Islamophobia, we ought to learn from the errors that were made. We should resist the gratuitous securitization of Muslim communities, rather than use such definitions to normalize compliance with the surveillance state. (shrink)

Law is ‘sovereign’, it has been said. Since the poet Pindar expressed this fulminating thought in the 6th century B.C., the whole western tradition, from Aristotle to Cicero, from Heidegger to Schmitt, hasn’t stopped raising questions about the ambivalent relationship connecting law, strength and violence...

Brian Z. Tamanaha has written extensively on realism in jurisprudence, but in his Realistic Theory of Law (2018), he uses "realism" in a commonplace way to ground a rough outline of legal history. While he refers to his method as genealogical, he does not acknowledge the complex tensions in the development of the philosophical use of that term from Nietzsche to Foucault, and the complex epistemological issues that separate them. While the book makes many interesting points, the methodological concerns outweigh (...) them in the overall assessment of the value of the work. (shrink)

‘Crime is a prohibited act from which results in more evil than good’ is how Jeremy Bentham described crime. ‘Crime is a serious anti-social action to which the State reacts consciously by inflicting pain’, is how W.A.Bonger describes crime. Morality and its lack thereof are related to crime. Morality is so closely interwoven with social conduct and immorality interwoven with criminal conduct that it is desirable to investigate this matter further and so this shorter version of a paper by Sally (...) Ramage is the vehicle by which to look further into this issue of moral crime which notion is based on accepted moral code and common sense. We need to urgently study moral crime if we are to arrest the current moral decline in society and restore integrity and trust to the human race. In this example we see that maturity does not mellow the human psyche as modern criminal law states. It was Sir Norwood East who stated that ‘acquisitiveness, aggressiveness and sexuality are often closely associated but the maturity which changes criminality is never going to be present until one is conscious of one’s own maturity by beginning to live in that consciousness’. Social conduct must be cultivated. Crucially, sociologists argue that social conduct may vary with time and place. However, the case of maturity is different when considering those in formative early life and also in declining periods of life. It must be cultivated. It does not happen automatically with age and some people can never change since their greed, selfishness and criminal inclinations remain steadfast. To these types, there is no resilience learnt because resilience is characteristic of the formative period of life when the disappointments of today are counterbalanced by the anticipations of tomorrow. (shrink)

This article explores the many offences (e.g. noise pollution, unlicensed performances, and Health and Safety offences) that may be committed by personnel in the music industry and their employers. It also explores the many breaches of Intellectual Property law that may be committed by others against the musician’s rights.

ABSTRACT Although there is much to commend in Sarch's Criminally Ignorant: Why the Law Pretends We Know What We Don't, in this piece, I invite Sarch to expand on his analysis by considering how English doctrine diverges from the US doctrine he takes as foundational, and raise some doubts by putting pressure on the theory of culpability that motivates his views on how ignorance supplies culpability. In particular, I question his defence of a motive-insensitive theory of culpability, set out some (...) worries with Sarch's strategy of running theories of inculpation and exculpation together, and suggest that he prematurely rejects motive-based explanations of why a person who is wilfully ignorant of an inculpatory proposition when performing the actus reus of a crime is as culpable as another who does the same thing with the requisite knowledge. (shrink)

If whatever counts as merit for some purpose is unevenly distributed, a decision procedure that accurately sorts people on that basis will “pick up” and reproduce the pre-existing pattern in ways that more random, less merit-tracking procedures would not. This dynamic is an important cause for concern about the use of predictive models to allocate goods and opportunities. In this article, I distinguish two different objections that give voice to that concern in different ways. First, decision procedures may contribute to (...) future social injustice and other social ills by sustaining or aggravating patterns that undermine equality of status and opportunity. Second, the same decision procedures may wrong particular individuals by compounding prior injustices that explain those persons’ predicted or actual characteristics. I argue for the importance of the first idea and raise doubts about the second. In normative assessments and legal regulation of algorithmic decisionmaking, as in our thinking about anti-discrimination norms more broadly, a central concern ought to be the prospect of entrenching harmful and unjust patterns—quite apart from any personal wrong done to the individuals about whom predictions are made. (shrink)

The rapid advancement of artificial intelligence systems has generated a means whereby assistive bionic prosthetics can become both more effective and practical for the patients who rely upon the use of such machines in their daily lives. However, de lege lata remains relatively unspoken as to the legal status of patients whose devices contain self-learning CIS that can interface directly with the peripheral nervous system. As a means to reconcile for this lack of legal foresight, this article approaches the topic (...) of CIS-nervous system interaction and the impacts it may have on the legal definition of “persons” under the law. While other literature of this nature centres upon notions of transhumanism or self-enhancement, the approach herein approached is designed to focus solely upon the legal nature of independent CIS actions when operating alongside human subjects. To this end, it is hoped that further discussion on the topic can be garnered outside of transhumanist discourse to expedite legal consideration for how these emerging relationships ought to be received by law-generating bodies internationally. (shrink)

Using real-life examples, this book asks readers to reflect on how we—as an academic community—think and talk about race and racial identity in twenty-first century America. One of these examples, Rachel Doležal, provides a springboard for an examination of the state of our discourse around changeable racial identity and the potential for “transracialism.” An analysis of how we are theorizing transracial identity (as opposed to an argument for/against it), this study detects some omissions and problems that are becoming evident as (...) we establish transracial theory and suggests ways to further develop our thinking and avoid missteps. Intended for academics and thinkers familiar with conversations about identity and/or race, Rethinking Rachel Doležal and Transracial Theory helps shape the theorization of “transracialism” in its formative stages. -/- Part I: The Current State of (Trans)racial Discourse The first half begins with five puzzle cases, all based on specific historical figures. Each case poses the problem of someone not being readily “black” or “white” (or “mixed”). The chapter asks readers to think about their assumptions and how/why they might classify any of the puzzle cases racially. Then, with those assumptions and classification processes in mind, Part I outlines particular challenges we face—conceptually, linguistically, politically, and theoretically—as we try to adapt the messy practice of race in the U.S. to a new effort to theorize potential transracial identity. The concerns this half addresses include: how Doležal’s case might be understood alongside the identities of other racial nonconformists; what we think “black identity” consists of and how our language and concepts for race need to be clarified; whether ancestry and phenotype should continue to dominate our discourse; the relevance of political orientation and action to racial identity; and the implications of motive and intention for racial identity. Ultimately, Part I argues that we need to improve the way we are thinking and talking about transraciality in the Doležal era. -/- Part II: Pathways for Further Developing (Trans)racial Discourse Where Part I uses the case of Rachel Doležal and other real-life examples to critique the strains of our existing scholarly discourse on the topic of transraciality, Part II offers broader discussion about some of the ideas that are at play and/or need to be more adequately addressed going forward. Part II outlines some of the problems that I anticipate will trip up the discourse going forward and argues that there are particular ways we (as academics) might navigate them responsibly. My intention here is to identify and explore some of the areas we could strengthen or pay more attention to in an effort to help steer our critical exploration of transraciality in productive directions as the conversation progresses in the future. The concerns raised in Part II include: the linguistic and conceptual problems of “passing”; the very real dangers of conservatism dominating our theorization of transracial identity; the complexities of identity in terms of individual and collective identity and how the process of self-identification affects them; the sensitive and controversial issue of transgender theory (as it relates to transracial theory); and the neglected area of ideal/non-ideal philosophy. Ultimately, Part II argues that we need to avoid significant and harmful mistakes as we decide how to go about theorizing transracial identity and articulates responsible ways we can move forward. (shrink)

Although most Asian states are signatories to UNCLOS, which offers options for dispute resolution by either voluntary or compulsory processes, in reality fewer than a dozen Asian states have taken advantage of such an approach. The decision to adopt third-party mechanisms comes under great scrutiny and deliberation, not least because of the entailing legal procedures and the politically sensitive nature of disputes. Vietnam claims the second-largest maritime area in the South China Sea dispute after China. A comparison of two recent (...) cases—the arbitration between the Philippines and China and the conciliation between Timor-Leste and Australia—highlights the importance of selecting between binding and nonbinding decisions and framing a complaint. In particular, any legal action under UNCLOS should specify China’s claims and actions in areas that encroach on Vietnam’s claimed exclusive economic zone (EEZ) and violate international law. (shrink)

In this Correspondence, I argue that given that scarcity has existed both for critical care resources and for vaccines, allocating critical care resources to prioritize the prevention of early COVID-19 deaths (i.e. COVID-19 deaths among younger patients) could valuably counterbalance the disproportionate exclusion of minority patients and those with life shortening disabilities that age-based vaccine allocation produces. -/- Covid-19 deaths early in life have overwhelmingly befallen minorities and people with life-shortening disabilities. Policies preventing early deaths prevent an outcome widely recognized (...) as worse—dying earlier in one’s life rather than later—while counteracting intersecting forms of injustice. Ultimately, prohibiting the use of age as a tiebreaker in critical care allocation, as Brown et al. propose, will worsen disparities and is not mandated by law. (shrink)

Recently, the practice of deciding legal cases on purely statistical evidence has been widely criticised. Many feel uncomfortable with finding someone guilty on the basis of bare probabilities, even though the chance of error might be stupendously small. This is an important issue: with the rise of DNA profiling, courts are increasingly faced with purely statistical evidence. A prominent line of argument—endorsed by Blome-Tillmann 2017; Smith 2018; and Littlejohn 2018—rejects the use of such evidence by appealing to epistemic norms that (...) apply to individual inquirers. My aim in this paper is to rehabilitate purely statistical evidence by arguing that, given the broader aims of legal systems, there are scenarios in which relying on such evidence is appropriate. Along the way I explain why popular arguments appealing to individual epistemic norms to reject legal reliance on bare statistics are unconvincing, by showing that courts and individuals face different epistemic predicaments (in short, individuals can hedge when confronted with statistical evidence, whilst legal tribunals cannot). I also correct some misconceptions about legal practice that have found their way into the recent literature. (shrink)

Nowhere in the works of what is called Aristotle is there a discussion of anything named Natural Law. Everywhere in the works of what is called Aristotle there are discussions of principles and there are discussion of laws; separately. And for this reason: Nature abides by principles. Humans make laws. By nature, aggression is the principle. Since aggression impedes each particular person in the same way, a universal manner, this universal offense is the impetus for a prescription of any law (...) at all. Law was first prescribed to prohibit that natural aggression. Hence, there is no non-aggression principle. Aggression is the principle, non-aggression is the law. The purpose of good law is to protect and maintain this natural justice of equality before any law. Unjust laws are an attempt to establish some other sort of equality that is not universal. Seeing this distinction of principles and laws as separate makes clear what is right by nature and wrong by law. However, at some places in the works of what is called Aristotle there is a discussion of what may be named natural rights, political rights, and natural justice. The preceding paragraph is the application of Aristotle’s CATEGORIES, INTERPRETATION, ANALYTICS, TOPICS, and RHETORIC as the means of separating the true from the false. (shrink)

In its recent opinion in Intel v. Sulyma, the U.S. Supreme Court clarified what qualifies as the “actual knowledge” required to trigger ERISA’s three-year statutory period. The Court’s opinion, however, left open whether establishing “actual knowledge” by a plaintiff in one case serves to time-bar otherwise timely suits that challenge subsequent breaches of the same character. This article argues that, under the continuing fiduciary duty analysis that the Court set forth in Tibble v. Edison, such suits should not be deemed (...) untimely. (shrink)

This article addresses the fiduciary issues raised by the current practice of plan fiduciaries of not only disclaiming any fiduciary responsibility for brokerage window investments, but also abdicating any role (fiduciary or otherwise) in assessing even the general suitability of those investments for a retirement plan, and concludes that the practice is in plain and notorious violation of what ERISA requires of fiduciaries.

El capítulo parte por ubicar el contexto social y político en el que se enmarca el cambio constitucional de 1991 en Colombia, asimismo, sus antecedentes jurídicos-políticos, a fin de dar cuenta de las diversas estrategias utilizadas para su aprobación y desarrollo. Seguidamente, nos ocupamos de las discusiones que al interior de la ANC se dan sobre la salud, y la forma bajo la cual se configuran las políticas sociales bajo la nueva forma de Estado Social de Derecho, para presentar finalmente (...) algunos elementos de discusión. (shrink)

Este artigo visa fazer uma possível defesa ao abolicionismo penal com base nas análises durkheimianas acerca do Crime, expostas na obra As Regras do Método Sociológico, e nas confessas leituras que Nietzsche fez das escrituras cristãs, estabelecendo um paralelo entre si e Cristo. Desta maneira, a arguição se estruturará baseada no ponto relacional Nietzsche-Jesus sobre as análises sociológicas de Émile Durkheim. Para tal, apresentar-se-á quatro perspectivas, três do Novo Testamentos e uma do Velho Testamento, à fim de se expor pontos (...) que sustentariam, com esta metodologia, o abolicionismo. Conclui-se, então, que através de Nietzsche pode-se defender uma outra estrutura argumentativa possível neste embate contra a criminologia moderna. (shrink)

With the establishment of the World Trade Organization in 1995, the dispute settlement mechanism for international trade was greatly prepared unlike the old GATT system. It has a very different pattern from that of original GATT system. In our case, international trade is a matter of the future of nations, and in reality of the intense world economic competition, this system change may well be of concern to our government or legal experts. In this context, this paper examines the nature (...) and problems of the WTO appeal system under the premise of the rule of law, judicial prowess, and the role of a judge. The WTO dispute settlement mechanism is based on the domestic judicial system or other international judicial systems. In contrast to this, the comparative history is only short indeed, but according to the accumulation of future precedents, it is highly possible to provide a model for the achievement of the rule of law ideals in the international community. However, due to the inherent limitations of international agreement system, the reality of appellate body is not easy. In terms of the international trade and rule of law, the role of appellate body and judges is very broad. However, in this paper, we first look at the significance and nature of the launch of WTO and furthermore; 1) the rule of law and judicial system, 2) several issues related to the nature of WTO dispute settlement mechanism, 3) the importance of judge-made law and the scope and limitations of appellate jurisdiction, 4) issues of reference materials submitted by procedures outside the process, 5) the relationship between the appellate body and political authorities. Over the review, the penetrating thoughts will be focused on judicial activism. Those points of consideration will be discussed through the approach and method on the comparative legal studies and several significant WTO precedents. (shrink)

The text offers a comprehensive introduction to business law and the Jordanian legal system. The textbook provides for key concepts and terms, contract basics, corporate structures, legal aspects of buying and selling, common pitfalls, international business issues and more. The text is comprehensive, in that there are chapters that cover what one would expect a business law text to cover, including intellectual property, real property, insurance, and bankruptcy.

يهدف المقال إلى التطرق إلى بعض المشاكل التي تواجه الشركات العائلية في الدول العربية وتقديم المقترحات اللازمة بهذا الشأن.

Signing Ceremony of MOU on Professional Legal Diploma, Government of Dubai 2020.

Discerning the decisionmaking of Kim Jong-Un and the North Korean regime on issues of peaceful engagement and warlike actions endures as a mighty challenge for U.S. intelligence analysts and policymakers. In this report, we seek to inform analysis of Democratic People’s Republic of Korea (DPRK) leadership decisionmaking. To do so, we use three discussion papers that were written to facilitate discussion of an interagency working group. The three papers are assembled here in a single report. The first discussion paper describes (...) decisionmaking among different authoritarian regimes, including North Korea, and the opening up of those economies to outside engagement. The second paper outlines two different scenarios that might occur when conventional deterrence on the Korean Peninsula breaks down and the resulting decisions that North Korea’s leadership could face. The third paper assesses DPRK decisionmaking about nuclear weapon use. The report concludes with some observations, drawn from the issues covered in these three discussion papers, about DPRK decisionmaking and stability on the Korean Peninsula. (shrink)

Recent years have seen fresh impetus brought to debates about the proper role of statistical evidence in the law. Recent work largely centres on a set of puzzles known as the ‘proof paradox’. While these puzzles may initially seem academic, they have important ramifications for the law: raising key conceptual questions about legal proof, and practical questions about DNA evidence. This article introduces the proof paradox, why we should care about it, and new work attempting to resolve it.

A question, long discussed by legal scholars, has recently provoked a considerable amount of philosophical attention: ‘Is it ever appropriate to base a legal verdict on statistical evidence alone?’ Many philosophers who have considered this question reject legal reliance on bare statistics, even when the odds of error are extremely low. This paper develops a puzzle for the dominant theories concerning why we should eschew bare statistics. Namely, there seem to be compelling scenarios in which there are multiple sources of (...) incriminating statistical evidence. As we conjoin together different types of statistical evidence, it becomes increasingly incredible to suppose that a positive verdict would be impermissible. I suggest that none of the dominant views in the literature can easily accommodate such cases, and close by offering a diagnosis of my own. (shrink)

Along with the promulgation of 2008 Law on Anti-Corruption, thanking to the comprehensive solutions and determinations of the whole governmental apparatus, there are signals of a positive change in the fight against corruption in Vietnam’s market economy. However, compared to other countries around the world, the corruption in Vietnam is still a national problem. The number of corruption cases may decline, but the scale and severity has been increasing. Many cases has involved high-ranking officials in the government with more than (...) 20 general officers in the armed forces to be sentenced. On the basis of analysing the current situation of corruption in recent years, the author hereby recommends some synchronous solutions to improve the effectiveness of anti-corruption. (shrink)

Large-scale Social Limitation (hereinafter referred to as PSBB) is one form of concern. The government and local governments are Pendemic throughout Indonesia and the world, namely Pandemic Corona Virus Disease (Covid-19). Bogor Regency, which is one of the buffer cities of the Republic of Indonesia, is an area that is quite vulnerable in spreading the Corona virus. Why? because many DKI Jakarta employees / laborers live in Bogor Regency, whose mobility is very high. With the birth of Regent Regulation No. (...) 16 of 2020 concerning Implementation of Large- Scale Social Restrictions in Handling COVID-19 in order to conserve the use of Covid 19. The purpose of this study is to analyze the Implementation of Large Scale Social Limitation Policies in the Government of Bogor Regency. This research method uses Qualitative Methods with Literature Study research methods. (Huberman, Miles, 1994). The technique of inviting data is by searching Scientific Journals, Online Mass Media, Legislation and Books. The technique to determine Online Media by Pusposive, while for data analysis using Nvivo 12 Plus. Test the validity of the data by testing the data source. The results of the study show that the implementation of the Large-Scale Social Limitation Policy in the Bogor District Government has not yet proceeded, starting from the clash of authority between the Central Government and the Regional Government so that it cannot make improvements, and many more are in accordance with the provisions of Covid-19 and its distribution. Social assistance to the community. (shrink)

El presente texto constituye un esfuerzo por llevar a cabo un acercamiento teórico a una de las grandes cuestiones de la justicia global: la pobreza en el mundo. Para lograrlo, analizamos esta problemática desde distintas aproximaciones en las que se intenta reflejar las aspiraciones distributivas de la justicia global mediante tres visiones sobre la pobreza.

En el presente capítulo se formulan unos lineamientos teóricos de la innovación ambiental, como forma de concebir aquellas innovaciones que respondan a las expectativas de los dos sectores involucrados en este ámbito. Para lograr lo anterior, el autor se aproxima a la innovación como un proceso mediante el cual se satisfacen necesidades, más allá de introducir mejoras o solucionar problemas a situaciones de deterioro a ambiental o agotamiento de recursos naturales. Adicional a lo anterior, se analiza el concepto de valor (...) compartido que generan las innovaciones ambientales entre stakeholders y shareholders y, por último, se desarrollan las dos dimensiones a las que deben responder este tipo de innovaciones. (shrink)

En la generación de daños ambientales los derechos individuales y colectivos pueden verse vulnerados, cuando se trata de comunidades indígenas, tribales y afrocolombianas, por la forma en la que estas conciben la naturaleza y la íntima relación que existe entre el ambiente y sus planes de vida. Por lo tanto, ante la presencia de daños en el ambiente de estas comunidades puede generarse de forma desencadenante un daño cultural, porque estas poblaciones son las que pierden el escenario raigal y ancestral (...) en el que desarrollan sus prácticas de identidad cultural. Precisamente, en el presente texto se pretende discernir si ante la presencia de un conflicto ambiental en el Arroyo de San Basilio de Palenque, que a su vez es centro de las relaciones socioeconómicas, culturales y lúdicas de los miembros de esta comunidad, se logra desencadenar un daño cultural. (shrink)

Esta obra colectiva recopila textos sobre temas comunes a la teoría, gestión y el derecho ambiental; elaborados por académicos allegados a la Escuela de Derecho Ambiental de la Universidad del Rosario y nace del interés de rendir homenaje a la profesora Gloria Amparo Rodríguez, quien, con apoyo, generosidad y grandeza, ha contribuido a la construcción del Derecho ambiental en Colombia y América Latina. Al mismo tiempo, este libro da cuenta de los aportes de esta Escuela de Derecho Ambiental y propicia (...) un diálogo en temas relacionados con la protección del ambiente como interés jurídico superior. (shrink)

As a result of the doctoral research developed by the main author (Vargas-Chaves, 2017), it was identified the evolution and perspectives of the pharmaceutical patent in the international trade system, as well as it future legal research needs in this topic, both immediate and long-term. Furthermore, a number of problems of public health were highlighted in which the patent-term-extension mechanisms have produced a lack of access to medicines.

En este paper los autores realizan un análisis transversal de la innovación ambiental como estrategia social y ambientalmente responsable de las empresas. Para dar cuenta del valor compartido generado el texto se enmarca en el cambio tecnológico generalizado y las prácticas socialmente responsables para mitigar las emisiones de gases de efecto invernadero, y para coadyuvar a lo más vulnerables a adaptarse a los efectos del calentamiento global.

El presente libro busca aportar desde la academia algunas visiones sobre los debates vigentes de la donación y trasplante de órganos. Esto, por medio del estudio juicioso de la normatividad y la jurisprudencia, así como de la solución de controversias que no están legisladas y les corresponde a los administradores de justicia resolverlas. Asimismo, señala la necesidad de regular los aspectos aquí planteados que, por los vacíos normativos, dificultan la realización del procedimiento médico de trasplante y donación de órganos.