EDITORIAL
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EDITORIAL The implementation of international legal standards in the face of war and economic uncertainty |
Novum Jus, a journal of legal sociology at its essence, strives to introduce relevant contributions to the legal field by exposing the difficulties that might occur when applying the law in a societal context. The study of the relationship between the law and its effects on society has evidenced how numerous variables of a social, economic, political, or cultural nature affect the way in which it operates—or not. Recognizing that mere normative changes are not enough to bring about meaningful change poses the question of what is necessary to achieve real change that benefits society as a whole.
Professional and academic discussions on human rights and international humanitarian law are common among Colombian scholars, as Colombia has undergone an armed conflict of a non-international nature—as defined by Common Article 3 of the Geneva Conventions—for the last 60 years. In this sense, it is challenging to study armed conflict and its effects from the perspective of other nations. Until recently, socio-legal professionals had to immerse themselves in self-study and self-critique to develop a better understanding of the international realities of armed conflict.
Working through effective mechanisms to protect human rights is a recent but necessary phenomenon with clear implications for the enjoyment of these rights and freedoms. Legal discussions have so far focused on normative changes rather than actual transformation. Nevertheless, a growing consensus is emerging among scholars worldwide that focus on the effects of legislative changes on improving people's lives. As a result, the focus of legal research is likely to shift, to a considerable extent, from status questions to real-time questions.
As with any respectable legal publication, the editorial board of Novum Jus has been working on this issue well before its publication. In early 2022, we held a meeting with academics from Ukraine, who had been working tirelessly to establish legal
standards in accordance with international human rights law and international humanitarian law. Since February of 2022, this emerging democratic nation has been the victim of a systematic attack by the Russian government and military, which has lasted for two months at the time of writing this editorial.
At this time, the Kremlin has forged an all-out war against Ukraine, intending to take the capital, Kyiv, and oust President Volodymyr Zelensky. These efforts have been thwarted by the bravery and strength of Ukrainian citizens. Today, Kyiv remains squarely in the hands of Ukraine's government, as do other cities, such as Kharkhiv and Mariupol, despite Russian President Putin's attempts to erase them from existence. Ukrainians have maintained their courage and resolve in the face of existential peril.
The articles included in this issue feature an incredible geographical and academic diversity. The article "El derecho es puro cuento" El análisis crítico de la sociología jurídica", written by our Editor-in-Chief, analyzes the scope of legal sociology and presents a comprehensive, harmonious, and coherent theoretical model encompassing macro- and micro-sociological theories in a single perspective of analysis, enhancing the possibilities of describing and interpreting phenomena related to social structures and social actions. This question is approached from a legal, social, and political perspective throughout this issue, considering the current war in Europe, among other factors.
A special mention should be made of our Ukrainian authors, who have written, edited, and worked tirelessly through this process, all this while in the middle of unprecedented aggression that has killed thousands and continues to ravage their country as we type this. Their articles focus on maintaining victims' rights in the criminal justice system and the role of international organizations in preserving international humanitarian law in the light of the Russian invasion.
Other articles—"El fenómeno del acaparamiento global de tierras: análisis desde la óptica de su impacto en los derechos humanos", "'Igualdad de género' o 'equidad de género' como derecho humano: un análisis del camino de Colombia frente a los retos de la Agenda 2030" y "Demeaning face of politics and bureaucracy in labor movement in Kenya: quest for an effective labor law"—focus on the everyday dilemmas faced by human rights scholars when encountering that there exists a legislative framework, but its implementation is completely lacking. The geographical diversity of the authors analyzing these issues is enough to conclude that this
phenomenon is not specific to a particular area of the world but to most emerging nations. The article "Justicia convencional: cumplimiento de sentencias de la CIDH, mandatos y perspectivas 2008-2020" approaches this dilemma from the perspective of international enforcement, by analyzing recent case-law by the Inter-American Court of Human Rights and its implementation by national governments.
Criminal law and the study of criminal institutions are also a prominent topic in this issue of Novum Jus. Domestic violence and its implications are discussed in the article "Implicaciones penales del delito de violencia intrafamiliar: estudio político criminal de la Ley 1959 de 2019". Organized crime—specifically, the effect of the Colombian peace accords—is analyzed in the article "Crimen organizado y derechos humanos en Colombia: enfoques en el marco de la implementación del Acuerdo de paz con las FARC-EP".
Novum Jus remains committed to presenting original research articles that address the current realities of the world outside of epistemological and legal limits. This issue confirms this commitment by contributing research and voices from across the globe—from war-torn nations like Ukraine to emerging economies such as Colombia and Kenya.
Laura C. Gamarra-Amaya
Executive Editor