Novum Jus

We the People: Climate Litigation as a Paradigm Change for Human Rights Defenders

Lorena Sales Pallarés — 2025-09-02

The momentum with which climate litigation is reaching the courts demonstrates the importance of civil society and the organizations that represent them in the defence of human rights. At a time when climate change poses a (certain) risk to exercise basic human rights such as the right to health, water or life, civil organizations, but also anonymous citizens, are accompanying or leading major litigation against States or multinational companies. This change represents a turning point, as highlighted by cases such as those brought against Total, BNP Paribas or Switzerland. However, practice has also brought to light the major difficulties encountered, such as SLAPSS or judicial activism. Based on a review of the initial jurisprudential decisions, we will seek to address the question of whether a new form of protection is emerging for human rights defenders, or whether the law continues to fall short in providing an adequate response to these matters.

Guarantees of Non-Repetition and the Right to Education: International Experiences and the Case of Colombia

Walter Pérez-Niño — 2025-09-02

To achieve the overcoming of violence, state measures are required that address the structural causes of the conflict, implement reparations, and ensure that violent acts do not occur again. The satisfaction of social rights, such as education, plays a crucial role in this process. In this context, this paper studies the guarantees of non-repetition in the right to education, analyzing examples of transitional justice in several
countries and focusing on the measures adopted in Colombia. It is concluded that most experiences adopted "comprehensive educational guarantees" and "educational guarantees for victims". In Colombia, efforts are nuanced by guarantees of non-repetition in education that could be framed as an evolution from "educational guarantees for victims" to "comprehensive educational guarantees". Consequently, most experiences do not incorporate "transformative guarantees" or a debate on the process of commercialization of education that continues to generate violence.

The maximization or expansion of criminal law: is it modernizing or becoming more authoritarian?

Pablo Elías González Monguí — 2025-09-02

This paper addresses the expansion of criminal law, a phenomenon that emerged primarily as a counterpart to liberal criminal law, driven by those who sought to modify principles or reduce guarantees. Various names and rationales are used to justify the expansion and existence of various criminal laws, ranging from the criminal law of risk to the criminal law of the enemy. Some scholars propose maximizing the expansion of criminal law, under the assumption of modernization, to combat risks, undesirables, or enemies, by advancing punishment to the ideation of the crime or the threat of its execution. Others, taking an intermediate position, without renouncing the principles forged over more than two hundred years, consider that criminal law should evolve based on the rationale for changes, a position with which this conclusion is reached.

Human Rights and Clash of Civilizations, a Discussion Between Universalism and Cultural Relativism

José Juan Pichardo Trejo — 2025-09-02

Human rights have positioned themselves as a recurrent element in socio-legal studies, this is because their origin, and subsequent expansion, coincides with a historical period characterized by multiple conflicts, in which power structures were subjected to drastic changes. In its beginnings, human rights were conceived as a pillar of the new security architecture. However, their effectiveness is conditional on the strength of international institutions and their capacity for civilizational adaptation. This is where humanist international precepts are put to the test, mainly by political-civilizational criticisms of their suitability as instruments of global security, as well as their compatibility with the civilizational pluralism of the international community. The above allows us to contextualize the general purpose of this text, which is to analyze the discussion between two antagonistic ideological-law models (universalism and relativism) (with opposing perspectives on the foundation, content and scope of human rights) from the clash of civilizations. Consequently, the problem of this research lies in the historical development of the discussion between both visions, from the Universal Declaration to the international present. By congruence, as it is a basic and qualitative research, the methodology is historical-analytical, resorting to two methods during its development, descriptive and historical-analytical. The research techniques are of an indirect documentary type, consisting of the literary production (books and articles) of frontier authors. Concerning the findings, the most relevant is the identification of stages of the international humanitarian discourse, highlighting two: first, the drafting of the Declaration where it was intended to harmonize civilizational elements with human rights, after which we can conclude that these do not arise as a civilizational imposition; second, the rise of international liberalism as a humanitarian discourse, this is where the hegemonic universalism that criticizes relativism emerges.

Trial by Jury and the Rational Conception of Evidence: Scales of Comparison and Ideology in Evidentiary Reasoning

Cesar Ramirez — 2025-09-02

Within the literature on evidentiary reasoning, there is a relevant debate regarding trial by jury. For those who support the rational conception of evidence, the conscience-based trial by jury implies adopting a subjectivist conception of evidence and a psychologistic view of the justification behind judicial decisions.
Therefore, if a legal system subscribes to the rationalist conception of evidence, it cannot adopt trial by jury, and those systems that have done so should abolish it. However, within this literature, little has been discussed about the alleged incompatibility between trial by jury and the rational conception of evidence. This position appears to be the hegemonic view within the field of evidentiary reasoning. Contrary to this thesis, this article critically analyzes the position that clams there is an incompatibility between trial by jury and the rational conception of evidence. To carry out this analysis, the article employs certain analytical frameworks from linguistic anthropology that helps understand and explain how semiotic and
ideological processes operate within the field of evidentiary reasoning. In order to conduct the proposed analysis, this article focuses on two relevant texts on evidentiary reasoning that address this issue. It concludes by arguing that characterizing the model of conceptions of evidence as one that is devoid of perspective, objective, neutral, and closed renders invisible the comparative and normative projects that are currently advancing.

Why Is a Linguistic Perspective Useful in the Study of Law? Notes on the Decision-Choice Process in Specific Cases

Jorge Enrique León Molina — 2025-09-02

This article proposes a formalization of the decision-making processes involved in legal controversies based
on the forms of interpretation of the judicial operator. It shows how such processes, both in easy and difficult
cases, contribute to the formation of both indeterminate legal opinions and possible worlds in the study
of law. Ultimately, it aims to present a logical alternative to the traditional form of legal dispute resolution,
grounded in syllogistic rules and bivalent structures.

International Legal Framework for Tokenized Fisheries Management

IKA RISWANTI Putranti — 2025-09-02

This article describes the adoption of tokenized fisheries management as a novel strategy for improving fisheries governance, combating fisheries crime, and promoting sustainable fishing practices. This framework attempts to develop a transparent, efficient, and responsible system for managing fishing quotas, catch documents, and certificates by means of blockchain-based technology and tokenization. The framework addresses critical legal concerns, regulatory processes, and stakeholder participation that are required for successful
implementation. The study looks at prior attempts to use technology for fisheries management as well as blockchain-based solutions used across various sectors. It examines existing legal frameworks and identifies legal gaps related to tokenization, as well as the limitations they impose on fisheries governance. Given that many national fisheries rules may not expressly accept digital tokens as genuine representations of fishing quotas or certificates, these may not be officially recognized. Consequently, it is critical to identify and analyse national and international fishery rules that may or may not expressly accept digital tokens in fisheries management. This paper also investigates the potential advantages and challenges of implementing such a system, as well as its role in protecting marine ecosystems. This study thoroughly examines the rules that govern this domain, explains the areas of legal application that remain challenging, and forecasts future developments.

Artificial Intelligence and the New Social Order: Challenges for Legal Teaching and Learning

Eric Eduardo Palma González — 2025-09-02

Based on documentary research approach and drawing on some proposals of the exploratory systematic reviews (ESR) methodology, this article—framed within the perspective of Legal Pedagogy—aims to contribute to the reflection on the use of artificial intelligence (AI) in the law classroom. First of all, it seems necessary to characterize AI as a socioeconomic and political phenomenon, establishing metatheoretical foundations that allow us to move beyond viewing its use merely in terms of benefits or threats. While that approach may be useful, it tends to relegate to the background the phenomenon of the emergence of a new social order currently underway. The main objective is to reflect on AI in the context of legal education, which is already under strain from developments within the information and knowledge society, information and communication technologies (ICT), and competency-based education—without losing sight of the fact that this is a phenomenon of social transformation in which problematic relationships arise concerning the development of research skills, cognitive freedom, equity, inclusion, bias-based discrimination, and educational justice.

Protesting without Fear to Build Community: Social Demonstrations in Pre- and Post-Conflict Settings

Carolina Blanco Alvarado — 2025-09-02

This article aims to determine, if events ocurred during a social protest could be repared in the Attention and Reparation of Victims System, due to the potential connection between the exercise of this right and the internal armed conflict. To achieve this, through a review of the literature as well as a doctrinal and jurisprudential analysis, the relationships between the armed conflict and social protest will be identified, and a set of possible cases will be proposed in which it is possible to access the system to repair events that occurred within the context of the protest.

Customary Law in Modern Legal Systems: Lessons from Indonesia and South Africa

Hendri Khuan — 2025-09-02

This normative legal research focuses on the role and integration of customary law within the constitutional frameworks of Indonesia and South Africa. The study aims to understand how customary law has evolved and is currently applied within these countries’ modern legal systems. It employs an analytical descriptive methodology to scrutinize the positive legal norms of customary law and its constitutional incorporation. The research reveals that customary law is a pivotal component in both nations. It serves as a foundational element of statehood and an integral part of the legal systems recognized by their constitutions. In Indonesia, the founding fathers acknowledged customary law as essential to the nation’s identity and diversity. This perspective was further entrenched during the reform era. Similarly, South Africa’s Constitution acknowledges and safeguards customary law, reflecting the Indigenous Peoples’ legal system based on their traditions and customs. However, the study identifies significant challenges in the practical application of customary law. These include conflicts with national positive law, difficulties resolving issues among Indigenous communities, and the complexities of integrating traditional and modern legal systems. These obstacles highlight the necessity for a careful and balanced approach in formulating and implementing regulations related to customary law within the broader context of contemporary law and constitutional provisions. The findings of this research provide essential insights for policymakers and scholars. It underscores the necessity of comprehending the complexities of applying customary law within diverse socio-legal contexts, such as those in Indonesia and South Africa. The study concludes that acknowledging and respecting the unique characteristics of customary law, while addressing its integration challenges, is crucial for its effective implementation in modern legal frameworks.

Gauging Justice in Outer Space Exploration and Use for All Countries

Arnanda Yusliwidaka — 2025-09-02

Outer space is characterized by a high technology, high cost, and high risk status. This means not all countries are capable of exploring and using outer space. Nowadays, only technologically developed countries are capable of going on missions and exploiting outer space. A variety of activities have been carried out in space, including commercialization by developed countries. This indicates developed countries’ domination over outer space. Recalling that outer space is the province of all humanity, the exploration and use of space should be for the benefit of all countries and their people. This has challenged developed and developing countries to collaborate in implementing activities in and exploiting outer space. This study is a legal normative research project that utilizes secondary data, including primary and secondary legal materials, as well as non-legal materials, collected through library research and analyzed qualitatively. In realizing justice and reducing the gap between developed and developing countries in terms of outer space exploitation, this research employed a global justice perspective. This concept of justice requires the presence of a global legal authority that distributes rights and obligations to all countries and achieves coordination among developed and developing countries in exploring and using outer space.

Violence Against Women at Work: Responses from a Gender Perspective in Chile and Colombia

Laura C. Gamarra-Amaya — 2025-09-02

Workplace violence carries a great human cost and constitutes a problem present in many societies, affecting mostly women. This article analyzes workplace violence against in Chile and Colombia from a gender perspective, exploring the structural causes and the legal and social responses to this problem. Through an interdisciplinary approach, the ways in which gender inequalities perpetuate power dynamics that facilitate harassment, discrimination and other forms of violence in the workplace are examined.

The article addresses recent legal reforms that seek to guarantee violence-free work environments in Chile and Colombia, with an emphasis on the ratification of ILO Convention 190. Furthermore, it analyses international regulations and the challenges that persist in their implementation, particularly in informal and rural sectors. The article also highlights how the lack of complaints and social tolerance towards these behaviors hinder access to justice for affected women.

Finally, recommendations are made to move forward in the eradication of workplace violence against women. These include the promotion of public policies that foster gender equality, training in labor rights with a gender focus and the generation of statistics that make the problem visible. The article concludes by highlighting the importance of transforming the cultural and structural norms that perpetuate violence at work, thus promoting true equality in both countries.

Multidimensional Poverty: A Spatial Analysis in the Municipalities of Cundinamarca, Colombia.

ANA ELENA MONSALVO HERRERA — 2025-09-02

Research has found that poverty spillovers between neighboring municipalities due to social, economic, geographic, and cultural factors. There are various ways to measure poverty; however, the Multidimensional Poverty Index offers a more comprehensive approach that facilitates analysis by addressing it from multiple dimensions. Therefore, the objective of this article is to describe the behavior of the neighborhood effect of poverty in the municipalities of the department of Cundinamarca, using the MPI and considering the persistence of its geographic effect. The methodology employed in this research was the development of a model that used Local Spatial Indicators (LISA) to identify clusters, taking into account the overall MPI and an average indicator of the variables of each dimension that comprise it. With the calculation of the clusters, three main areas were determined in which it was evident that the neighborhood effect of poverty occurs in the department of Cundinamarca and that the main public policy actions aimed at closing the gaps and eliminating poverty traps in the Central RAPE should be carried out in these areas.

The environment from multiple perspectives: interfaces between law, politics and society for environmental conservation and sustainable development

Raphael Melazzo de Faria Costa — 2025-09-02

The issue of environmental conservation is a current and urgent political agenda involving different fields of knowledge. Based on ecological rationality, which considers that the problem is not a privilege of the natural sciences, this article addresses an integrated view of the environment involving philosophical, political, and legal reflections. This study aims to demonstrate that environmental protection requires an integrated, broad, and complex approach involving public policies, environmental education, and an ethics of shared responsibility to ensure the preservation of natural resources for present and future generations. The research was based on a deductive approach, complemented by bibliographic and archival documentary procedures. The textual construction was supported by theoretical assumptions that involve a plural reflection of law, using descriptive, reflective, and explanatory procedures. The study concludes that the complexity of environmental issues requires an integrated reflection of knowledge and coordinated responses from all social actors. Environmental protection depends on an interdisciplinary approach involving public policies, environmental education, and an ethics of shared responsibility to ensure the safety of natural resources and sustainable development.

Intellectual Property and its Influence on Social Networks

Almudena Barrientos-Baez — 2025-09-04

Intellectual property and copyright legislation has evolved in recent decades due to the intensification of digitalization and the consolidation of social media as the primary means of information and communication. This has led to significant challenges in ensuring the protection of literary, artistic, entertainment, and scientific works, which are authored and attributed to a single individual, who holds the exclusive right to exploit and distribute them. From the perspective of the legislative frameworks of Spain and the European Union, both have sought to continually adapt to the dynamics and characteristics of social media, especially with regard to the creation, distribution, and reproduction of content, imposing the respective responsibilities attributed to digital platforms and users regarding works shared online. However, despite the changes that have been made, significant challenges and problems remain in securing intellectual property, highlighting
the complexities associated with the decentralized nature and interconnectivity that characterize social media, which overcome geographical barriers to access and sharing information, complicating the uniform application of sanctions and compensation to authors. Likewise, there are evident limitations in the harmonization of copyright and property rights with freedom of expression and access to educational and cultural content, which creates significant difficulties in determining liability for infringements in digital environments.

Extra-Border Spaces and Frontiers of Law

Bernardo Perez-Salazar — 2025-09-04

With this new issue of Novum Jus, our readers receive a collection of articles by authors from diverse regions of the globe, presenting a wide range of concerns and approaches. On this occasion, we open our journal to academic colleagues from Indonesia, who share their reflections on the conceptual boundaries and points of contact between state law and customary law in various post-colonial contexts. Another article from the same geographical origin explores the potential of using encrypted technologies for regulating the management of high seas fisheries. Yet another Indonesian contribution examines aspects related to outer space governance.
From a European vantage point, a Spanish colleague contributes to the debate on “climate change litigation,” from which a body of environmental law and transnational legal practices is beginning to emerge, aimed at encouraging the mitigation of the effects of this global change with the cooperation of governments and large corporations, an issue that directly touches on a crucial goal: environmental sustainability. Latin American authors, in turn, engage in discussion on the meaningful significance of human rights and criminal social control from plural cultural perspectives and worldviews, as opposed to perspectives that see to legitimize the assumptions underpinning sociocultural domination processes rooted in the colonial past.

Reseña: La cara de la paz. Gobierno, pedagogía de paz y desinformación en Colombia

Paula Camila Gómez Hernández — 2025-09-04

El libro La cara de la paz. Gobierno, pedagogía de paz y desinformación en Colombia, escrito por Gwen Burnyeat y traducido al español por Santiago Paredes Cisneros, es un análisis de varios factores sociales y políticos que influyeron en el proceso de paz, desde su enfoque, divulgación y, posteriormente, la derrota en la consulta popular, y el posterior plebiscito en el 2016. Desde una perspectiva cercana a la ejecución gubernamental de las etapas del proceso de paz entre el Estado colombiano y las FARC, la autora explica detalladamente las falencias estatales, además del gran reto que significaba para el Gobierno de Juan Manuel Santos Calderón,
que una sociedad tan afectada por el conflicto armado interno y el abandono estatal volviera a confiar en este. Así pues, dicho escrito se divide en dos grandes partes, a su vez, subdivididas en capítulos. La primera sección, se encargó de realizar una antrohistoria del Gobierno del ahora expresidente Santos Calderón. Por su parte, la segunda sección, se destinó a hacer una etnografía de la tan importante pedagogía de paz.