https://tribunainternacional.uchile.cl/index.php/RTI/issue/feed 2025-02-24T00:00:00+00:00 Luis Valentín Ferrada Walker revistatribuna@derecho.uchile.cl Open Journal Systems <p>Revista Tribuna Internacional is a publication from the International Law Department of the University of Chile's Law School. The journal's main purpose is to encourage the study, discussion, analysis and communication of international law in a pluralistic and scientifically rigorous manner. There are two issues each year with the papers and other contributions accepted during the semester. Our call for papers is open to unpublished scholarly contributions, essays, case-law's comments and book reviews in the fields of international public law, international private law, international relations and international human rights law. Peer review. We receive works writing in Spanish and English. The journal is indexed in DOAJ and LATINDEX directory.</p> https://tribunainternacional.uchile.cl/index.php/RTI/article/view/73854 2024-04-17T03:30:44+00:00 Tania Bañuelos Mejía tania.banuelosmejia@kuleuven.be

Truth as a right has been enshrined in treaty law for the first time under the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED). The right to the truth in this context has very specific objectives given the nature and elements of the crime of enforced disappearance. However, its meaning and the precise obligations that it creates for States parties are not well known, allowing a normative gap for States to elude its implementation and undermining efforts towards its realization. This article seeks to narrow that gap by analyzing both the ICPPED and the work of the Committee on Enforced Disappearances in interpreting the right. It finds that the right to the truth under the ICPPED is central for clarifying cases of enforced disappearance as it has the objective of establishing the fate and whereabouts of a disappeared person and triggers the State’s obligations to search and investigate. It concludes that the effective implementation of the right is also fundamental for combatting impunity for enforced disappearance, as it seeks to compel the State to end its denial of the truth.

2024-12-27T00:00:00+00:00 Copyright (c) 2025 https://tribunainternacional.uchile.cl/index.php/RTI/article/view/73955 2024-05-03T02:01:09+00:00 Tomas Kukulis tomas.kukulism@gmail.com

This article analyses the standards of environmental protection and their reconciliation with the standards for promoting foreign investment contained in the Investment Protocol of the African Continental Free Trade Area of 2023, as well as the investment chapters or protocols of some of the most significant regional trade and investment agreements formed by Latin American countries: the Treaty between Mexico, the United States, and Canada (USMCA), the Pacific Alliance (PA), the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), and the Protocol for Cooperation and Facilitation of Intra-MERCOSUR Investments. This study aims to highlight the significant innovations proposed from the African continent regarding the strengthening of the sovereign power of member states to establish regulatory measures in the interest of the public, particularly in environmental protection. It also aims to compare these innovations with the regional investment agreements of Latin America, identifying successes, gaps, and common challenges for the future.

2025-02-25T00:00:00+00:00 Copyright (c) 2025 https://tribunainternacional.uchile.cl/index.php/RTI/article/view/74654 2024-08-07T01:56:34+00:00 Abdulrahman Hetteh a.hetteh@gmail.com

This article examines the persistent advocacy of the Ahwazi people in Iran for their right to self-determination within the framework of international law, amidst historical and contemporary grievances. Focusing on Ahwazi Arabs, it challenges prevailing perceptions of the Persian majority and scrutinises issues of group identity, discrimination, and minority rights. By critically evaluating legal frameworks established by the League of Nations and the United Nations, particularly in relation to the Ahwazi people and non-Persian nations in Iran, it reveals shortcomings in addressing their national aspirations and rights, rendering them susceptible to Iranian state persecution. Furthermore, it scrutinises the Persian-centric system in Iran, highlighting the systemic marginalisation of ethnic minority rights within academic discourse and emphasising the necessity to recognise Iran’s diverse cultures and nationalities. Through unbiased research, scholars and activists can contribute to a more nuanced understanding of the struggles and aspirations of non-Persian nations, including the Ahwazi people, within the ambit of international human rights law. This article seeks to fill existing gaps in the literature by amplifying Ahwazi perspectives, suggesting future research directions, and advocating for international backing for their quest for justice and self-determination.

2024-12-27T00:00:00+00:00 Copyright (c) 2025 https://tribunainternacional.uchile.cl/index.php/RTI/article/view/75405 2024-07-20T03:38:22+00:00 Constantin Thierfelder constantin.thierfelder@web.de

The 2021 revision of nautical chart no. 8 by Chile has sparked a maritime boundary dispute with Argentina. This issue arises from Argentina's 2009 submission to the Commission on the Limits of the Continental Shelf for an extended continental shelf and centers on conflicting interpretations of the Treaty of Peace and Friendship of 1984. The treaty delineates the maritime boundary from Points A to F, but Chile’s inclusion of a legal continental shelf southeast of Point F in its updated chart extends beyond Argentina's recognized limits, leading to an overlap with Argentina's extended continental shelf claim. This paper analyzes the legal validity and enforceability of both nations' continental shelf entitlements under UNCLOS and the Treaty of Peace and Friendship, discussing the procedural challenges and potential solutions to the overlapping claims.

2025-04-28T00:00:00+00:00 Copyright (c) 2025 https://tribunainternacional.uchile.cl/index.php/RTI/article/view/74694 2024-06-05T03:47:28+00:00 Elina Mereminskaya em@emereminskaya-arb.com Lucas Villagrán Gajardo lucas.villagran@derecho.uchile.cl

This article analyzes the current situation of digital assets from the perspective of private international law, in order to demonstrate the insufficiency of the latter to regulate the practical problems arising from these assets. The insufficiency of solutions rooted in the physical - or analogous - world to lead to reasonable results in the digital universe is raised. . This being so, specialized solutions for the determination of jurisdiction in disputes involving digital assets are proposed, and the proposal made by the Institute for the Unification of Private Law (UNIDROIT) on the rules applicable to the private law aspects of these assets is analyzed. As a necessary introduction, the technologies underlying the most well-known digital assets, Distibuted Ledger Technologies and blockchain (section II) and their use in the virtual metaverse space (section III) are described. On this basis, digital assets are defined (section IV). Difficulties arising when applying standard tools of private international law to digital assets are identified (section V). The document prepared by the Institute for the Unification of Private Law (UNIDROIT) proposing a uniform or harmonized solution is presented (section VI). It ends with conclusions (VII).

2025-02-25T00:00:00+00:00 Copyright (c) 2025 https://tribunainternacional.uchile.cl/index.php/RTI/article/view/74967 2024-07-10T02:16:08+00:00 Sandra Jaimes sjaimes@unipamplona.edu.co 2025-04-28T00:00:00+00:00 Copyright (c) 2025