Jiménez and Martínez on A Private International Law for Colombia

Colombian personal worldwide legislation analysis has been witnessing a notable interval of renewed scholarly exercise. Following a earlier announcement on this weblog of the publication of a quantity devoted to the Colombian Draft Challenge on Personal Worldwide Legislation, an extra important contribution has now been revealed, this time providing a broader and extra systematic perspective on the sphere. This new contribution takes the type of a e-book edited by María Julia Ochoa Jiménez (Loyola College) and Claudia Madrid Martínez (College of Antioquia), entitled “A Personal Worldwide Legislation for Colombia”, revealed within the Springer Textbooks in Legislation collection (Springer, 2025).

Based on the writer’s web site, the e-book provides a “[c]omprehensive research of points underlying PIL, significantly in Latin America and Colombia”, gives “[s]ystematical evaluation of PIL guidelines in Colombia, permitting readers to know how they take care of international points”, and “[a]ddresses guidelines in pressure, critically examines them and, accordantly, presents and discusses a legislative proposal”.

Within the Preface, the editors themselves describe the “e-book’s strategy” as “distinctive”. Based on them, the e-book’s “primary goal is to handle how probably the most related points in every of the principle areas of this authorized discipline manifest themselves in Colombia, analyzing them in a method that’s each exhaustive in disciplinary phrases and critically engaged.”

The e-book’s blurb reads as follows:

The e-book, which systematically analyzes personal worldwide legislation guidelines contained within the Colombian authorized system, contributes to the research and information of this authorized discipline, and likewise has a constructive impression on its sensible software. As well as, consideration is given to the necessity for a particular laws that not solely matches the Colombian actuality and takes into consideration the evolution of personal worldwide legislation in Latin America. The e-book appeals to a worldwide viewers. It allows readers to raised perceive how personal legislation offers with a wide range of conditions within the World South. Such conditions might be linked to nearly all international phenomena, together with no less than two: cross-border migration and worldwide commerce. Relating to this, Colombia stands out in Latin America as a result of, though it has historically been the origin of many migrants, lately it has additionally come to play an vital function as a vacation spot and transit nation for migrants from completely different areas. As well as, Colombia’s financial development has led it to develop into a part of a number of worldwide commerce agreements, for instance, with the Andean Neighborhood, Venezuela, Mexico, MERCOSUR, Chile, the Northern Triangle, which incorporates Guatemala, El Salvador and Honduras, and likewise with Canada, the European Free Commerce Affiliation (EFTA), the US, the European Union, South Korea, Costa Rica and the Pacific Alliance, of which Chile, Colombia, Mexico and Peru are members. All this, whereas leading to a rise in conditions with international components that should be handled by nationwide authorities, makes it unavoidable to know the Colombian personal worldwide legislation to know the authorized panorama of the area in relation to international points that at present should be addressed worldwide. Thus, the e-book is of curiosity to college students in several international locations. They discover in it a information to know the idea and dogmatics of personal worldwide legislation in Latin America and Colombia. The tutorial relevance of the e-book can also be mirrored in its usefulness for students working in personal worldwide legislation and comparative legislation. It permits for an in-depth research of the issues that underly personal worldwide legislation on this a part of the World South. It’s structured and written in such a method that it may be used as a textbook in undergraduate and graduate programs in topics comparable to comparative legislation, personal worldwide legislation, worldwide contracts, worldwide commerce, and worldwide motion of individuals and items.

The e-book consists of 18 chapters divided into six sections and contains a complete of VIII + 308 pages.

The Desk of contents contains the next:

Introduction (Pages 1-14)

María Julia Ochoa Jiménez

The dearth of systematic research hinders the event of personal worldwide legislation in Colombia. Teachers, practitioners, or judges could encounter difficulties when confronted with the applying of the personal worldwide legislation guidelines contained within the Colombian authorized system, that are scattered in varied authorized devices. This quantity not solely systematically analyzes the technical mechanisms contained in such guidelines but in addition outlines the historic and theoretical context during which they exist. As well as, consideration is given to the necessity for particular laws that matches Colombia’s actuality and takes into consideration the developments of personal worldwide legislation in Latin America. This quantity additionally embodies an effort to think about a number of the international challenges going through Colombian personal worldwide legislation right this moment in relation to points regarding the safety of human rights, together with these of probably the most deprived teams.

Introductory Notions

Colombian Personal Worldwide Legislation: Three Dimensions, One Perspective (Pages 17-29)

María Julia Ochoa Jiménez

This and the following chapters tackle, in an introductory method, two basic questions that lie on the root of personal worldwide legislation and serve to know its broad conceptual scope. Each questions are approached from the Colombian perspective, contemplating the present scenario of the self-discipline within the nation. The primary query, which is handled right here, is sort of large and refers back to the function that personal worldwide legislation performs in right this moment’s world. Thus, this chapter outlines what lies behind the nationwide, worldwide, and international dimensions of personal worldwide legislation, and likewise the relevance it has when it’s significantly thought-about from the worldwide perspective. The second query, on which the following chapter focuses, isn’t much less huge and issues the interactions between comparative legislation and personal worldwide legislation.

Personal Worldwide Legislation and Comparative Legislation: A Colombian Method (Pages 31-44)

María Julia Ochoa Jiménez

This chapter, and the earlier one, tackle, in an introductory method and from the Colombian perspective, two basic questions that lie on the root of personal worldwide legislation and serve to know its broad conceptual scope. The primary query, which is handled within the earlier chapter, refers back to the nationwide, worldwide, and international dimensions of personal worldwide legislation, and the relevance it has when it’s significantly thought-about within the latter perspective. Right here, the main target is on the second query, which isn’t much less huge and issues the interactions between comparative legislation and personal worldwide legislation. On this regard, this chapter explores how some types that the previous adopts might be recognized within the other ways during which the latter is practiced in Colombia.

An Introduction to the Personal Worldwide Legislation of the Latin American International locations Right now (Pages 45-54)

Eugenio Hernández-Bretón

This chapter gives a complete overview of the evolving panorama of personal worldwide legislation in Latin America. It highlights how Latin American international locations have traditionally adopted a territorialist strategy however have more and more modernized their authorized frameworks over the previous twenty-five years. International locations comparable to Venezuela, Uruguay, and Panama have enacted new Acts, whereas others like Cuba and Mexico have launched reforms specializing in particular areas like worldwide household legislation and civil process. Regardless of this modernization, conventional devices just like the Bustamante Code and Montevideo Treaties proceed to coexist with these new authorized developments. The chapter emphasizes the significance of continued tutorial and judicial engagement to evaluate the effectiveness of those evolving authorized frameworks in follow.

Worldwide Procedural Legislation

 Worldwide Jurisdiction in Colombia (Pages 57-75)

Claudia Madrid Martínez

This chapter explores the principles on worldwide jurisdiction in Colombia. It examines the factors used to find out which courts have jurisdiction over personal worldwide legislation circumstances, which is the preliminary step in resolving such circumstances. It takes account of Colombian present legislation and the principles included within the Draft Normal Act on Personal Worldwide Legislation for Colombia ready by IADIP.

Worldwide Judicial Cooperation in Colombia (Pages 77-92)

Luis Alfredo Pinilla

This chapter gives an introduction to the Colombian regulation on worldwide cooperation in civil and business issues. It describes the worldwide treaties to which the nation is a celebration, in addition to the nationwide authorized framework on the topic. To this finish, the chapter briefly presents the important features of probably the most related treaties for Colombia. In doing so, it addresses specifically the 1965 Hague Service Conference and the 1970 Hague Proof Conference. Moreover, the chapter describes how letters rogatory and exhortos are regulated in home laws. It additionally feedback briefly on the proposal for worldwide authorized cooperation contained within the IADIP Draft Normal Act.

Extraterritorial Impact of Judgments in Colombian Personal Worldwide Legislation (Pages 93-108)

María Julia Ochoa Jiménez, José Luis Marín Fuentes

This chapter offers with how the Colombian authorized system addresses the popularity and enforcement of international judgments and arbitral awards. With a view to do that, it presents the related guidelines of the Normal Code of Process Legislation of 2012 and Act No. 1563 of 2012. Consideration can also be paid to the methods during which these guidelines have been utilized in follow by the Civil Chamber of the Supreme Court docket of Justice. Such a sensible strategy permits us to introduce the novelties included within the IADIP Draft Normal Act on Personal Worldwide Legislation for Colombia.

Relevant Legislation: Cross-Slicing Questions

Sources and Methodological Plurality of Personal Worldwide Legislation in Colombia (Pages 111-125)

Claudia Madrid Martínez

This chapter offers with two points regarding the normal concept of personal worldwide legislation contemplating the Colombian context: the sources of personal worldwide legislation and its methodological plurality. It addresses the advanced interaction of sources in Colombian personal worldwide legislation and the way it’s rooted in a mixture of worldwide treaties and home legal guidelines that challenges the identification of a hierarchical order between them. The chapter additionally examines how the methodological plurality of Colombian personal worldwide legislation entails the applying of internationally necessary guidelines, particular substantive guidelines, and battle guidelines, highlighting its various and layered strategy.

Utility of International Legislation in Colombia (Pages 127-133)

Claudia Madrid Martínez

The applying of international legislation is without doubt one of the most intricate features of personal worldwide legislation. This problem entails each procedural and substantive complexities. In lots of circumstances, judges choose to use their home legislation as a result of challenges of understanding international authorized techniques. This chapter delves into procedural implications, distinguishing when international legislation is handled as legislation or as a reality. Furthermore, it outlines the Colombian authorized framework, emphasizing the “combined system” that makes each judges and events chargeable for understanding international legislation and that should be balanced by some versatile pointers which have been offered by the Constitutional Court docket.

Normal Establishments in Colombian Personal Worldwide Legislation (Pages 135-160)

Claudia Madrid Martínez

This chapter focuses on the final guidelines and ideas of personal worldwide legislation that tackle the problem of figuring out relevant legislation in cross-border circumstances. It discusses how Colombian personal worldwide legislation lacks codified guidelines on these establishments, in addition to the way in which during which the IADIP Draft addresses them, specifically following the Inter-American Conference on Normal Guidelines of Personal Worldwide Legislation.

Property

Property Rights in Colombian Personal Worldwide Legislation (Pages 163-184)

María Julia Ochoa Jiménez

This chapter offers with how the lex rei sitae rule is launched in Latin America basically and in Colombia specifically. It critically discusses its inclusion within the authorized devices at present in pressure in Colombia and takes into consideration how it’s approached within the IADIP Draft. After briefly describing how this proposal refers to mental property, the chapter turns to the fairly revolutionary regulation it comprises concerning the worldwide restitution of cultural property basically and of Indigenous cultural objects specifically. Lastly, the chapter briefly refers back to the IADIP Draft’s guidelines on cell conflicts and jurisdiction earlier than concluding with some remaining remarks.

Worldwide Mental Property Contracts in Colombia: Relevant Legislation and Dispute Decision (Pages 185-197)

Brenda Salas

In worldwide contracts regarding mental property, the final precept is to resort to the autonomy of the events’ will. Because of this the events are free to find out each the legislation relevant to the contract and the technique of dispute decision. Nevertheless, the query that arises in Colombia is methods to decide the relevant legislation to the contract and the competent authority for battle decision when the events have remained silent on these issues in a world contract regarding mental property. To this finish, this chapter first analyzes the legislation relevant to the contract, then the competent authority for dispute decision. Lastly, it analyzes the regulation included within the Draft Normal Act on Personal Worldwide Legislation for Colombia ready by the Instituto Antioqueño de Derecho Internacional Privado.

Individuals and Household

Pure Individuals in Colombian Personal Worldwide Legislation (Pages 201-219)

Laura Victoria García Matamoros

This chapter focuses on the person scope of the non-public standing. It first discusses its components, significantly contemplating the personal worldwide legislation perspective. Moreover, it presents the benefits and drawbacks of the factors to find out the legislation that should be utilized to cross-border conditions. Lastly, the chapter critically approaches the Colombian authorized system, paying particular consideration to the present scenario and to the options proposed by two current legislation drafts: the Draft Normal Act on Personal Worldwide Legislation for Colombia ready by the Instituto Antioqueño de Derecho Internacional Privado in 2021 and the Draft Civil Code of Colombia offered by the Universidad Nacional de Colombia in 2023.

Marriage and Marital Unions in Colombian Personal Worldwide Legislation (Pages 221-241)

Laura Victoria García Matamoros

This chapter first examines the worldwide authorized relationships that give rise to the formation of a household. It then analyzes the authorized regulation of those features inside the Colombian authorized system. Subsequently, the chapter briefly discusses the related provisions of two proposals: the Draft Normal Act on Personal Worldwide Legislation for Colombia, ready by the Instituto Antioqueño de Derecho Internacional Privado in 2021, and the Draft Civil Code of Colombia offered by the Universidad Nacional de Colombia in 2023.

Worldwide Household Legislation in Colombia (Pages 243-258)

Gloria Rivera Ocampo

This chapter presents the principle worldwide treaties and devices that make up Colombian worldwide household legislation, significantly people who include guidelines concerning youngster safety and worldwide adoption, which check with the final ideas on this subject material, i.e., safeguarding the perfect curiosity of the kid, non-discrimination, and effectivity in authorized processes. Reference can also be made to the truth that the shortage of regulation on different points, comparable to surrogacy and autopsy insemination, poses advanced challenges for Colombian household courts.

Commerce

Personal Worldwide Legislation and Colombian Enterprise Associations Legislation (Pages 261-275)

Juan Antonio Gaviria

The intersection between Colombian enterprise affiliation legislation and personal worldwide legislation is handled on this chapter. For this function, it identifies the present points within the worldwide interplay of for-profit entities and their shareholders or companions, finding out the previous below a double angle or edge: each as juridical individuals, and due to this fact topics of rights and duties, and worldwide contracts. This entails analyzing the authorized guidelines figuring out which corporations are home and international and the authorized relevance of such a distinction. The chapter additionally makes some feedback on the IADIP Draft Normal Act on Personal Worldwide Act for Colombia concerning enterprise affiliation legislation.

A New Starting for Negotiable Devices (Pages 277-288)

Daniel Rojas-Tamayo

Colombian personal worldwide legislation on negotiable devices is intriguing: only a few guidelines in current codes and laws distinction with a fairly in depth regulation in vintage treaties. Regardless of each choice-of-law and substantial guidelines, there are solely three rulings of the Colombian Supreme Court docket on the subject material. On this context, the IADIP Draft on Personal Worldwide Legislation for Colombia studied on this chapter appears to supply a passable and essential regulation. Moreover, the IADIP Draft modernizes Colombian legislation in varied manners, comparable to embracing a distinct connecting issue and introducing freedom of selection.

The Lex Mercatoria Technique: Addressing Worldwide Personal Circumstances Past Battle of Legal guidelines (Pages 289-308)

Néstor Raúl Londoño Sepúlveda

This chapter examines using lex mercatoria instead authorized system for transnational personal conflicts. The lex mercatoria is a set of advert hoc, worldwide guidelines that originate from non-state entities and govern enterprise transactions exterior of the traditional battle of legislation system. In worldwide arbitration, for instance, arbitrators incessantly depend on it within the lack of clear nationwide authorized frameworks. These transnational guidelines proceed to supply adaptable options in worldwide commerce, addressing authorized gaps and enhancing each home legal guidelines and worldwide treaties, regardless of criticism concerning their regulatory scattering. The chapter explores the event of the lex mercatoria, its origins, and its empirical software.