Contributions to Law

Argentina-Brazil Nuclear Cooperation Process: Internal Dynamics and Hemispheric Influence in the 1985-1995 Period

Francisco García Montes — Mon, 30 Dec 2024 17:18:22 -0300

The article aims to analyze the nuclear cooperation process between Argentina and Brazil, focusing on the 1985-1995 period. First, it examines the main characteristics of the Argentine nuclear plan. Then, the article explores the nuclear cooperative process between Argentina and Brazil. This process reflects a structure of binational control and trust embodied in an institutionalized system of multiple legal instruments of a mandatory nature for both nations.

Keywords: nuclear cooperation; Argentina; Brazil; Nuclear Law

Grounded Theory and Academic Legal Research: An example for the Application of the Grounded Theory to Legal Research Projects

Julian Hermida — Mon, 30 Dec 2024 17:14:46 -0300

Discontent about the purely dogmatic and theoretical research that has traditionally prevailed in legal research has received significant criticism from the Law and Social Sciences movement, as academic legal research does not follow the methodological strategies that predominate in research in other sciences, which derive from the scientific method that prevails in the natural sciences. This movement demands that academic legal researchers use empirical research in legal research projects. This article aims to explain how the Grounded Theory can contribute to academic legal research. The Grounded Theory makes it possible to integrate empirical data about human experiences and relations into legal research. This theory has been applied in research about the enforcement of legal rules, the reasons for non-compliance with laws, and the development of arguments for legal reforms, among other research projects.

Keywords: Grounded Theory; qualitative research; legal research; Law and Social Sciences

Copyright Law and AI. Sufficient for an Artificially Intelligent Future? History, Justification, Analysis

Adam Nieuwenhuysen — Mon, 30 Dec 2024 17:09:31 -0300

The article explores the evolution of copyright law in order to determine whether work created by artificial intelligence can be copyrightable. It examines US and European intellectual property and its historical evolution. It is concluded that any work created by AI should be in the public domain. In consonance with European Union interpretation of copyright law, there should also be a legal requirement that the work be branded as work created in partnership with an AI.

Keywords: copyright; artificial intelligence; human element; derivative works

The Grounded Theory and Non-empirical Research. Critical Analysis of the Components of the Qualitative Research Process

Laura Quintana, Julian Hermida — Mon, 30 Dec 2024 17:11:39 -0300

Qualitative research constitutes a social practice anchored in a socio-historical context, which seeks to understand social reality and generate scientific knowledge through the collection of empirical data. Therefore, the qualitative approach to research attempts to interpret phenomena in in light of the meanings that research participants attribute to their actions and experiences.

This article examines a qualitative research methodology: The Grounded Theory, originally formulated by Glaser and Strauss and later developed, with some variants, by Strauss and Corbin. The Grounded Theory allows the generation of theory from systematically collected and analyzed data. For this examination, the article uses research work on the integration of learning.

Like academic legal research, Psychoanalytical research in the epistemological context of justification is theoretical research, i.e., non-empirical, where the data are texts and data analysis is based on a hermeneutical interpretation. As is the case with research in the legal fields, there is a tendency to demand empirical research in Psychoanalysis. Additionally, Psychoanalysis offers a critical look at Grounded Theory. The Grounded Theory cannot escape the bias and subjectivities of the researcher or the influence of the hegemonic discourse that predominates in the context in which the research takes place. Neither can it escape the vicissitudes of the transference between the researcher and the research participants.

Keywords: Grounded Theory; Constant Comparative method; Psychoanalysis; hegemonic discourse

Deficiencies in the Regulation of tax procedures in Spain. A Study of Litigation through the Supreme Court Case Law

Alejandro Torrescusa Cordero — Mon, 30 Dec 2024 00:00:00 -0300

The aim of this article is to analyze from an objective and critical point of view the current regulation of the main procedures that make up the Spanish tax system: management, audit, collection, sanctioning, and review procedures. The research aims to identify the current regulatory shortcomings that generate interpretative frictions between taxpayers and the Tax Administration and to put forward proposals for reform to improve the regulations in force. For this purpose, we have relied on the critical analysis of various sources of law, specifically the case law of the Supreme Court, the resolutions of the Central Economic-Administrative Court, and the binding consultations of the Directorate General of Taxes. Additionally, we have carried out a study and analysis of the Argentine tax system in order to try to identify possible solutions to be applied in our system.

Keywords: Supreme Court, legislator, Tax Administration, tax procedures

The Human Right to Food. An Analysis of the Santa Fe, Argentina Case Law

Ana Maria Bonet, María Eugenia Carnevale Taverna — Mon, 30 Dec 2024 00:00:00 -0300

This article addresses the issue of the justiciability of the human right to food through a survey of case law in Argentine courts. The study is based on the premise that although the current malnutrition crises indicate situations of violation of the human right to food, these are not sufficiently reflected in the legal discourse of court rulings due to a certain reluctance of legal actors to refer to the justiciability of economic, social, cultural, and environmental rights. This article is based on a quantitative survey of case law and on a reflective analysis of the results based on theoretical debates on its justiciability.

Keywords: Human right to food, ESCR Justiciability, sentences and food, food case law