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Revista Derecho del Estado

Print version ISSN 0122-9893

Abstract

HERRERA, Juan C. Latin American integration clause in Colombia: between the "bond of union" and the tautology of "straitjacket". Rev. Derecho Estado [online]. 2016, n.37, pp.127-163. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n37.04.

ABSTRACT From the very first attempts to decolonize Latin America, the need for a supranational integration process has raised. In the last decades, this integrationist demand has had constitutional reception in several constitutions of the region. The Colombian Constitution (1991) provides an excellent example of what has been called "Latin American integration clause". Based on these assumptions, this article offers an analysis of the case law of one of the most respected courts from what has been called "global South". In addition to the development of an unpublished study on the subject, this paper proposes three conclusions from the integration clause studied and outlines a proposal for future doctrinal and jurisprudential developments, both in Colombia and outside its borders.

Keywords : Regional integration; Latin American integration clause; jurisprudence; Constitutional Court of Colombia; constitutional law; economic integration; international treaties; free trade agreement or FTA.

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