Iuris Dictio
type: channel
description: Iuris Dictio is a peer-reviewed, open-access semiannual journal founded in 1998 and affiliated with the School of Law at the University of San Francisco de Quito (USFQ), dedicated to the study of law. Its purpose is to share unpublished and recent research that fosters legal analysis and debate, promoting an internationally responsible academic approach. Published under the philosophy of the Liberal Arts, Iuris Dictio publishes open-access articles in English and Spanish twice a year, combining general analysis with specialization in legal topics. Additionally, it seeks to reach a specialized legal audience, with an Interviews section aimed at making the subject accessible to those with limited knowledge of the field. ISSN (printed version until 2022): 1390-6402 ISSNe (electronic version): 2528-7834 Permanent Link:http://iurisdictio.usfq.edu.ec Indexed in: MIAR, ERIHPLUS, LATINDEX, MLA, CZ3, LATINREV, BASE, DOAJ, REDIB, Latinoamericana, LATAM, Google Scholar, OAJI Editorial: USFQ PRESS
publisher: Universidad San Francisco de Quito
language: es
publication name: Iuris Dictio
issn: 1390-6402
copyright: Submission of articles to be considered for the journal entails authorization for publication and acceptance of related, applicable rules. If not otherwise indicated, texts of the publication will be published under Creative Commons license.
items: Negligent Co-authorship and Participation: Challenges and Theoretical Proposals
items: Dossier’s Presentation: Water Risk: Between Hope and Scarcity
items: Syndicated Loans in Ecuador: Treatment and Regulatory Challenges
items: Use of Artificial Intelligence in Risk Management of a Financial Institution
items: Environmental Law in the Loyalty Islands: Questioning the Success of Legal Crossbreeding
items: Managing the Threat of Water Shortages in France
items: Neurorights and Human Rights in the Age of Neurotechnology: Necessary or Inevitable Regulation?
items: Penitentiary Treatment of Transsexual Women in Ecuador
items: The African Court on Human and Peoples’ Rights (2024), by Juan Bautista Cartes Rodríguez. Universidad Pública de Navarra, Pamplona
items: Crime from a Gender Perspective: Analysis of Women's Role in the Execution of Crimes
items: Indigenous Justice in Ecuador: Advances and Challenges in the Jurisprudence of the Constitutional Court
items: Transboundary Water Pollution in Private International Law
items: Comparing IWRM Reporting: Can a Context-Specific Framework be Translated into a Universal Standard?
items: Water and Civil Liability: The Importance of Procedural Aspects
items: The Transactional Profile as an Element of Operational Risk. Does it Protect the Rights of the Financial User?
items: Artificial Intelligence in the Ecuadorian Financial System: A Regulation Still Pending
items: Regulating and Supervising Fintech in Brazil: Insights from the Central Bank Experience and Emerging Challenges
items: Compliance Programs as Mitigating and Exempting Factors for Corporate Criminal Liability: A Comparative Analysis
items: Security as a complementary competence of Decentralized Autonomous Governments: Case of the Metropolitan District of Quito
items: Dossier’s Presentation: The Challenges of Financial Regulation and Supervision in the Face of Polycrisis
items: Is water a risk? Synthesis Report of the Water Risk Symposium (2024)
items: Interview with Roberto Romero von Buchwald
items: Principios de regulación financiera (versión al castellano, 2024), coordinada por Aurelio Gurrea Martínez. Editorial Heliasta, Buenos Aires
items: Excess Water: The Laws of Nature Serving the Control of Overflowing Rivers
items: New Hippos at the Water Hole: How Energy and Tech are Challenging Water Management
items: Comparative Legal Analysis of the Regulation and Institutional Architecture of Deposit Insurance in Ecuador and Spain
items: Dossier’s Presentation. Contemporary Criminality: Interdisciplinary Reflections on Criminology, Focused on Human Rights and Criminal Policy
items: The Legal Nature of the Plan of Reorganization Under Complex Social Systems Theory
items: Criminological Reflections for the Transparency Society
items: Decriminalization of Drug Addiction Through Psychiatric Evaluation, Presentation of Court Case

Negligent Co-authorship and Participation: Challenges and Theoretical Proposals
type: item
description: This paper examines the need to regulate negligent co-authorship and participation in negligent offenses, emphasizing the doctrinal complexity and diverse perspectives concerning the attribution of criminal liability. It proposes a conceptual framework distinguishing perpetrators from accomplices to ensure fair application of Criminal Law. Through an analysis of theories such as control over the act, objective imputation, positive and objective determination of the act, and perpetrator functionality, the study reviews positions regarding the admissibility of negligence in co-authorship, illustrated by cases within the Peruvian context. Arguments in favor advocate for fair liability attribution based on the creation and surpassing of permissible risk, whereas criticisms warn against excessive expansion of Criminal Law. Modern theories may provide an appropriate framework to achieve proportional justice and uphold fundamental legal principles.
subject: Miscellaneous
  topic: section
subject: Criminal Law
  topic: keywords
subject: Negligence
  topic: keywords
subject: Objective Imputation
  topic: keywords
subject: Negligent Offenses
  topic: keywords
subject: Criminal Law
  topic: subjects
subject: Criminal Law
  topic: disciplines
creator: Max Omar Chahua Solano
creator: Brayan Camilo Nuñez Rudas
creator: Emerson Maicol Tito Capcha
creator: Gabriel Ravelo-Franco
rights: Copyright (c) 2026 Max Omar Chahua Solano, Brayan Camilo Nuñez Rudas, Emerson Maicol Tito Capcha, Gabriel Ravelo-Franco https://creativecommons.org/licenses/by-nc/4.0
date: 2026-03-27
publication date: 2026-03-27
starting page: 16
ending page: 16
doi: 10.18272/iu.i.3855

Dossier’s Presentation: Water Risk: Between Hope and Scarcity
type: item
description: According to the Global Risks Report 2025, the second most significant global risk at the territorial level consists of extreme weather events (Elsner, Atkinson & Zahidi, 2025). Looking at the medium term (10 years), five of the top ten risks are associated with environmental factors: beyond extreme weather events, the report highlights biodiversity loss and ecosystem collapse, critical changes in terrestrial systems, natural resource scarcity (including water), and pollution.
subject: Dossier II
  topic: section
subject: water law;
  topic: keywords
subject: environmental law
  topic: keywords
subject: pollution
  topic: keywords
subject: Scarcity
  topic: keywords
subject: Law
  topic: subjects
subject: Comparative law
  topic: subjects
subject: International Law
  topic: subjects
subject: Environmental law
  topic: subjects
creator: Andres Martínez Moscoso
creator: Dariusz Piatek
rights: Copyright (c) 2025 Andrés Martínez Moscoso, Dariusz Piatek https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-18
publication date: 2025-12-18
starting page: 5
ending page: 5
doi: 10.18272/iu.i36.4105

Syndicated Loans in Ecuador: Treatment and Regulatory Challenges
type: item
description: This article analyzes the regulatory challenges faced by syndicated loans in Ecuador. It examines under international standard market practice the characteristics of syndicated loan agreements, the scope of typical contractual clauses in these types of transactions, and the applicable regime in Ecuador. The analysis identifies the limitations and conflicts that arise from applying the financial consumer protection regime to such contracts. Finally, the article proposes regulatory reforms aimed at differentiating the treatment of borrowers/consumers with the capacity to analyze legal and financial risks from consumers without such capacity, allowing for greater contractual freedom. Additionally, a review of the fee regime applicable to these transactions is suggested. The article concludes that a targeted reform of the regulatory framework is essential to strengthen the syndicated loan market, providing it with legal certainty and competitiveness.
subject: Dossier I
  topic: section
subject: Syndicated Loans
  topic: keywords
subject: Financial Regulation
  topic: keywords
subject: Financial User or Consumer Protection
  topic: keywords
subject: Financial and Legal Risks
  topic: keywords
subject: Financial Regulation
  topic: subjects
subject: Syndicated Loans
  topic: subjects
subject: Financial Law
  topic: subjects
subject: Financial
  topic: disciplines
subject: Digital Law
  topic: disciplines
subject: Artificial Intelligence
  topic: disciplines
creator: Juan Francisco Simone Lasso
rights: Copyright (c) 2025 Juan Francisco Simone Lasso https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-17
publication date: 2025-12-17
starting page: 9
ending page: 9
doi: 10.18272/iu.i36.3945

Use of Artificial Intelligence in Risk Management of a Financial Institution
type: item
description: The advancement of technology, including the use of Artificial Intelligence (AI) in everyday life, has brought about significant changes and substantial impacts; the same has occurred with electronic transactions and decision-making systems. In this context, the various applications of AI promise several benefits for risk management within financial institutions, aiming for effective control and potential mitigation. The research findings indicate that AI can be an effective system for managing risk in financial entities. However, before implementing it as an information system, it is essential to consider both the positive and negative aspects associated with this technology, such as the use of personal data, the current absence of a regulatory framework, among others.
subject: Dossier I
  topic: section
subject: Financial risk
  topic: keywords
subject: Artificial Intelligence
  topic: keywords
subject: Regulation
  topic: keywords
subject: Model
  topic: keywords
creator: Cristina Escobar Montalvo
creator: Stephan Mora Valdez
rights: Copyright (c) 2025 Cristina Escobar Montalvo, Stephan Mora Valdez https://creativecommons.org/licenses/by-nc/4.0
date: 2025-11-27
publication date: 2025-11-27
starting page: 13
ending page: 13
doi: 10.18272/iu.i36.3923

Environmental Law in the Loyalty Islands: Questioning the Success of Legal Crossbreeding
type: item
description: The Loyalty Islands’ Environmental Code (New-Caledonia) seeks to merge French and Kanak views of nature. While Western naturalism separates humans and non-humans, Kanak animism sees continuity. Article 110-3 grants legal personality to natural elements, showing this ontological mix. However, France’s Council of State annulled key provisions, citing overreach into Caledonian civil law power. This reflects a clash between worldviews and highlights the limits of French environmental law in embracing alternative ontologies. The method used to carry out this study is combinatorial, combining the classic method of research in French law and a survey. The objective is to extract the essence of each vision by questioning the custodians of each.
subject: Dossier II
  topic: section
subject: Animism
  topic: keywords
subject: Environmental Law
  topic: keywords
subject: Kanak Ontology
  topic: keywords
subject: Legal Personality
  topic: keywords
subject: Legal Pluralism
  topic: keywords
subject: Nature’s Rights
  topic: keywords
creator: Claire Joachim
rights: Copyright (c) 2025 Claire Joachim https://creativecommons.org/licenses/by-nc/4.0
date: 2025-11-27
publication date: 2025-11-27
starting page: 9
ending page: 9
doi: 10.18272/iu.i36.3981

Managing the Threat of Water Shortages in France
type: item
description: France, in common with other countries, faces the growing threat of water shortages as climate change intensifies. While the resources deployed to tackle this risk are many and varied, there is still room for improvement. This scenario points to a gap in the practical execution of climate adaptation, which is now more vital than ever.
subject: Dossier II
  topic: section
subject: Drought
  topic: keywords
subject: Scarcity
  topic: keywords
subject: Quantitative management
  topic: keywords
subject: Water
  topic: keywords
subject: Law
  topic: disciplines
subject: environmental law
  topic: disciplines
subject: French law
  topic: disciplines
creator: Loïc Peyen
rights: Copyright (c) 2025 Loïc Peyen https://creativecommons.org/licenses/by-nc/4.0
date: 2025-11-13
publication date: 2025-11-13
starting page: 8
ending page: 8
doi: 10.18272/iu.i36.3974

Neurorights and Human Rights in the Age of Neurotechnology: Necessary or Inevitable Regulation?
type: item
description: This paper explores the regulatory importance of neurorights based on technological development and the need to establish a balance between scientific and technological innovation and the protection of fundamental human rights. The development of neurotechnologies in the mapping of the brain makes it necessary to observe the responsible and ethical use of these. In Ecuador we will see that, although there are regulations that can provide a close answer to the issue, they do not contemplate some of the assumptions of use of these technologies, so it is essential to develop new regulatory frameworks. The research uses a qualitative, descriptive and exegetical methodology, contrasting legal regulations with the experiences of organizations that already manage these technologies, in order to understand the ethical and legal challenges we face today.
subject: Miscellaneous
  topic: section
subject: Neurorights
  topic: keywords
subject: Neurotechnologies
  topic: keywords
subject: Regulation
  topic: keywords
subject: Human Rights
  topic: keywords
subject: Ethics
  topic: keywords
subject: Deontology
  topic: keywords
creator: Janetsy Gutiérrez Proenza
rights: Copyright (c) 2025 Janetsy Gutiérrez Proenza https://creativecommons.org/licenses/by-nc/4.0
date: 2025-07-11
publication date: 2025-07-11
starting page: 17
ending page: 17
doi: 10.18272/iu.i36.3532

Penitentiary Treatment of Transsexual Women in Ecuador
type: item
description: The 2008 Constitution of Ecuador is recognized for being a guarantor of human rights, which can be invoked by anyone without any type of discrimination, either based on sexual orientation or gender identity. However, these rights are not consistent with the State's selection of the social rehabilitation centre for the execution of the custodial sentence of transsexual women, who are forced to serve their sentences in men's prisons. This entails violations of their rights to personal integrity, identity and the principle of equality and non-discrimination. This article will analyse the conditions of triple vulnerability to which trans women deprived of liberty are exposed (for being part of the LGBTIQ+ community, for identifying as women and for being deprived of liberty), and the regulatory framework that protects them. Besides, it is going to be analyzed the way of the sex-based selection system implemented by justice operators institutionalizes gender violence.
subject: Dossier I
  topic: section
subject: Penitentiary System
  topic: keywords
subject: Sexual Identity
  topic: keywords
subject: Sexual Orientation
  topic: keywords
subject: Transsexual
  topic: keywords
subject: Gender Violence
  topic: keywords
subject: Criminology
  topic: disciplines
creator: Andrea Lideth Sánchez Sánchez
rights: Copyright (c) 2025 Andrea Lideth Sánchez Sánchez https://creativecommons.org/licenses/by-nc/4.0
date: 2025-06-11
publication date: 2025-06-11
starting page: 12
ending page: 12
doi: 10.18272/iu.i35.3730

The African Court on Human and Peoples’ Rights (2024), by Juan Bautista Cartes Rodríguez. Universidad Pública de Navarra, Pamplona
type: item
description: For many years, the African regional human rights system has been, with few exceptions, largely neglected in Spanish legal scholarship. Due to various factors, such as Spain's membership in the Council of Europe and its cultural ties with Latin American countries, the European and American human rights systems have garnered the attention of academics in our country. Therefore, writing a doctoral thesis on the African human rights system is a particularly commendable undertaking. And that is precisely what Juan Bautista Cartes Rodríguez, Professor of Public International Law at the Complutense University of Madrid, has done under the supervision of Professors Ana Gemma López Martín and José Antonio Perea Unceta. The quality of his thesis is evidenced by the fact that it was awarded the Jaime Brunet Prize (2022) by the Public University of Navarre, given to the best thesis of the year in the field of human rights. This monograph in English, funded by the Jaime Brunet Foundation, stems precisely from this award, and joins two other monographs in Spanish by the same author on this subject, published by the prestigious publishers Aranzadi and Tirant lo Blanch.
subject: Reviews
  topic: section
subject: Human rights
  topic: keywords
creator: Alberto José Alberto José
rights: Copyright (c) 2025 Alberto José Alberto José https://creativecommons.org/licenses/by-nc/4.0
date: 2025-06-11
publication date: 2025-06-11
doi: 10.18272/iu.i35.3741

Crime from a Gender Perspective: Analysis of Women's Role in the Execution of Crimes
type: item
description: The paper addresses the evolution of criminological theories up to the present day, highlighting how approaches have changed over time to incorporate new perspectives, such as the gender perspective. The development of women´s narrative in the criminal field is examined, from their traditional representation as victims to their visibility as victimizers in certain contexts. In addition, the correlation between gender and crime is analyzed, with an emphasis on how distribution varies according to gender, based on statistics. Finally, the article discusses criminal procedures from a more rounded gender perspective, underlining the importance of considering gender differences in criminal justice to guarantee a more equitable and appropriate response.
subject: Dossier I
  topic: section
subject: Criminology
  topic: keywords
subject: Gender Perspective
  topic: keywords
subject: Women
  topic: keywords
subject: Victimizers
  topic: keywords
subject: Criminal Procedures
  topic: keywords
subject: Crime
  topic: keywords
creator: Cristina Escobar Montalvo
creator: Verónica Salgado Saltos
rights: Copyright (c) 2025 Cristina Escobar Montalvo, Verónica Salgado Saltos https://creativecommons.org/licenses/by-nc/4.0
date: 2025-06-11
publication date: 2025-06-11
starting page: 12
ending page: 12
doi: 10.18272/iu.i35.3720

Indigenous Justice in Ecuador: Advances and Challenges in the Jurisprudence of the Constitutional Court
type: item
description: The research aims to analyze the exercise of indigenous jurisdiction in Ecuador, based on its recognition in the constitutional norm, as well as its development, advances and limitations in the jurisprudence of the Ecuadorian Constitutional Court. To achieve this purpose, the article uses a qualitative methodology that includes several studies, books, standards, indigenous justice manuals and sentences that address the issue of indigenous justice and its coordination with ordinary justice within the framework of legal pluralism. This analysis allows us to question various legal paradigms from a non-monocultural view of Law, as well as elucidate what the challenges are for the coordination between both legal systems.
subject: Miscellaneous
  topic: section
subject: Indigenous justice
  topic: keywords
subject: Community jurisdictional bodies
  topic: keywords
subject: Constitutional jurisprudence
  topic: keywords
subject: Legal pluralism
  topic: keywords
subject: Intercultural approach
  topic: keywords
creator: Kimberly Gibely Triviño Rodríguez
creator: Josué Israel Barragán Pacheco
rights: Copyright (c) 2025 Kimberly Gibely Triviño Rodríguez, Josué Israel Barragán Pacheco https://creativecommons.org/licenses/by-nc/4.0
date: 2025-07-08
publication date: 2025-07-08
starting page: 13
ending page: 13
doi: 10.18272/iu.i36.3722

Transboundary Water Pollution in Private International Law
type: item
description: Cases of transboundary water pollution raise questions concerning jurisdiction and the applicable law when it comes to liability litigation. To favour the injured person and environmental protection, European international procedural law gives them the choice to bring an action at the place of the harmful event or at the place of direct damage. The conflict-of-laws rules also usually allow the injured person to choose between the law at the place of the harmful event and the law at the place of direct damage. Specific problems occur at the interface between private and public law when the tortfeasor is a public authority, when it comes to compensation for purely ecological damage, or when the harmful behavior was in compliance with applicable standards or was even authorized.
subject: Dossier II
  topic: section
subject: Transboundary Water Pollution
  topic: keywords
subject: Conflict of Laws
  topic: keywords
subject: International Tort Law
  topic: keywords
subject: Ecological Damage
  topic: keywords
subject: Sovereign Immunity
  topic: keywords
subject: Foreign Administrative Authorizations
  topic: keywords
subject: International Private Law
  topic: disciplines
creator: Peter Jung
rights: Copyright (c) 2025 Peter Jung https://creativecommons.org/licenses/by-nc/4.0
date: 2025-11-27
publication date: 2025-11-27
starting page: 11
ending page: 11
doi: 10.18272/iu.i36.3970

Comparing IWRM Reporting: Can a Context-Specific Framework be Translated into a Universal Standard?
type: item
description: This paper critically examines the implementation of Integrated Water Resource Management (IWRM) as prescribed by Sustainable Development Goal 6. Despite its recognition as an essential solution to unsustainable water practices, progress has stagnated, with only 57% global implementation reported by 2023. This paper argues that the standardization of IWRM may conceal the complexities of water management across various contexts. An analysis of IWRM's evolution, evaluation metrics, and case studies of France, the United States, and Ecuador reveals how universal benchmarks may favor specific governance structures, leading to misleading assessments of progress and effectiveness in water management.
subject: Dossier II
  topic: section
subject: Integrated Water Resources Management
  topic: keywords
subject: Universal Standards
  topic: keywords
subject: Governance Structures
  topic: keywords
subject: Implementation
  topic: keywords
subject: Environmental Law
  topic: disciplines
subject: Water Law
  topic: disciplines
subject: International Law
  topic: disciplines
creator: Christopher Dalbom
creator: Katherine Moreland
rights: Copyright (c) 2025 Christopher Dalbom, Katherine Katherine https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-04
publication date: 2025-12-04
starting page: 11
ending page: 11
doi: 10.18272/iu.i36.3976

Water and Civil Liability: The Importance of Procedural Aspects
type: item
description: Water and civil liability have a conflicting relationship. French civil liability does not distinguish between the nature of the damage suffered. However, water occupies a special place in French law. This study shows that civil liability law should create a legal regime for water.
subject: Dossier II
  topic: section
subject: Water
  topic: keywords
subject: Civil Liability
  topic: keywords
subject: French Law
  topic: keywords
subject: Belgian Law
  topic: keywords
creator: Anthony Tardif
rights: Copyright (c) 2025 Anthony Tardif https://creativecommons.org/licenses/by-nc/4.0
date: 2025-11-27
publication date: 2025-11-27
starting page: 9
ending page: 9
doi: 10.18272/iu.i36.3973

The Transactional Profile as an Element of Operational Risk. Does it Protect the Rights of the Financial User?
type: item
description: The entities that make up the public and private financial sector subject to the control of the Superintendency of Banks are under the regulatory obligation to apply certain guidelines in order to protect the interests of their users when they carry out transactions through electronic channels. Among them, they must verify that their transactions they fit the transactional profile, otherwise they must block them ipso facto as a precaution, without the consumer's consent. The article analyzes whether such unilateral blocking actually protects the rights of the financial user or detracts from them; it also examines whether there is legal certainty as to what is to be understood by the transactional profile. It is concluded that both the norm and the Resolutions of the Control Organism tend to the indetermination of the transactional profile, which does not protect the rights of the financial user as a consumer.
subject: Dossier I
  topic: section
subject: Transactional Profile
  topic: keywords
subject: Financial User
  topic: keywords
subject: Electronic Transactions
  topic: keywords
subject: Legal Security
  topic: keywords
subject: Banking Law
  topic: disciplines
creator: Iván Rodrigo Avalos Barreno
rights: Copyright (c) 2025 Iván Rodrigo Avalos Barreno https://creativecommons.org/licenses/by-nc/4.0
date: 2025-11-13
publication date: 2025-11-13
starting page: 10
ending page: 10
doi: 10.18272/iu.i36.3925

Artificial Intelligence in the Ecuadorian Financial System: A Regulation Still Pending
type: item
description: The incorporation of artificial intelligence (AI) into Ecuador’s financial system poses significant regulatory challenges. Although the national banking sector is heavily regulated in terms of security and consumer protection, there are no specific provisions regarding the use of AI. This article, through a normative-comparative approach, analyzes regulatory experiences from the European Union, the United States, the United Kingdom, and Hong Kong, together with guidelines from the International Monetary Fund (IMF) and the Bank for International Settlements (BIS). The central question is how to adapt these international standards to the Ecuadorian legal-financial context. It concludes that the existing regulatory framework provides a solid foundation but must be complemented with specialized directives to ensure transparency, accountability, and security in the use of financial algorithms.
subject: Dossier I
  topic: section
subject: Artificial Intelligence
  topic: keywords
subject: Banking Regulation
  topic: keywords
subject: Technological Supervision
  topic: keywords
subject: Digital Ethics
  topic: keywords
creator: Tamara Maldonado Arizaga
rights: Copyright (c) 2025 Tamara Maldonado Arizaga https://creativecommons.org/licenses/by-nc/4.0
date: 2025-11-27
publication date: 2025-11-27
starting page: 22
ending page: 22
doi: 10.18272/iu.i36.3940

Regulating and Supervising Fintech in Brazil: Insights from the Central Bank Experience and Emerging Challenges
type: item
description: Brazil’s rapidly expanding fintech sector has led the Central Bank of Brazil (BCB) to implement an adaptive regulatory approach. This article analyzes how the BCB has addressed the challenges of fintech growth by modernizing regulation and strengthening its risk-based supervisory framework. The findings indicate that proportional, principles-based, and adaptive regulation, combined with innovative initiatives, can enhance financial inclusion while preserving stability and consumer protection. However, the experience also reveals ongoing challenges, including emerging risks and capacity constraints. The Brazilian case offers analytical insights for other emerging economies seeking to balance innovation, inclusion, and financial stability within a coherent regulatory and supervisory framework.
subject: Dossier I
  topic: section
subject: Fintech
  topic: keywords
subject: Financial supervision
  topic: keywords
subject: Financial inclusion
  topic: keywords
subject: Regulation
  topic: keywords
subject: Consumer protection
  topic: keywords
subject: Brazil
  topic: keywords
subject: Banking Law
  topic: disciplines
subject: Financial Law
  topic: disciplines
subject: Law and Technology
  topic: disciplines
subject: Law and Economics
  topic: disciplines
creator: Flávio Almeida Paolinelli de Castro
rights: Copyright (c) 2025 Flavio Almeida Paolinelli de Castro https://creativecommons.org/licenses/by-nc/4.0
date: 2025-11-26
publication date: 2025-11-26
starting page: 17
ending page: 17
doi: 10.18272/iu.i36.3924

Compliance Programs as Mitigating and Exempting Factors for Corporate Criminal Liability: A Comparative Analysis
type: item
description: The Compliance program, or corporate compliance program, is presented as a key strategy in the legal-penal field to prevent crimes such as corruption and money laundering. This set of policies and procedures aims for companies to implement internal mechanisms that ensure regulatory compliance and self-regulation. Unlike other countries such as Spain and Chile, where Compliance can exempt from criminal liability, in Ecuador it is only considered a mitigating factor. This lack of clear regulation limits the program's effectiveness and generates legal uncertainty. It is essential for Ecuador to adapt its legislation to recognize Compliance as an integral tool that not only prevents crimes but also provides legal protection to organizations acting in good faith.
subject: Miscellaneous
  topic: section
subject: Comparative Law
  topic: keywords
subject: Mitigating Circumstances
  topic: keywords
subject: Compliance Program
  topic: keywords
subject: Criminal Liability
  topic: keywords
subject: Companies
  topic: keywords
subject: Comparative Law
  topic: disciplines
creator: Carla Argudo Coronel
creator: Karen Andrea Abad Matute
creator: Cristian Andrés Palacios Rodas
rights: Copyright (c) 2024 Carla Argudo Coronel, Karen Andrea Abad Matute, Cristian Andrés Palacios Rodas https://creativecommons.org/licenses/by-nc/4.0
date: 2024-12-20
publication date: 2024-12-20
starting page: 16
ending page: 16
doi: 10.18272/iu.i34.3281

Security as a complementary competence of Decentralized Autonomous Governments: Case of the Metropolitan District of Quito
type: item
description: The objective of the research is to determine the scope of security as a complementary competence of the Decentralized Autonomous Governments, with special attention to the Municipality of the Metropolitan District of Quito. The work is developed from a qualitative investigative approach, with main emphasis on the analysis and review of bibliographic and regulatory material. Based on the aforementioned review, it was possible to conclude that citizen security, although it is considered a competence of the GAD, is only at the level of prevention, so the actions that can be carried out are limited to public policies, plans or projects. In this sense, the Decentralized Autonomous Government of the Metropolitan District of Quito conceives in its regulations a Metropolitan System of Security and Citizen Coexistence, within the concurrent competence it has in matters of security. This work analyzes the reason for being and scope of the aforementioned competence and describes the system implemented by the GAD of the Metropolitan District of Quito.
subject: Dossier I
  topic: section
subject: Security
  topic: keywords
subject: Citizen
  topic: keywords
subject: Decentralization
  topic: keywords
creator: Cristina Escobar Montalvo
rights: Copyright (c) 2024 Cristina Escobar Montalvo https://creativecommons.org/licenses/by-nc/4.0
date: 2024-06-07
publication date: 2024-06-07
starting page: 15
ending page: 15
doi: 10.18272/iu.i33.3186

Dossier’s Presentation: The Challenges of Financial Regulation and Supervision in the Face of Polycrisis
type: item
description: The financial system performs a central economic and societal role by allocating capital to the productive sector and enabling individuals and firms to manage their financial resources. It does so by providing a wide range of financial products and services, including (i) credit products that finance the acquisition and production of goods and services; (ii) payment services allowing the circulation of funds across the economy; and (iii) investment products tailored to diverse risk profiles. As a result, the financial system is often regarded as the backbone of any economy and is therefore subject to extensive regulation and rigorous public oversight. Key policy objectives include preserving financial stability and soundness, protecting investors and consumers, and promoting competition and innovation. Several jurisdictions around the world have developed distinct regulatory mechanisms and toolkits to achieve these goals.
subject: Dossier I
  topic: section
subject: Financial Regulation
  topic: keywords
subject: Non bank financial intermediaries
  topic: keywords
subject: Artificial Intelligence
  topic: keywords
subject: Syndicated Loans
  topic: keywords
subject: Prudential Regulation
  topic: keywords
subject: Financial Markets
  topic: keywords
subject: Fintech
  topic: keywords
subject: Digital Finance
  topic: subjects
subject: Artificial Intelligence
  topic: subjects
subject: Risk Assesment
  topic: subjects
subject: Credit Provision
  topic: subjects
subject: Financial Law
  topic: disciplines
creator: Sebastian Correa Jiménez
creator: Ricardo Montalvo Lara
rights: Copyright (c) 2025 Sebastián Correa Jiménez, Ricardo Montalvo Lara https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-18
publication date: 2025-12-18
starting page: 7
ending page: 7
doi: 10.18272/iu.i36.4130

Is water a risk? Synthesis Report of the Water Risk Symposium (2024)
type: item
description: But what brings us together? The need to establish rules and principles of justice. This is what law has been all about for millennia: channelling human behaviour, organizing societies in space and time, anticipating risks. To pursue, in theory, an ideal of justice, and in practice, a more modest attempt to fight injustice.
subject: Reviews
  topic: section
subject: water
  topic: keywords
subject: law
  topic: keywords
subject: justice
  topic: keywords
subject: Environmental Law
  topic: disciplines
creator: Thomas Schellenberger
rights: Copyright (c) 2025 Thomas Schellenberger https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-19
publication date: 2025-12-19
starting page: 3
ending page: 3
doi: 10.18272/iu.i36.4118

Interview with Roberto Romero von Buchwald
type: item
description: In this interview, Roberto Romero von Buchwald, Superintendent of Banks of Ecuador, examines the main challenges currently faced by banking supervision within a context marked by technological transformation, financial globalization, and the need to reinforce systemic stability. He discusses the implementation of the Risk-Based Supervision model and the progressive adoption of international Basel III standards, emphasizing the relevance of institutional autonomy, technological investment, and international cooperation as key elements for effective and modern supervision. The conversation also reflects on the regulation of fintech entities and their potential to foster financial inclusion and literacy, as well as on the recent progress achieved in transparency, banking resolution, and financial governance. This interview provides a comprehensive perspective on the role of the Superintendency of Banks in strengthening a sound, innovative, and inclusive financial system that contributes to Ecuador’s sustainable economic development.
subject: Interviews
  topic: section
subject: Banking Supervision
  topic: keywords
subject: Basel III
  topic: keywords
subject: Fintech
  topic: keywords
subject: Financial Inclusion
  topic: keywords
subject: International Cooperation
  topic: keywords
subject: Financial Stability
  topic: keywords
creator: Andrés Villacís Fierro
rights: Copyright (c) 2025 Andrés Villacís Fierro https://creativecommons.org/licenses/by-nc/4.0
date: 2025-11-27
publication date: 2025-11-27
starting page: 5
ending page: 5
doi: 10.18272/iu.i36.4062

Principios de regulación financiera (versión al castellano, 2024), coordinada por Aurelio Gurrea Martínez. Editorial Heliasta, Buenos Aires
type: item
description: Principles of Financial Regulation is undoubtedly one of the most accomplished works on financial regulation in at least the last 10 years. This is hardly surprising, given that it was authored by several of the most prominent academics in the field: John Armour, Dan Awrey, Paul Davies, Luca Enriques, Jeffrey N. Gordon, Colin Mayer, and Jennifer Payne. Since its publication in 2016, it has become an essential and indispensable reference for students, academics, and professionals worldwide seeking a holistic and functional understanding of financial regulation.
subject: Reviews
  topic: section
subject: Regulation
  topic: keywords
subject: Finance
  topic: keywords
subject: Translation
  topic: keywords
subject: Banking
  topic: keywords
subject: Financial markets
  topic: keywords
creator: Ricardo Montalvo
rights: Copyright (c) 2025 Ricardo Montalvo https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-04
publication date: 2025-12-04
starting page: 5
ending page: 5
doi: 10.18272/iu.i36.4075

Excess Water: The Laws of Nature Serving the Control of Overflowing Rivers
type: item
description: Nature-based solutions can be implemented to combat flooding by harnessing the natural dynamics of rivers. The law can thus guarantee the movement of riverbeds, authorize over-flooding upstream to limit flooding downstream, require reforestation of mountains and prohibit clearing, and protect and require the restoration of wetlands. This involves allowing water to flow naturally and leaving or returning to the river its rightful space.
subject: Dossier II
  topic: section
subject: Watercourses
  topic: keywords
subject: Flood Prevention
  topic: keywords
subject: Nature-Based Solutions
  topic: keywords
subject: Temporary Retention Area
  topic: keywords
subject: Over-Flooding Area
  topic: keywords
subject: Environmental Law
  topic: disciplines
creator: Philippe Billet
rights: Copyright (c) 2025 Philippe Billet https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-19
publication date: 2025-12-19
starting page: 8
ending page: 8
doi: 10.18272/iu.i36.4019

New Hippos at the Water Hole: How Energy and Tech are Challenging Water Management
type: item
description: Big tech and climate change are transforming how and where people live and work. Artificial Intelligence, the internet and the search for climate-friendly fuels are moving at the speed of imagination. It may be uncertain how developments in those fields will actually change our lives, communities, and the world, but this much is certain: (1) They are going to be water dependent and (2) the laws and governance systems that regulate water are not ready to deal with the demands of these sectors. The technical and engineering aspects of making these activities more water-friendly are getting increased attention, but too little has been given to the legal implications of major new water users locating in already water-stressed areas. That needs to change if the hoped-for benefits of these innovations are to be realized and the worst of their impacts are to be avoided.
subject: Dossier II
  topic: section
subject: Water
  topic: keywords
subject: Law
  topic: keywords
subject: Energy
  topic: keywords
subject: Data Centers
  topic: keywords
subject: Governance
  topic: keywords
creator: Mark S. Davis
rights: Copyright (c) 2025 Mark S. Davis https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-05
publication date: 2025-12-05
starting page: 6
ending page: 6
doi: 10.18272/iu.i36.3975

Comparative Legal Analysis of the Regulation and Institutional Architecture of Deposit Insurance in Ecuador and Spain
type: item
description: Abstract This article offers a regulatory-legal analysis of the evolution of the bank deposit insurance system in Ecuador, both prior to and following the implementation of dollarization. It undertakes a comparative examination of the institutional and normative frameworks governing deposit insurance and bank resolution in Ecuador, juxtaposed with the corresponding legal structures of Spain and the European Union. Particular emphasis is placed on evaluating the recommendations issued by the International Monetary Fund’s Financial Sector Assessment Program (FSAP) for Ecuador, especially insofar as they relate to reforms intended to enhance the institutional design and normative efficacy of the deposit insurance scheme, with the overarching aim of preserving financial system stability.
subject: Dossier I
  topic: section
subject: Deposit insurance
  topic: keywords
subject: Dollarization
  topic: keywords
subject: FSAP
  topic: keywords
subject: IMF
  topic: keywords
subject: Ecuador
  topic: keywords
subject: Spain
  topic: keywords
subject: Bank deposit insurance
  topic: subjects
subject: Banking Law
  topic: disciplines
subject: Comparative Law
  topic: disciplines
creator: Galo Iván Verdesoto Jácome
rights: Copyright (c) 2025 Galo Iván Verdesoto Jácome https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-16
publication date: 2025-12-16
starting page: 15
ending page: 15
doi: 10.18272/iu.i36.3922

Dossier’s Presentation. Contemporary Criminality: Interdisciplinary Reflections on Criminology, Focused on Human Rights and Criminal Policy
type: item
description: Security is a central concern in the lives of citizens in Latin America. According to the Latinobarometer Report (2024), security is the second most pressing concern in Latin America, with 22% of respondents mentioning it, second only to the economy (42%). Furthermore, a study by Malamud and Nuñez (2024) indicates that more than 76% of the population fears becoming a victim of crime, reflecting the perception of increased crime among Latin Americans in recent years. This has led to a growing reliance by public authorities on control strategies and "wars" against crime, which have become central themes in recent election campaigns (InSight Crime, 2023a), as was the case in Ecuador and Mexico, countries where discussions about organized crime have shaped the presidential election agenda (InSight Crime, 2023b).
subject: Dossier I
  topic: section
subject: Contemporary criminology
  topic: keywords
subject: Criminal policy
  topic: keywords
subject: Human Rights
  topic: keywords
subject: Citizen Security
  topic: keywords
subject: Critical Criminology
  topic: keywords
subject: Contemporary criminology
  topic: subjects
subject: Human Rights
  topic: subjects
creator: Viviane Monteiro Santana García
rights: Copyright (c) 2025 Viviane Monteiro Santana García https://creativecommons.org/licenses/by-nc/4.0
date: 2025-06-19
publication date: 2025-06-19
starting page: 5
ending page: 5
doi: 10.18272/iu.i35.3906

The Legal Nature of the Plan of Reorganization Under Complex Social Systems Theory
type: item
description: This study analyzes the legal nature of insolvency pre-trial agreements, highlighting their importance in bankruptcy proceedings. Various doctrinal theories are explored, including contractualism, proceduralism, and legal obligation, each with its own arguments and criticisms. The paper emphasizes the need to understand the essence of the concordat to improve bankruptcy law and proposes a systemic and complex view that integrates legal, economic, and social aspects. This interpretation of the nature of the concordat seeks a comprehensive solution to business crises, beyond simple economic and financial imbalances.
subject: Miscellaneous
  topic: section
subject: Legal Nature
  topic: keywords
subject: Preventive Concordat
  topic: keywords
subject: Social System
  topic: keywords
subject: Law
  topic: disciplines
creator: Alexis Matías Marega
rights: Copyright (c) 2026 Alexis Matías Marega https://creativecommons.org/licenses/by-nc/4.0
date: 2026-03-04
publication date: 2026-03-04
starting page: 12
ending page: 12
doi: 10.18272/iu.i.3871

Criminological Reflections for the Transparency Society
type: item
description: Contemporary criminological knowledge is under siege by new techniques of social control. Additionally, Critical Criminology has failed to escape the impasse imposed by critiques from both left and right realism, which have labeled it as unfeasible in practice. This article aims to unveil current forms of power in order to lay the groundwork for a renewed criminological critique. As both metaphor and methodology, two episodes of the series Black Mirror are used to illustrate the possible implications of the transparency society on deviance and crime. In conclusion, the article outlines a sketch of what should converge into a Critical Criminology envisioned from the Global South.
subject: Dossier I
  topic: section
subject: Criminology
  topic: keywords
subject: Power
  topic: keywords
subject: Psychopolitics
  topic: keywords
creator: Adrián Alejandro Adrián Alejandro
rights: Copyright (c) 2025 Adrián Alejandro Adrián Alejandro https://creativecommons.org/licenses/by-nc/4.0
date: 2025-06-14
publication date: 2025-06-14
starting page: 10
ending page: 10
doi: 10.18272/iu.i35.3714

Decriminalization of Drug Addiction Through Psychiatric Evaluation, Presentation of Court Case
type: item
description: Drug possession and consumption constitute a public health problem and, at the same time, a factor of stigmatization when people with addictions are involved in criminal proceedings. In view of this fact, the justice system can seek psychiatric expertise to differentiate between a drug addict and a drug trafficker, thereby avoiding the criminalization of addiction, in accordance with the provisions of Article 364 of the Constitution of the Republic of Ecuador. The objective is to decriminalize and destigmatize consumption, prioritizing health treatment over a punitive approach. The hypothesis proposes that it is possible to scientifically explain how mental impairment directly influences culpability. The methodology used is qualitative and descriptive, based on the presentation of a court case.
subject: Miscellaneous
  topic: section
subject: Mental Disorder
  topic: keywords
subject: Addictions
  topic: keywords
subject: Attributable
  topic: keywords
subject: Expert Report
  topic: keywords
subject: Criminology
  topic: disciplines
creator: Ángela Damicela Salazar Díaz
rights: Copyright (c) 2026 Ángela Damicela Salazar Díaz https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-30
publication date: 2026-01-30
starting page: 12
ending page: 12
doi: 10.18272/iu.i37.3862