Papers by Paulette Baeriswyl
Normas Indígenas Constitucionales en el borrador de la Constitución 2022 Chile, 2022
Este documento fue elaborado por la Plataforma Constitucional indígena-PNUD, asesores de la Conve... more Este documento fue elaborado por la Plataforma Constitucional indígena-PNUD, asesores de la Convención Constitucional de Chile y ayudante de la Universidad Diego Portales, y tiene por objeto presentar las normas aprobadas y que son parte del primer borrador de Nueva Constitución de Chile relacionadas con derecho indígena. Cada norma fue agrupada según el derecho o principio al que corresponde en una estructura que la define en base a la conceptualización otorgada por la doctrina académica y los instrumentos internacionales de los derechos humanos, describe el origen de la normativa en base a una trazabilidad de propuestas normativas de las Iniciativas Constitucionales y la consulta indígena.
The ideologists behind the idea of a Confederation on the American Continent, 2020
Parallel to the emancipatory process of the Spanish colonies and creation of constitutional repub... more Parallel to the emancipatory process of the Spanish colonies and creation of constitutional republics in the Americas in 19th century, ideas about a confederation of independent states were forming. The
forerunner, Francisco de Miranda, was inspiring generations with his global vision of the new nations and the creation of a great
state from the Mississippi River to Cape Horn. In Chile, Juan Egaña raised the need for an American Union through an amphictyonic congress, with national governments defining its functions and powers. Decades later, the same ideas continued to be supported by Andrés Bello in Chile. The cornerstone is undoubtedly Simón Bolívar, who
organized the Panama Congress of 1824, and thanks to his unmatched leadership, achieved a multilateral treaty with a supranational body, a unique feat in the continent at that time. Despite being considered a failure regarding the lack of subsequent ratifications, the Panama Congress did mark the beginning of intermittent international conferences that allowed for the fostering of original international legal principles in the region. The ideas of confederation are framed by the jurist, Alejandro Álvarez, in the “Egaña-Bolívar” Doctrine, which is a founding part of the so-called American School of International Law.
The Development of Universal Human Rights Law: Latin American Collaboration as Key Determinants to the International Historical Legal Process, 2018
The most wel l-known historical
perspective regarding the preparation
of the universal system of ... more The most wel l-known historical
perspective regarding the preparation
of the universal system of human rights
established after the Second World War
by the United Nations only focuses on the
work by European lawyers and disregards
the important contribution of Latin
America. The purpose of this work is to
identify the interaction and contribution
made by the American Continent regarding
the current universal system of human
rights. One of the triggering factors was
the independence of America, which
inf luenced the regional development of
doctrines and principles of the international
law. A second stage is the spreading of the
international Latin American Law which
began with The Hague Peace Conference, which, for the f irst time, allowed the
participation of publicists from non-
European countries to participate in the
creation of binding rules of international
law. Finally, we mention the work by the
American Institute of International Law,
co-founded by Chilean Alejandro Álvarez,
whose publications directly influenced the
American Declaration on the Rights and
Duties of Man, which in turn was used as
a source for the United Nations Universal
Declaration of Human Rights.
Talks by Paulette Baeriswyl
Comundo Filmtage Menschenrechte, 2022
Mit Maritza Le Breton, Prof. Dr. phil. Professorin im Schwerpunkt «Menschen im Kontext von Migrat... more Mit Maritza Le Breton, Prof. Dr. phil. Professorin im Schwerpunkt «Menschen im Kontext von Migration und Geschlechterverhältnissen» am Institut Integration und Partizipation der Hochschule für Soziale Arbeit FHNW | Paulette Baeriswyl, Doktorandin, Juristin und Anwältin, Universität Zürich | Moderation: Andreas Zumach, Völkerrechts- und Menschenrechtsexperte und UNO-Berichterstatter
Autochthonous Imagination Ateliers: Workshop series, University of Zurich , 2022
Principles plurinatio nality and intercultu rality Form of State "Article 1. Chile is a social an... more Principles plurinatio nality and intercultu rality Form of State "Article 1. Chile is a social and democratic state under the rule of law. It is plurinational, intercultural, regional and ecological (…)" Constitutional Principles Plurinationali ty "Article 5. Chile recognizes the coexistence of diverse peoples and nations within the framework of the unity of the State. Pre-existing Indigenous peoples and nations include the Mapuche, Aymara, Rapanui, Lickanantay, Quechua, Colla, Diaguita, Chango, Kawésqar, Yagán, Selk'nam and others that may be recognized in the manner established by law (…)" Political System Interculturali ty "Article 11. The State recognizes and promotes intercultural, horizontal and transversal dialogue among the diverse cosmovisions of the peoples and nations that coexist in the country, with reciprocal dignity and respect. The exercise of public functions must guarantee institutional mechanisms and the promotion of public policies that favor the recognition and understanding of ethnic and cultural diversity, overcoming existing asymmetries in the access, distribution and exercise of power, as well as in all areas of life in society."
Conference Presentations by Paulette Baeriswyl
17th Conference of the International Society for Utilitarian Studies. Celebrating the 15th anniversary of the publication of Henry Sidgwick´s The Methods of Ethics, 2024
As a law student, Jeremy Bentham was interested in colonial questions, addressing these topics ei... more As a law student, Jeremy Bentham was interested in colonial questions, addressing these topics either indirectly or in chapters throughout his work. In addition to moral judgments of colonialism, he provided consistent financial arguments.
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Papers by Paulette Baeriswyl
forerunner, Francisco de Miranda, was inspiring generations with his global vision of the new nations and the creation of a great
state from the Mississippi River to Cape Horn. In Chile, Juan Egaña raised the need for an American Union through an amphictyonic congress, with national governments defining its functions and powers. Decades later, the same ideas continued to be supported by Andrés Bello in Chile. The cornerstone is undoubtedly Simón Bolívar, who
organized the Panama Congress of 1824, and thanks to his unmatched leadership, achieved a multilateral treaty with a supranational body, a unique feat in the continent at that time. Despite being considered a failure regarding the lack of subsequent ratifications, the Panama Congress did mark the beginning of intermittent international conferences that allowed for the fostering of original international legal principles in the region. The ideas of confederation are framed by the jurist, Alejandro Álvarez, in the “Egaña-Bolívar” Doctrine, which is a founding part of the so-called American School of International Law.
perspective regarding the preparation
of the universal system of human rights
established after the Second World War
by the United Nations only focuses on the
work by European lawyers and disregards
the important contribution of Latin
America. The purpose of this work is to
identify the interaction and contribution
made by the American Continent regarding
the current universal system of human
rights. One of the triggering factors was
the independence of America, which
inf luenced the regional development of
doctrines and principles of the international
law. A second stage is the spreading of the
international Latin American Law which
began with The Hague Peace Conference, which, for the f irst time, allowed the
participation of publicists from non-
European countries to participate in the
creation of binding rules of international
law. Finally, we mention the work by the
American Institute of International Law,
co-founded by Chilean Alejandro Álvarez,
whose publications directly influenced the
American Declaration on the Rights and
Duties of Man, which in turn was used as
a source for the United Nations Universal
Declaration of Human Rights.
Talks by Paulette Baeriswyl
Conference Presentations by Paulette Baeriswyl
forerunner, Francisco de Miranda, was inspiring generations with his global vision of the new nations and the creation of a great
state from the Mississippi River to Cape Horn. In Chile, Juan Egaña raised the need for an American Union through an amphictyonic congress, with national governments defining its functions and powers. Decades later, the same ideas continued to be supported by Andrés Bello in Chile. The cornerstone is undoubtedly Simón Bolívar, who
organized the Panama Congress of 1824, and thanks to his unmatched leadership, achieved a multilateral treaty with a supranational body, a unique feat in the continent at that time. Despite being considered a failure regarding the lack of subsequent ratifications, the Panama Congress did mark the beginning of intermittent international conferences that allowed for the fostering of original international legal principles in the region. The ideas of confederation are framed by the jurist, Alejandro Álvarez, in the “Egaña-Bolívar” Doctrine, which is a founding part of the so-called American School of International Law.
perspective regarding the preparation
of the universal system of human rights
established after the Second World War
by the United Nations only focuses on the
work by European lawyers and disregards
the important contribution of Latin
America. The purpose of this work is to
identify the interaction and contribution
made by the American Continent regarding
the current universal system of human
rights. One of the triggering factors was
the independence of America, which
inf luenced the regional development of
doctrines and principles of the international
law. A second stage is the spreading of the
international Latin American Law which
began with The Hague Peace Conference, which, for the f irst time, allowed the
participation of publicists from non-
European countries to participate in the
creation of binding rules of international
law. Finally, we mention the work by the
American Institute of International Law,
co-founded by Chilean Alejandro Álvarez,
whose publications directly influenced the
American Declaration on the Rights and
Duties of Man, which in turn was used as
a source for the United Nations Universal
Declaration of Human Rights.