Influence of the FTA with the United States on Changes in the Scope of the Concept of Public Policy The Renounceability of So-called “Commercial Severance Pay”
Keywords:
commercial agency agreement, Free Trade Agreement, public policy, commercial severance pay, private autonomy, anti-formalism, formalism, adjudicationAbstract
The influence of the commitments acquired by Colombia under its Free Trade Agreement (FTA) with the United States is analyzed in light of a ruling handed down on October 19, 2011 by the Civil Chamber of the Supreme Court Justice concerning a change in the scope of the concept of public policy, which served as the main argument to determine the renounceability of the benefit established in the first paragraph of Article 1324 in the Commercial Code. To that end, the analysis in this article is based on the “law and how-I-want-it-to-come-out” thinking developed by Professor Duncan Kennedy in his book Freedom and Constraint in Adjudication.
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