https://revistas.uexternado.edu.co/index.php/contexto/issue/feedCon-texto2025-07-04T18:00:32-05:00Daniel Alejandro Monroy daniel.monroy@uexternado.edu.coOpen Journal Systems<p>The Department of Economic Law of Externado University aims to encourage the development of research in topics relevant to law and economics in both a national and international environment.</p> <p> </p> <p>This is with particular reference to academic articles focusing upon fast emerging and changing areas of important legal topics such as: Law and Economics, Competition and Consumer Financial and Capital markets, Utilities, amongst others. The Department publishes twice a year a journal entitled Contexto: Revista de Derecho y Economía (ISSN impreso: 0123-6458; ISSN digital: 2346-2078) as a contribution to the discussion of issues of law and economics with contributions from national and international authors.</p>https://revistas.uexternado.edu.co/index.php/contexto/article/view/10623Nota editorial 2025-07-04T15:24:41-05:00Daniel Alejandro Monroy daniel.monroy@uexternado.edu.co2025-07-04T00:00:00-05:00Copyright (c) 2025 Daniel Alejandro Monroy https://revistas.uexternado.edu.co/index.php/contexto/article/view/10625The Principle of Budgetary Annuality: A Critical Analysis of Its Legal and Political Doctrine 2025-07-04T15:27:33-05:00Laura María Castañeda Núñez laurisca06@hotmail.comJuan Camilo Rojas Arias camilor99@hotmail.com<p>This paper aims to present an analysis of the principle of budgetary annuality from a dogmatic perspective, in relation to the prerogatives involved in the execution of the public budget. The objective is to highlight the principle’s particularities and essential characteristics in light of the constitutional and budgetary legal framework, in order to clarify its scope and limits as a budgetary principle in Colombia. It thus seeks to offer an academic dissertation that, by transcending traditional legal analysis, explores the multifaceted nature of the principle of annuality and its profound impact on public management and Colombian society, inviting critical reflection on its validity and possible optimizations. Both its theoretical justification and the inefficiencies that its application can generate will be examined, in order to contribute substantial elements to the debate on the modernization and effectiveness of public finance in the country.</p>2025-07-04T00:00:00-05:00Copyright (c) 2025 Laura María Castañeda Núñez , Juan Camilo Rojas Arias https://revistas.uexternado.edu.co/index.php/contexto/article/view/10626Strategies to Mitigate the Negative Effects of Displacement Caused by Tourism Gentrification in Colombia2025-07-04T15:31:34-05:00Adolfo Cueto Castro cuetoadolfo906@gmail.comRossana Peña Zambrano rossanapenaz24@gmail.com<p>This paper examines how the rise of tourism –one of the most significant sectors of the national economy– has transformed the social and commercial structure of areas with high tourist activity, leading to the displacement of original residents. This process is known as tourism gentrification. The aim of the study is to identify measures that can mitigate the negative impacts of this phenomenon without hindering the development of tourism, a key driver of economic growth in the country. A qualitative methodology with an explanatory approach was employed, grounded in the analysis of doctrinal and socio-legal texts. Based on the Colombian context, the paper proposes three main strategies to reduce displacement caused by tourism gentrification: managing the rent gap, regulating digital platforms such as Airbnb, and implementing the “15-minute city” model. Together, these measures seek to balance the economic benefits of tourism with the protection of original residents’ rights, thereby minimizing the adverse effects of population displacement.</p>2025-07-04T00:00:00-05:00Copyright (c) 2025 Adolfo Cueto Castro , Rossana Peña Zambrano https://revistas.uexternado.edu.co/index.php/contexto/article/view/10627Analysis of the Incentives for Adopting Compliance Programs in Competition Matters In Colombia 2025-07-04T15:35:35-05:00Ángel Madiedo Grados angelmadiedo53@gmail.comSamuel Vanegas Mejíasvanegasm@unicartagena.edu.co<p>Article 333 of the 1991 Colombian Constitution enshrines special protection for the right to free competition. To fulfill this constitutional mandate, the law entrusted the Superintendence of Industry and Commerce (SIC) with the authority to investigate and sanction anticompetitive behavior. However, an effective competition policy cannot rely solely on the State’s punitive powers; it also requires preventive mechanisms. One such mechanism is compliance, understood as a form of self-regulation aimed at detecting, preventing, and avoiding anticompetitive practices. Although there are doubts regarding the existence of sufficient incentives to adopt compliance programs, the SIC has actively promoted their implementation in the field of competition law. This article seeks to examine whether the incentives offered by formal institutions in Colombia to encourage the adoption of compliance programs in competition law are adequate or, conversely, limited. The analysis finds that, despite the existence of certain benefits, these are insufficient. Consequently, the article concludes that it is necessary to assess the introduction of additional incentives, such as the reduction or exemption of fines for companies that have a compliance system in place at the time of the infringement.</p>2025-07-04T00:00:00-05:00Copyright (c) 2025 Ángel Madiedo Grados , Samuel Vanegas Mejíahttps://revistas.uexternado.edu.co/index.php/contexto/article/view/10628A Reflection on Waste Management Regulation in Colombia: The Galton Board and Flexible Regulations 2025-07-04T17:34:30-05:00Lourdes Díaz-Monsalvo lourdes.diaz.monsalvo@gmail.com<p>This paper seeks to answer the question: How does the waste management tariff framework affect the constitutional principles of free enterprise, fundamental rights, and the protection of subjects of special constitutional concern (namely, waste pickers and the environment)? It approaches the issue from the perspective that Colombia’s sanitation sector regulation perpetuates inequality for waste pickers, as the actual regulatory framework prioritizes securing the income of service providers rather than recognizing the full value of waste recovery activities or the payment capacity of those receiving this “essential service.” Thus, the article examines how the current regulation undermines the livelihood of subjects of special protection, distorts the balance sought by state intervention in the economy (not only failing to achieve it but exacerbating economic asymmetries), and contributes to the broader social consequences of wealth accumulation.</p>2025-07-04T00:00:00-05:00Copyright (c) 2025 Lourdes Díaz-Monsalvo https://revistas.uexternado.edu.co/index.php/contexto/article/view/10629The Revocation of the Registration of Electoral Candidacy: An Opportunity for the Application of Law and Economics and Responsive Regulation in Electoral Law2025-07-04T17:40:27-05:00Juan Manuel Martínez Rivera jmmr92@hotmail.comKevin Stuart King Pulidokevin.stuart.k@gmail.com<p> In this work, an investigation was carried out that, through the Law and Economics approach and the theory of regulation, tried to determine the structure of incentives offered by the design and application of the revocation of the registration of the candidacy, implementing not only a study of the current regulations, we also performed the analysis of a sample of the various decisions adopted by the National Electoral Council in relation to the controversial candidacies in the framework of two elections to the Congress of the Republic of Colombia. As a result of the problems evidenced about the granting of electoral support by political parties and movements in Colombia, alternatives of regulation and self-regulation are proposed that are based on an explanatory model designed to contribute to the understanding of the empirical reality observed in decision-making within political organizations, a scenario scarcely studied from the Law and Economics approach and the theory of regulation in Colombia.</p>2025-07-04T00:00:00-05:00Copyright (c) 2025 Juan Manuel Martínez Rivera , Kevin Stuart King Pulidohttps://revistas.uexternado.edu.co/index.php/contexto/article/view/10630The Government Procurement Agreement: A Plurilateral tool for the Pursuit of Good Governance 2025-07-04T17:47:10-05:00Valentina Botello León valentinabotello4@gmail.com<p>The GPA 2012 establishes good governance among its main objectives, including multiple tools to promote it. The plurilateral tools contained in the GPA 2012 to encourage good governance cover the obligation of non-discrimination, transparency requirements, procedural conditions in the pre-bidding, bidding and post-bidding phase, and the promotion of the use of electronic means for public procurement. These tools are contained in the GPA 2012 as a way to fight against situations of corruption or lack of competition that affect the ideal standards of governance in the framework of public procurement processes carried out by public entities. The GPA 2012 is a plurilateral agreement, meaning that the good governance obligations and incentives contained therein will only apply to WTO members that have explicitly expressed their willingness to accede to the instrument. Correspondingly, other WTO members will not acquire any obligations in this regard. The effectiveness of the 2012 GPA, as a plurilateral treaty, will therefore be strictly limited by the instrument’s membership. This membership is currently mostly composed of WTO members with higher good governance indices, while those WTO members with high corruption indices have not acceded to the GPA 2012. For this reason, the GPA 2012 has incentives for developing WTO members to initiate the process of accession to the instrument and thus further extend good governance in international public procurement.</p>2025-07-04T00:00:00-05:00Copyright (c) 2025 Valentina Botello León https://revistas.uexternado.edu.co/index.php/contexto/article/view/10631The Principle of Economy in Colombian Public Procurement: Analysis of Jurisprudence and Its Alignment with Economic Theory 2025-07-04T17:51:37-05:00Laura Victoria Cabarcas Rodríguez laura.cabarcas@est.uexternado.edu.coKaleb Gabriel Buitrago Sierra kaleb.buitrago@est.uexternado.edu.co<p>State contracting in Colombia is a key mechanism for economic and social development, as it enables the execution of large infrastructure projects and strengthens essential sectors such as health, education, and commerce. This mechanism is governed by several principles established in regulations, among which the principle of economy stands out, directly influencing the planning and execution of state contracts. Understanding its scope and meaning is essential to ensuring the efficient management of contractual processes. This paper analyzes and contrasts the principle of economy from two perspectives: economic literature and the case law of the Consejo de Estado. Through this comparison, it assesses whether the legal interpretation aligns with or diverges from economic theory, aiming to provide a comprehensive and precise understanding of the concept in the field of government contracting. The study concludes that, although case law is based on sound economic principles, it sometimes misapplies the scope of the principle of economy, which can lead to adverse effects on state contracting.</p>2025-07-04T00:00:00-05:00Copyright (c) 2025 Laura Victoria Cabarcas Rodríguez , Kaleb Gabriel Buitrago Sierra https://revistas.uexternado.edu.co/index.php/contexto/article/view/10622Constitucionalismo y regulación: un debate pendiente2025-07-04T15:22:27-05:00Daniel Alejandro Monroydaniel.monroy@uexternado.edu.co2025-07-04T00:00:00-05:00Copyright (c) 2025 Daniel Alejandro Monroy