https://revistas.ucasal.edu.ar/index.php/TH/issue/feed Themis 2025-11-25T10:47:37-03:00 Mg. Victor F. Toledo revistathemis@ucasal.edu.ar Open Journal Systems <p>Themis (ISSN 3072-7162) es la revista académica de la Facultad de Ciencias Jurídicas de la Universidad Católica de Salta, Argentina, creada en el año 2024 y publicada en la órbita de la Facultad a partir de las contribuciones intelectuales que aportan los estudiantes de las carreras.</p> https://revistas.ucasal.edu.ar/index.php/TH/article/view/756 Principles of Environmental Democracy in the Advisory Opinion of the Inter-American Court of Human Rights on Climate Emergency and Human Rights 2025-11-25T10:47:35-03:00 Martin Cabrera Mirassou mcabreramirassou@ucasal.edu.ar <p>This commentary describes the advisory opinion on climate emergency and human rights issued by the Inter-American Court of Human Rights. The court opinion constitutes a significant answer to one of the subjects that most impacts nature and people. The opinion addresses fundamental issues of climate change and its risks in the fulfillment of human rights, and establishes rigorous obligations for states. Focus is placed on the development of the principles of environmental democracy in relation to climate change. Taking into consideration the relation and complementarity between the provisions of the American Convention on Human Rights, the San Salvador Protocol, and the Escazú Agreement, the commentary focuses on the role of the rights of access to environmental information, public participation in the environmental decision-making process, and access to justice and its application in the context of the climate emergency.</p> 2025-11-25T10:42:31-03:00 Copyright (c) 2025 Themis https://revistas.ucasal.edu.ar/index.php/TH/article/view/765 To develop legal reasoning from the dissent 2025-11-25T10:47:35-03:00 Mariano Abeyá marianoabeya@hotmail.com <p>This jurisprudential analysis focuses on a recent ruling by the Supreme Court of Justice of the Nation, dated October 30, 2024, in the case titled “Moliné O’Connor, Eduardo José A. c/Estado Nacional – Ministerio de Desarrollo Social – resol.&nbsp;3085/04 219/05 (dto.&nbsp;1319/05) s/proceso de conocimiento.” The ruling raises a substantive issue of serious institutional significance, which is both complex and troubling, as it affects the separation of powers and the republican system of government. This paper examines the majority opinion and the interpretative methods applied in what appears, at first glance, to be a straightforward case but which—through the reasoning set out in the dissenting opinion—emerges as a complicated case with implications for the separation of powers, judicial independence, and the republican form of government.</p> 2025-11-25T10:43:17-03:00 Copyright (c) 2025 Themis https://revistas.ucasal.edu.ar/index.php/TH/article/view/736 Argentina and its pending subject: cybersecurity 2025-11-25T10:47:36-03:00 Gonzalo Emanuel Molinati gonzamolinati@gmail.com <p>This paper analyzes how the rapid advancement of technology has generated new forms of criminality that go beyond the scope of the Argentine Criminal Code, revealing critical regulatory gaps. Through concrete cases and up-to-date statistics, it exposes the insufficiency of the current legal framework, the lack of preparedness, and the weakness of public policies. It also addresses the complex debate surrounding anonymity in digital networks, defending its relevance as an essential democratic guarantee for the protection of freedom of expression, especially in contexts of vulnerability and political dissent. It warns that simplistic attempts to eliminate anonymity may have negative consequences for fundamental rights.</p> <p>The paper argues that criminal law must be reformed to meet the challenges of digital crime through dynamic legislation, strengthened institutions, international cooperation, and sustained public policies. However, the approach is taken from the field of criminal law and criminal policy, without aiming to cover the technical aspects specific to computer science or cybersecurity.</p> <p>The sources used—normative, jurisprudential, doctrinal, and journalistic—come from public documents, reputable media outlets, academic publications, and official records.</p> <p><br><br></p> 2025-11-25T10:44:37-03:00 Copyright (c) 2025 Themis https://revistas.ucasal.edu.ar/index.php/TH/article/view/786 Relevance of field research in academic training, strengthening students’ research skills 2025-11-25T10:47:36-03:00 Magdalena Muela muelamagdalena@yahoo.com.ar <p>This study investigates the critical role of academic fieldwork in student research preparation. Through comprehensive analysis, we examine how field-based learning experiences enable knowledge application, methodological competency development, ethical reasoning, and effective scientific communication. Our findings highlight the essential contribution of fieldwork to professional and research capacity building in academic contexts.</p> 2025-11-25T10:44:57-03:00 Copyright (c) 2025 Themis https://revistas.ucasal.edu.ar/index.php/TH/article/view/762 La The Falklands War : A study of its causes from Kenneth Waltz's three images of International Relations 2025-11-25T10:47:36-03:00 José Maria Loriente Aznar jose.lorienteaznar@bue.edu.ar <p>This article aims to analyze the causes of the Falklands War from the perspective of the three images of international relations enunciated by Kenneth Waltz in his 1959 work, <span style="font-style: normal !msorm;"><em>Man, State, and War: A Theoretical Analysis</em></span>. According to his theory, these causes are to be found in human nature, the internal structure of the states involved, and the international system.</p> 2025-11-25T10:45:19-03:00 Copyright (c) 2025 Themis https://revistas.ucasal.edu.ar/index.php/TH/article/view/782 The consequences of the 2007 cyber-attacks in Estonia for the cyber defense of the North Atlantic Treaty Organization during the period 2007 to 2017 2025-11-25T10:47:37-03:00 María Virginia Rueda mariavirginiarueda@gmail.com <p>This article analyzes how the cyberattacks that occurred in the Republic of Estonia in 2007 motivated NATO to create a cyber defense policy that could protect and defend both the Alliance and its member states.</p> <p>The importance NATO placed on the creation, development, and implementation of a cyber defense policy was evident when the events unfolded, as it became clear that NATO did not have a policy in place to respond to these events. Although various summits had simply mentioned the danger of cyberattacks, there was no policy in practice.</p> <p>Therefore, from then on, each of the decisions taken was&nbsp;specified in the texts issued by the Alliance Summits, as well as in other important documents also created during the period analyzed, that is, from 2007 to 2017.</p> <p><br style="font-weight: 400;"><br style="font-weight: 400;"></p> 2025-11-25T10:45:44-03:00 Copyright (c) 2025 Themis