Trasplantes jurídicos en la era global: análisis de los efectos de la implementación de la gobernanza regulatoria en Colombia

Abstract

In the last few years, globalization, new systems of government under governance schemes and the growth of international power networks have led to a change in the role of the traditional State, thus generating a mutation in the functions and form of performance the power that once characterized it. One of the trends that has taken force is the regulatory governance, promoted mainly by international organizations such as Organization for Economic Cooperation and Development, which are committed to the modification of national legal systems in search of market liberalization, self-control of industries and privatization of the provision of services of general public interest. To achieve these objectives, different actors of the global scenario have insistently promoted the use of legal transplants, seeking that states around the World hold government policies that are standardized and apparently efficient, which manage to generate the necessary environments for a strong international market and a form of governing power that applies governance theories such as those of the New Public Management or regulation. This article examines theoretically the concepts proposed, arguing that the implementations that Colombia has made of the OCDE recommendations under de logics of regulatory governance could be considered failed legal transplants, for not considering elements of social essence and of the legal culture of the State at the time of making the legislation incorporation into the national scheme. In the last chapter, i analyze the case of the Price Framework Agreements managed by Colombia Compra Eficiente, as a transplanted inclusion of the recommendations of the Organization for Economic Cooperation and Development, explaining the particular implications in the current social organization of the country.