Law and Constitution

Derecho y Constitución

This paper analyses the application of the World Trade Organization (WTO) regulations in the framework of the Constitutional Court pronouncements in the Ruling C-750 and C-751 of 2008, and when correlating them with the doctrine, –especially Bobbio´s and Ferrajoli´s doctrine- gives rise to developing the thesis of Colombia’s crisis against the strengthening of the private. It is evident that the public international law has been leaving room for the private international law; this supposition is found in the analysis of the clause twenty-one of the Free Trade Agreement (FTA) signed by Colombia and the United States of America, which opposes The Constitution of Colombia, particularly in the articles 2, 9, 13, 29, 116, 226, 227 and 228; however the Court, during the constitutional review, will declare as constitutional the law that approved the agreement. At the same time, for the application of the WTO regulations in Colombia, the discussion is open to present innovative alternatives in order to achieve new developments in law that will allow the strengthening of the public sphere.