Code of Ethics and Conflict of Interest

Code of Ethics

San Andrés University Law Review

Introduction

The San Andrés University Law Review (hereinafter, the "Review") is a university initiative whose purpose is the periodic publication of academic content related to different areas of law. Its main mission is to contribute to the free debate of legal ideas and enrich the practice of law in Argentina.

The purpose of this Code of Ethics is to ensure transparency, independence, impartiality, and integrity throughout the publication process. To this end, it provides a series of guidelines and principles intended to guide the conduct of all persons involved in the process of creating and publishing the content disseminated by the Journal. It also embodies the Journal's commitment to investigating and sanctioning any conduct contrary to the established provisions.

The Code of Ethics aims to reflect international best editorial practices. The Journal shares and adheres to the international standards and guidelines contained in Elsevier's Publishing Ethics Resource Kit (PERK). Similarly, it embraces the principles and values established in the Code of Ethics of the University of San Andrés and in the Blue Book of the University of San Andrés.

 

 

Chapter I: Scope of application and editorial independence

Article 1. The guidelines and principles set forth in this Code of Ethics are intended for all those involved in the process of creating and publishing content disseminated by the Journal, including the stages of writing, receiving, reviewing, editing, correcting, and disseminating all materials submitted for consideration or produced by the Journal.

Article 2. Editorial decisions shall be made exclusively on the basis of academic merit, scientific quality, and the relevance of the content submitted, without influence from commercial, institutional, or personal interests.

Article 3. The Journal guarantees the editorial independence of the Editorial Committee and those responsible for the publication process with respect to institutional authorities, sponsors, or third parties who may have an interest in the published content.

 

Chapter II: Arbitration Process

Article 4. For publication in the Journal, articles, essays, and reviews will be submitted to a double-blind peer review process. Each manuscript will be sent for evaluation to two external professional referees who are experts in the field. The referees may choose to:

1.     Reject the manuscript;

2.     Suggest resubmission of the manuscript (and submission to a new evaluation) after substantial revisions have been made by the author;

3.     Make approval of the manuscript conditional upon the receipt of certain changes; or

4.     Approve the paper.

In the event of conflicting opinions among the referees regarding the approval or revision/rejection of the manuscript, a double-blind opinion will be requested from a third expert referee, who will settle the matter. In the event that the referees disagree on whether to approve the manuscript directly or with modifications, its approval subject to the suggested changes will prevail. 

Article 5. The referees' decisions will be forwarded to the author within the estimated time frames reported in the Journal's publication guidelines, communicating the final decision regarding the publication of the paper. Under any circumstances, the final decision regarding whether or not to publish the paper will depend on the outcome of the referees' decision.

Article 6. If the submission is approved subject to modifications, the author will be granted an additional period of time to work on the reviewers' comments and suggestions. The Journal reserves the right to resubmit the revised version of the paper to the referees for their consideration in order to assess whether their comments have been duly taken into account and whether the paper is ready for publication. 

Article 7. The editing and correction of all manuscripts shall be the responsibility of the Journal's Editorial Board. Upon approval of the final version of the manuscript by its author or authors, publication shall take place in the issue immediately following the return of the manuscript, unless, due to the length of the issue or insufficient time for editing, the Editorial Committee decides to postpone it until the next issue.

 

Chapter III: Plagiarism and intellectual dishonesty

Article 8. The Journal opposes and prohibits any attempt at plagiarism or any other practice that constitutes intellectual dishonesty with respect to the ideas presented in the manuscripts.

Article 9. For the purposes of this Code, forms of intellectual dishonesty shall include, among others, plagiarism, undeclared self-plagiarism, fabrication or falsification of data or sources, manipulation of the peer review process, misattribution of authorship, and deliberate omission of conflicts of interest.

Article 10. In order to prevent plagiarism or other practices of intellectual dishonesty, during the evaluation process, the Journal will implement a double control mechanism for the original manuscripts submitted.

On the one hand, all manuscripts will be evaluated using specialized digital tools for detecting plagiarism. This process allows the originality of the manuscript to be analyzed by comparing its content with a database of previously published resources. The digital tools used will be reported by the Journal in its publication guidelines.

On the other hand, the members of the Editorial Board will carry out a manual review of the content of the originals in order to detect the presence of missing, incorrect, or incomplete references.

Article 11. Upon detection of plagiarism or practices involving intellectual dishonesty, the Editorial Committee reserves the right to take all necessary measures, including rejection of the submission if it has not yet been published. Likewise, the provisions contained in Chapters XII and XIII of this Code shall apply.

 

Chapter IV: Obligations of editors, authors, and referees

Article 12. The obligations of the members of the Editorial Team, including the Editorial Committee and the Academic Coordination, are:

1. To ensure the confidentiality of authors' data during the review process.
2. Ensuring the safekeeping of rejected texts and implementing a mechanism for their destruction once the review process has been completed.
3. To ensure that the texts submitted are used solely for the purpose of publication in the Journal, without incurring any personal use of them or the data contained therein.
4. To manage the publication process objectively and impartially, regardless of the authors' race, gender, sexual orientation, religious beliefs, ethnic origin, nationality, or political philosophy.
5. Ensure transparency in the evaluation, editing, and publication processes for each issue.
6. Maintain anonymity between referees and authors throughout the publication process.
7. Review suspected incidents of plagiarism in a timely manner and resolve any conflicts of interest.
8. Select referees objectively based on the professional and academic skills of potential candidates.
9. Address, analyze, and report to the Editorial Committee any conflicts of interest, whether personal or external, that come to light.

Article 13. The obligations of authors are:

1. To ensure the originality of the works and that they have not already been published in another medium. If they have been previously published, in the cases accepted by the Journal, the situation must be disclosed in a timely manner, and the necessary authorizations or permissions must be presented.
2. Avoid submitting a manuscript for publication in another medium while the evaluation process within the Journal is pending. If the manuscript is submitted for publication in another medium, immediately inform the Editorial Committee of the Journal of this situation.
3. Ensure the accuracy of the biographical information provided to the Editorial Team, including academic titles, institutional affiliation, and any other biographical data provided.
4. Provide accurate data to support your submissions and show that they have been collected in a technically correct manner.
5. Do not plagiarize other published works, either in whole or in part.
6. Confirm that the authorship of the text is truly that of the persons who sign it. The status of author implies participation in the production of the source work of the article submitted, in the writing of the text, and in its revision.
7. Obtain and submit the appropriate permissions to reproduce material (text, tables, or figures) from other publications in part, and cite its source correctly.
8. Immediately inform the Editorial Committee of any significant errors identified in your article once it has been published, collaborating with the Journal in the correction, retraction, or clarification as appropriate.

Article 14. The obligations of referees are:

1. To conduct a fair, objective, and rigorous review of the articles.
2. To accept, review, and evaluate only those works for which they are qualified and which correspond to their specialty and experience.
3. Clearly state the arguments for their assessment.
4. Maintain confidentiality regarding the information and data in the articles evaluated.
5. Limit the use of the texts submitted for evaluation, without making any personal use of them or the data contained therein.
6. Evaluate writings solely on their intellectual and scientific content, regardless of the authors' political philosophy or opinions.
7. Notify the Editorial Committee of any unethical conduct that the authors may have engaged in in relation to the submitted paper.
8. Refrain from evaluating documents or articles with which they have any kind of conflict of interest. Self-recusal must be immediately communicated to the Editorial Committee.
9. Use clear, academic, and respectful language in evaluations.

 

Chapter V: Conflicts of Interest

Article 15. Authors interested in publishing content in the Journal must disclose, along with their submission, any relationship or activity that could give rise to or be seen as a conflict of interest. Such disclosure must include any institutional affiliation they may have and any funding received or to be received for the preparation of the manuscript, whether from public or private institutions or individuals. They must also disclose any filial or personal ties they may have with one or more members of the Journal.

Article 16. When contacted to perform the evaluation, referees will be asked about and must declare any relationship or activity that could influence their opinions or compromise their evaluation. Prior to submitting the article for evaluation, the Editorial Committee will make the appropriate decisions based on the information provided. At any time during the review process, referees may communicate their self-recusal, which must be accepted by the Editorial Committee.

Article 17. If reviewers identify the authorship of an anonymous manuscript submitted for evaluation, they are required to immediately inform the Journal of this situation. The Journal will automatically reassign the manuscript in order to preserve anonymity.

Article 18. Referees are required to inform the Editorial Committee of any attempt to contact them by the alleged author of the manuscript under review. The same obligation applies to members of the Editorial Team when they attempt to be contacted by authors outside the official communication channels provided by the Journal for each case.

Article 19. Members of the Editorial Team and anyone involved in the process of publishing content in the Journal are required to declare and make explicit the existence of relationships or activities that may give rise to or be seen as potential conflicts of interest that could influence their decisions. 

Article 20. In the event of a conflict of interest arising from a link with one or more members of the Journal, the Editorial Committee shall take the necessary measures to ensure that the member(s) involved do not participate in the publication process of the manuscript in question or have access to information about the referees involved.

Article 21. The publication of content in the biannual editions by active members of the Editorial Board requires prior authorization from the Editorial Committee. The Editorial Committee shall take the necessary measures to ensure that the member(s) involved do not participate in the publication process of the article in question or have access to information about the referees involved. Likewise, in the event of publication of the article, the author's membership of the Editorial Board must be made explicit alongside the publication.

 

Chapter VI: Confidentiality

Article 22. All information related to each paper submitted for consideration by the Journal will be treated confidentially. The confidentiality of the paper evaluation process is guaranteed, as is all information or documentation arising from or related to said process. Similarly, the identities and communications with authors or referees are protected.

 

Chapter VII: Use of Artificial Intelligence

Article 23. The Journal recognizes the use of artificial intelligence (AI) tools as a valid technical resource in the preparation of academic articles. Their use must meet criteria of transparency, academic integrity, and authorial responsibility.

Article 24. Any author who has used AI tools at any stage of the process (research, writing, editing, or review) must declare this in writing, indicating the model used and the type of assistance received.

Article 25. AI shall be considered exclusively as a support tool. Authorship of the writings corresponds solely to human beings. The use of artificial intelligence tools does not exempt authors from full responsibility for the accuracy, originality, and veracity of the content presented.

Article 26. The use of AI is prohibited for: a) falsifying information, generating unverifiable data, or inventing or distorting doctrinal, jurisprudential, or regulatory sources; b) committing plagiarism, whether from third parties or from previously published works of one's own; c) using personal, sensitive, or confidential data of third parties without express authorization; d) reproducing copyrighted content without the corresponding permissions.

Article 27. If the use of AI has been funded by third parties, this must be declared as part of the declaration of conflicts of interest.

Article 28. The Editorial Team may use AI tools as technical support in editing, proofreading, or reviewing tasks, always under human supervision. Under no circumstances may AI replace the editorial judgment or responsibility of editors or referees.

 

Chapter VIII: Funding Policy

Article 29. Authors must declare all sources of funding received for the preparation of the manuscript, including public agencies, private entities, or individuals.

Chapter IX: Informed Consent and Research Ethics

Article 30. All research involving individuals must have prior informed consent, both for participation and for the publication of data, images, or testimonies.

Chapter X: Changes in Authorship and Contributions

Article 31. Authorship of manuscripts corresponds exclusively to individuals who have participated substantially in the research, writing, and revision of the text.

Article 32. Changes in authorship must be requested in writing prior to publication. The Editorial Committee will evaluate each case in accordance with criteria of academic integrity.

Chapter XI: Research Data and Materials Policy

Article 33. When the nature of the research allows it, authors must keep and, where appropriate, make available to the Editorial Committee the data, documents, or materials that support the results presented in the article.

Article 34. The Journal may require authors to make available data, documentary sources, or relevant empirical material to verify the integrity of the research, respecting at all times the rules on confidentiality, privacy, and personal data protection.

Chapter XII: Research Processes

Article 35. In the event of any potential breach of the provisions contained in the Code of Ethics, the Journal, through its Editorial Committee, will initiate an investigation in order to clarify what has happened and take the appropriate decisions. 

Article 36. The initiation of any investigation shall be communicated to the Law Department of the University of San Andrés, which may provide advice to the Editorial Committee and shall be empowered to intervene in the process.

Article 37. The Editorial Committee shall request the person or persons involved to provide their respective defense, with a detailed explanation of what happened.

Article 38. Once the defense of the person or persons involved has been received, the Editorial Committee shall prepare a report stating the purpose of the investigation, the defense of the person under investigation, and all available evidence relating to the alleged violation.

Article 39. Any offense or violation not specified in this Code of Ethics shall be subject to the Code of Ethics of the University of San Andrés and the Blue Book of the University of San Andrés in force at the time the offense was committed. The most recent versions of both documents can be found on the University's Undergraduate Student Office website.

 

 

Chapter XIII: Sanctions

Article 40. The Editorial Committee shall consider and may order the removal of publications when it becomes aware of and verifies that:

1. The author has committed acts constituting plagiarism.
2. The content of the publication was previously published in another journal or platform, and the author failed to disclose this in a timely manner or to present the necessary authorizations and permissions.
3. The publication contains materials or information that do not have the proper authorization for use.
4. The author has infringed copyright or other legal issues related to the publication.
5. There were attempts to manipulate the double-blind peer review process.
6. The author failed to disclose relationships or activities that could have influenced the decision to publish the content.
7. The author misused AI, in accordance with the terms of Chapter VII of this Code.

Article 41. Other penalties for non-compliance with the provisions of the Code of Ethics will depend on the severity of the violation. Depending on the circumstances and the role of the person involved, they may include a warning, suspension as a member of the Journal, expulsion as a member of the Journal, prohibition from being appointed as a referee for future publications, or removal from publication in the Journal.

Chapter XIV: Appeals and Complaints

Article 42. Authors may file appeals regarding editorial decisions, including rejections or requests for modification. Appeals must be submitted in writing to the Editorial Committee, which will evaluate the case and issue a reasoned decision.

Article 43. Complaints about the editorial process, published content, or the conduct of authors, referees, or editors must be channeled through the Journal's official email address. The Editorial Committee undertakes to investigate all complaints confidentially, impartially, and diligently.

Chapter XV: Corrections, Retractions, and Removals

Article 44. The Journal may issue corrections, expressions of concern, or retractions in relation to articles already published when substantial errors, ethical violations, or legal problems are detected.

Article 45. The removal of a published article will be considered a sanction in the cases provided for in Chapter XIII. Any removal will be accompanied by an explanatory editorial note.

Chapter XVI: Open Access and Licenses

Article 46. The Journal shall promote open access to legal knowledge, facilitating free consultation of published content through its institutional website.

Article 47. The conditions for access, reuse, and licensing of content shall be clearly stated on the Journal's website, including the license applicable to each article.

Article 48. The Journal shall establish on its website the copyright terms applicable to published articles. In the absence of express assignment, it is presumed that the rights remain with the author.

Article 49. Each published article must include a copyright statement and, where applicable, the terms of the applicable license.

Chapter XVII: Digital Preservation

Article 50. The Journal shall ensure the long-term digital preservation of its content through the use of persistent identifiers (DOI) and deposit in institutional repositories or archiving services.

Article 51. The digital preservation policy will be published on the Journal's website and updated in accordance with international best practices.