Análisis jurídico sobre la contribución de los instrumentos del derecho internacional privado a la gestión empresarial de las pymes en Colombia

Abstract

This study examines the scope of legal instruments within the framework of Private International Law as mechanisms
supporting small and medium-sized enterprises (SMEs) in Colombia. The research adopts a qualitative, descriptive–explanatory approach, based on a non-experimental, cross-sectional, and bibliographic design. Data were collected through direct observation, documentary analysis, and semi-structured interviews with experts in commercial law. Data analysis was conducted using legal hermeneutics and triangulation of information sources.
The findings indicate that legal and institutional instruments developed through private policy initiatives, aligned with State objectives, are intended to foster wealth generation by private actors, thereby expanding economic, social, and political capacities and contributing to national development. Trade agreements, as instruments of Private International Law, enable microenterprises to strategically integrate with SMEs operating in Colombia’s real sector, strengthening their financial capacity and enhancing business performance. Additionally, these mechanisms generate fiscal benefits for the State through taxes, fees, and contributions, while promoting regional economic integration. The study concludes that effective synergy among the variables embedded in trade agreements— implemented through memoranda of understanding, bilateral agreements, and international conventions—is
essential to strengthening Colombia’s business management framework.