Towards a new constitutional approach to border areas: National security and development in balance

Abstract

This article examines the Peruvian constitutional regulation prohibiting the acquisition of property by foreigners in border areas. Within the regulatory framework, the historical evolution of this restriction and its current validity in Article 71 of the Constitution, originally conceived as a national defense measure, are reviewed. Various legal tensions arising from this provision are then analyzed. On the one hand, the opposition between national security and economic development limits strategic investments. On the other, conflicts arise with fundamental rights such as property and legal equality. Furthermore, a constitutional inconsistency is evident: while the prohibition remains in place, acquisitions based on public necessity are exceptionally permitted, generating legal uncertainty and state discretion. The practical ineffectiveness of the restriction is also highlighted, as it has been circumvented through trusts, intermediaries, or regulatory loopholes. Comparative legislation reveals more flexible models that combine state control and regulated openness. Finally, a new constitutional approach is proposed that reformulates regulation to achieve a strategic balance between security and sustainable development, strengthening sovereignty without hindering economic progress along the border.