Download or read book Evolutions in the Law of International Organizations written by Virzo and published by Hotei Publishing. This book was released on 2015-02-11 with total page 573 pages. Available in PDF, EPUB and Kindle. Book excerpt: Because of their increasing prevalence and diversity, International Organizations (IOs) are one of the most striking legal phenomena in contemporary international law. Evolutions in the Law of International Organizations, is a collection of essays discussing the ever-changing nature of IOs. It covers all the many considerable practical evolutions in the law of, offers a discussion of theoretical issues and proposes solutions to many crucial problems related to these institutional developments. The book explores controversial institutional issues arising from recent developments in the complex international practice of IOs and includes contributions about the definition of IOs, the role of "soft" IOs and regional IOs, the reformation of international financial institutions, and the liability of IOs for their actions, among others.

Download or read book The CISG and its Impact on National Legal Systems written by Franco Ferrari and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: In force in 70 countries around the world and covering more than two thirds of world trade, the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is considered to be the most successful convention promoting international trade. According to many commentators, this success is due, among others, to the fact that the Convention does not directly impact on the domestic law of the various legal systems, as it applies only to international - as opposed to purely domestic - contracts. The Convention, in other words, does not impose changes in the domestic law, which makes it easier for States to adopt the Convention. This does not mean, however, that the Convention does not have any impact on the domestic law at all. This book analyzes - through 24 country reports as well as a general report submitted to the 1st Intermediate Congress of the International Academy of Comparative Law held in November 2008 in Mexico City - to what extent the Convention de facto influences domestic legal systems. In particular, the book examines the Convention's impact on the practice of law, the style of court decisions as well as the domestic legislation in the area of contract law.

Download or read book Globalization of contractual law written by Frederico Eduardo Zenedin Glitz and published by Frederico Glitz Consultoria Jurídica. This book was released on 2014-12-01 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book adopts the proposition that it is possible to the customs to be sources of contractual obligations. To support that premise, it was necessary to seek jurisprudential (arbitration and litigation) and comparative basis. Even more, due to contract law internationalization, customary international sources should be subject of domestic treatment, as they provide contractual obligations as well as they work as contractual interpretation tool. However, one can´t neglect the need to control the customary content. In detailed terms, then, we can say that the role reserved for the custom as contractual law rules source has always been residual in Brazilian law. Accompanying the modern European experience, doctrine and Brazilian legislation emphasize the secondary, when not merely interpretive, role of the contractual custom. In turn, Brazilian case law wasn´t able to give general treatment to contractual custom. Moreover, the process of reducing distances and cultural, social and economic approximation, usually called globalization, influenced the contracts through the incorporation of a number of solutions brought from the international trade practice. Although they might be justified by the age-old principle of freedom, somehow these international "uses" insinuate themselves into Brazil to the point of requiring that the Brazilian Courts themselves to give them treatment and shelter. On one side, if you deny the existence of a creative normative role in contractual custom by another, albeit indirect, is recognized not only their existence but the possibility of foreign origin. This paradoxical treatment reflects, to some extent, another consequence: the Brazilian contract law is in the process of internationalization. Here, then, a new confrontation is announced: a broad creative freedom (a tributary of the so-called Lex mercatoria) and the foreign act incorporation control (public policy). Unlike before, however, no simplistic answer would be feasible, particularly because of the complexity of contemporary and regulatory Brazilian contract law.

Download or read book Confer ncia Internacional de Direito Ambiental written by and published by . This book was released on 1992 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Transnational Law of Human Mobility written by Emília Lana de Freitas Castro and published by Springer Nature. This book was released on 2020-07-31 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book employs methods from comparative law to analyze voluntary migration, exploring the free movement of immigrants and their freedom of settlement under Brazilian and Mercosul law, as well as under German law and the European Union’s legal framework on migration. It discusses the level of protection granted to immigrants in terms of their right to enter and stay in Brazil and Mercosul, using German legislation and the EU’s legal framework on migration for comparison. Accordingly, the book will help migration researchers to understand not only the structure and rationale of migration law in Brazil, especially after the entry into force of its recent Migration Law in 2017, but also its relation to EU and German provisions on voluntary migration. It demonstrates how the differing natures of the migration law adopted by Brazil and Germany have led to different approaches and, consequently, different levels of protection for immigrants.

Download or read book Evolution Du Libre change Dans Les Am riques written by Centre for Trade Policy and Law and published by . This book was released on 1999 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Judicial institutionalization of integration processes written by Ricardo Caichiolo and published by Simplíssimo. This book was released on 2016-09-07 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: The focus of this book is the judicial institutionalization of integration processes through the development of dispute settlement mechanisms, more especifically in the Common Market of the South (MERCOSUR), to date, the most important regional bloc in Latin America. The bloc has been in existence since 1991 and has positioned itself as one of the potential regional blocs for trade and investment, while becoming one of the important actors in the international community. However, its achievements have been tainted by the gaps and problems attached to the core foundation of the regional bloc. MERCOSUR has been suffering or experiencing internal disputes and disunity due to its complex and low institutionalization, a situation which can be seen as being paradoxical. Its current Dispute Settlement Mechanism is subject to uncertainty and doubt, since its own framework is also under internal and external criticism. There has been a series of protocols made in order to tackle the problems of the DSM and to further fix the problems that hinder the cooperation as well as the productivity of MERCOSUR's intra-organisation, all guided by intergovernmental decision-making. As such, this book seeks to tackle the concept of regionalism and the possible models which have been used or have influenced the establishment of MERCOSUR, while discussing the different aspects and developments of each intra-organisation. This is done in order to evaluate the nature of the problem, and future developments that could take place. The book also focuses on the prevalence of politicization in MERCOSUR and the pre-eminence of Presidential Diplomacy over the path of regional integration, which influence the DSM of MERCOSUR and possible developments that might occur in the near future.

Download or read book Antitrust Law in Brazil written by Eduardo Molan Gaban and published by Kluwer Law International B.V.. This book was released on 2011-12-05 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book highlights the case of Brazil, a major economic player among developing countries. In seventeen years of enforcing the Brazilian Antitrust Law, Brazil’s Administrative Council for Economic Defence (CADE) has achieved outstanding results and has been recognized as the most effective antitrust enforcement agency in the developing world. This book is the first to describe and analyse the workings and case law of the CADE, emphasizing the agency’s fundamental methodology and focusing on the contributory roles of such factors as the following: mechanisms and procedures of enforcement of the Antitrust Law in Brazil; methodologies (tests) used for antitrust assessment (for merger and conduct controls); evaluation of barriers to entry and rivalry in analysed markets; assessment of proof and circumstantial evidence within CADE case law and court decisions; examination of rational justifications for practices under investigation; legality of exchange of information; leniency agreements; cease and desist agreements; cultural issues and modifications; civil and criminal enforcement; private damages considerations; and the role of international and regional competition law regimes (OECD, UNCTAD, WTO, ICN, Mercosur). The book’s consolidated research on Brazil’s cartel investigations clearly describes the main defence theories and the courts’ decisions. The authors also explore the relationship of Brazil’s antitrust law to the country’s public policies in the areas of consumer rights, public procurement, and measures against corruption, with special emphasis on the synergies arising from antitrust law and consumer protection. It is worth noting that the studies carried out in this book discussed Law No. 8884/94 (Brazilian Antitrust Law) and the New Brazilian Antitrust Law, which was passed on 5 October 2011 and which will be enforced in 2012. With its unique synthesis of constitutional law, comparative antitrust law, and CADE’s case law, this book will be welcomed by competition lawyers and other parties interested in methods and procedures used in merger and conduct control, and especially in anti-cartel enforcement, in developing countries.

Download or read book CyberBRICS written by Luca Belli and published by Springer Nature. This book was released on 2021-01-04 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book stems from the CyberBRICS project, which is the first major attempt to produce a comparative analysis of Internet regulations in the BRICS countries – namely, Brazil, Russia, India, China, and South Africa. The project has three main objectives: 1) to map existing regulations; 2) to identify best practices; and 3) to develop policy recommendations in the various areas that compose cybersecurity governance, with a particular focus on the strategies adopted by the BRICS countries to date. Each study covers five essential dimensions of cybersecurity: data protection, consumer protection, cybercrime, the preservation of public order, and cyberdefense. The BRICS countries were selected not only for their size and growing economic and geopolitical relevance but also because, over the next decade, projected Internet growth is expected to occur predominantly in these countries. Consequently, the technology, policy and governance arrangements defined by the BRICS countries are likely to impact not only the 3.2 billion people living in them, but also the individuals and businesses that choose to utilize increasingly popular applications and services developed in BRICS countries according to BRICS standards. Researchers, regulators, start-up innovators and other Internet stakeholders will find this book a valuable guide to the inner workings of key cyber policies in this rapidly growing region.

Download or read book Bibliographic Guide to Latin American Studies 1996 written by G K HALL and published by Macmillan Reference USA. This book was released on 1997-07 with total page 1086 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Globalisation Ideology and Social Justice Discourses written by Joseph Zajda and published by Springer Nature. This book was released on 2022-05-31 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines dominant discourses in social justice education globally. It presents cutting-edge research on the major global trends in education, social justice and policy research. Using diverse paradigms, ranging from critical theory to discourse analysis, the book examines major social justice and equity education reforms and policy issues in a global culture, with a focus on the ambivalent and problematic relationship between social justice education discourses, ideology and the state. The book discusses democracy, ideology and social justice, which are among the most critical and significant factors defining and contextualising the processes surrounding social justice education reforms globally. It critiques current social justice education practices and policy reforms, illustrating the shifts in the relationship between the state, ideology, and social justice education policy. Written by authors from diverse backgrounds and regions, this book examines current developments in research concerning social justice education. It enables readers to gain a more holistic understanding of the nexus between social justice education, and dominant ideologies, both locally and globally. It also provides an easily accessible, practical, yet scholarly insights into local and global trends in the field of social justice education. Discourses of Globalization, Ideology and Social Justice, with contributions from key scholars worldwide, should be required reading for a broad spectrum of users, including policy-makers, academics, graduate students, education policy researchers, administrators, and practitioners.

Download or read book Manual de Direito do Trabalho written by Fßbio Villela and published by Elsevier. This book was released on 2012 with total page 797 pages. Available in PDF, EPUB and Kindle. Book excerpt: Manual De Direito Do Trabalho.

Download or read book Recent Advances in Information Systems and Technologies written by Álvaro Rocha and published by Springer. This book was released on 2017-03-27 with total page 959 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a selection of papers from the 2017 World Conference on Information Systems and Technologies (WorldCIST'17), held between the 11st and 13th of April 2017 at Porto Santo Island, Madeira, Portugal. WorldCIST is a global forum for researchers and practitioners to present and discuss recent results and innovations, current trends, professional experiences and challenges involved in modern Information Systems and Technologies research, together with technological developments and applications. The main topics covered are: Information and Knowledge Management; Organizational Models and Information Systems; Software and Systems Modeling; Software Systems, Architectures, Applications and Tools; Multimedia Systems and Applications; Computer Networks, Mobility and Pervasive Systems; Intelligent and Decision Support Systems; Big Data Analytics and Applications; Human–Computer Interaction; Ethics, Computers & Security; Health Informatics; Information Technologies in Education; and Information Technologies in Radiocommunications.

Download or read book Private International Law in BRICS written by Stellina Jolly and published by Bloomsbury Publishing. This book was released on 2024-08-08 with total page 827 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the convergences, divergences and reciprocal lessons that the BRICS countries (Brazil, Russia, India, China and South Africa) share with one another in developing the principles of private international law. The chapters provide a thematic understanding of the cornerstones of private international law in each of the BRICS countries: namely, (1) the procedure to initiate claims in civil and commercial matters, (2) the law that would govern such matters in litigation and arbitration, as well as (3) the mechanism to recognise and enforce foreign judgments and arbitral awards. Written by leading private international law scholars and practitioners, the chapters draw on domestic legislation and its interpretation through cases decided by the courts in each of these emerging economies, and explicitly cover the rules applicable in contractual and non-contractual concerns and issues of choice of court agreements. Issues around marriage, divorce, matrimonial property, succession and surrogacy are also addressed, considering the implication of such aspects through the increased movement of persons. The book is a useful comparative resource for the governments of the BRICS countries, legislators, traders, academics, researchers and students looking for an in-depth discussion of the reciprocal lessons that these countries may have to offer one another on these issues.

Download or read book Transconstitutionalism written by Marcelo Neves and published by Bloomsbury Publishing. This book was released on 2013-05-01 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transconstitutionalism is a concept used to describe what happens to constitutional law when it is emancipated from the state, in which can be found the origins of constitutional law. Transconstitutionalism does not exist because a multitude of new constitutions have appeared, but because other legal orders are now implicated in resolving basic constitutional problems. A transconstitutional problem entails a constitutional issue whose solution may involve national, international, supranational and transnational courts or arbitral tribunals, as well as native local legal institutions. Transconstitutionalism does not take any single legal order or type of order as a starting-point or ultima ratio. It rejects both nation-statism and internationalism, supranationalism, transnationalism and localism as privileged spaces for solving constitutional problems. The transconstitutional model avoids the dilemma of 'monism versus pluralism'. From the standpoint of transconstitutionalism, a plurality of legal orders entails a complementary and conflicting relationship between identity and alterity: constitutional identity is rearticulated on the basis of alterity. Rather than seeking a 'Herculean Constitution', transconstitutionalism tackles the many-headed Hydra of constitutionalism, always looking for the blind spot in one legal system and reflecting it back against the many others found in the world's legal orders.

Download or read book International Investment Law and Arbitration from a Latin American Perspective written by Nitish Monebhurrun and published by Springer Nature. This book was released on 2011 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Zusammenfassung: The book brings to light how Latin American states have traditionally stood before the field of International Investment Law and Arbitration. It delves into their posture of resistance to critically examine how their perspective has gradually changed and how they have adapted and molded their investment agreements so as not to leave their position as players in the field of International Investment Law. Many Latin American states have appeared as defendants before international investment tribunals and some of these, like Venezuela, Bolivia or Ecuador, have denounced their international investment agreements. Deeming the law field as imbalanced, they have looked for alternatives to continue providing legal protection to foreign investors while protecting their right to regulate in the name of public interest. Some interesting investment agreements models, sometimes of a different ilk, have consequently flourished and have arrested the attention of those studying or working with international investment law. The main objective of this book is to critically discuss how Latin American states have accepted, resisted, or adapted themselves to international investment law and arbitration. Accordingly, the general connection between these states and international investment law are explained in an introduction which examines the general trends as per which Latin American states have offered a legal protection to foreign investments. The first part enters the merits of where international investment law and arbitration stand in some Latin American states whereby the experience of Brazil, Chile, Argentina, Venezuela, and Uruguay are discussed. The following parts explain the trends in international investment law and arbitration in Latin America. These trends are namely related to dispute settlement and governance, to the connection between investment law and human rights and finally to regionalization. In these parts, the experience of states like Brazil, Colombia, Peru, and Mexico are perused

Download or read book Energy Law and Regulation in Brazil written by José Augusto Fontoura Costa and published by Springer. This book was released on 2018-03-22 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents contributions from Brazilian experts on the regulation of different energy sources. Focusing on describing and discussing the fundamental issues related to the legal regulation of each of the sources that compose Brazil's energy matrix, it also analyzes economic and strategic aspects and identifies the main current problems related to the exploration for and production of each energy source. The book offers a clear and detailed overview of energy law and regulation for policymakers, foreign investors and legal professionals dealing with energy projects in Brazil.