Suchergebnisse

This study examines the adoption of arbitration for the definitive solution of conflicts between Brazilian Public Administration and its citizens. Despite strong sociological reasons against adopting the institute in Brazil, surprisingly, legal scholars assimilated it with ease. Dogmatic reasons, however, prevent its adoption. The thesis that it is possible when it comes to the secondary interest is untenable, as the secondary interest is only valid when it coincides with the primary one. The unavailability of the public interest was circumvented by explicit legislative authorization term. It is impossible to circumvent the supremacy of the public interest over the private one, which prevents removing the judiciary from having the final word prerogative on the interpretation of matters of the public interest. Therefore, all laws that authorize administrative arbitration are unconstitutional. ; Este estudio trata sobre la adopción del arbitraje para la solución definitiva de los conflictos entre la Administración Pública brasileña y la administrada. A pesar de las fuertes razones sociológicas en contra de la adopción del instituto en Brasil, sorprendentemente la comunidad jurídica lo asimiló con facilidad. Sin embargo, razones dogmáticas impiden su adopción. La tesis de que es posible cuando se trata de interés secundario es insostenible, ya que el interés secundario solo es válido cuando coincide con el primario. La indisponibilidad del interés público se eludió mediante autorización legislativa expresa. Es imposible eludir la supremacía del interés público sobre el privado, lo que impide que el poder judicial tenga la prerrogativa de dar la última palabra en la interpretación de los asuntos relacionados con el interés público que deben descartarse. Por lo tanto, todas las leyes que autorizan el arbitraje administrativo son inconstitucionales. ; Este estudo versa sobre a adoção da arbitragem para solução definitiva de conflitos entre a Administração Pública brasileira e o administrado. Apesar de fortes razões ...

Adjusting the legal status, and support policies for migrant workers is an issue on the agenda of international institutions for nearly a hundred years. The first efforts to protect foreign workers have been taken during the first session of the International Labour Conference in 1919. In the following decades ILO activities has led to the preparation of three international documents concerning this issue (non-binding ILO Convention No. 66 in 1939, and Convention No. 97 of 1949, and No. 143 of 1975). For many decades, the problem of the protection and assistance of migrant workers' rights was considered as a narrow issue of international labor law. Codification efforts, undertaken during seventies, has led to the adaptation of the UN document (International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families) in 1990, and inclusion this issue into more general area of international human rights law. Despite this fact, and the existence of several categories of documents concerning migrant workers within Council of Europe, the European Union, and even ASEAN, the protection of migrant workers has never been effectively functioning system. The aim of this article is the analysis of the codification of that issue, and the main obstacles to consensus on the protection of migrant workers' rights. The state parties of the UN Convention contains primarily countries of origin of migrants (such as Mexico, Morocco and the Philippines). It seems, therefore, that despite 46 ratifications the, UN convention does not have a global character, and activities of its monitoring body (Committee on Migrant Workers-CMW) reflects primarily demands of sending countries. The article closely examines particularly controversial provisions of the ILO and UN documents from the point of view of current labour migrations and policies of sending and host countries.

This book explores the issue of environmentally-induced migrations from the point of view of international human rights law, international humanitarian law, international refugee law and international law of statelessness. Last few years have become a period of unprecedented growth in the number of studies devoted to the forced migration caused by climate change. The book by professor Jane McAdam, published by Oxford University Press, differs significantly from previous studies in this area. The focus of the author became a state responsibility for the situation of climate-change induced displaced people with a particular focus on legal aspects of this problem. The basis of the author`s considerations are four particular areas of public international law: international human rights law, international humanitarian law, international refugee law and international law of statelessness. The issue of climate change-induced displacement is now becoming a growing challenge for public international law. The growing number of climate change migrants becomes a challenge for the international istitutions dealing with humanitarian assistance. Sea level rise become a factor of specific legal problems, such as climatic deterritorialization of the state, state succession on the new territory, the status of people forced to leave their country submerged under the waters of ocean (forced migrants?, refugees?, stateless people?, citizens of the former country continuing its status within a new territory?).

This work analyzes the Agenda 2030 in its main potentiality to lead public policies and private actions towards a more sustainable path. At the same time it acknowledges its dependency on measurements and finance mechanisms for the Sustainable Development Goals implementation. The main argument is that public expectations face difficulties to be translated in public actions, due to, among other factors, the lack of measurement and finance mechanisms. With this purpose it starts describing what is the Agenda 2030, and how this United Nations lead international declaration is structured to be monitored and implemented by States and others multi stakeholders. Secondly it analyses the importance of the measurements to address critical social environmental challenges and to allow comparison between the achievements of each member state. Third it remarks the role-played by international financial institutions, by international investment and by the private sector in general. Forth, the article highlights the drawbacks the methodology of goals can represent when used to overcome collective challenges marked by moral issues and diffuse impacts, being highly dependent on measurements and finance tools. The methodology chosen was the descriptive and normative, the techniques used were documentary, legislative and bibliographic research.

Habermas discusses the chances for the establishment of world citizenship in contemporary society, marked by multiculturalism and the process of globalization. Habermas identifies the historical configuration of the post-national constellation, and from there themed the transition from international law to the law of citizens of the world, which aligns the concept of citizenship to the idea of ​​human rights. Habermas analyzes the Kantian idea of ​​a cosmopolitan state in which citizens are legal subjects of their respective States and members of a cosmopolitan entity. Kant elaborates on the concept of world republic, which Habermas disagrees with, but offers the example of the European Union for a discussion on the realization of a just and peaceful international order. Based on the Kantian orientation of constituting an order of world citizenship, Habermas discusses the conformation and viability of this idea in contemporary times. For Habermas, it is possible to spell out the idea of ​​cosmopolitan citizenship. From the European Union, cooperation between States and citizens shows that a cosmopolitan community is needed to complement an international community of States.