Suchergebnisse

Argues that Westphalian sovereignty, which refers to the capacity of national authorities to exercise effective internal control, is a sham because it is so often violated through conventions, contracts, coercion, and imposition. Summary in English p. 255.

Discusses the judgement of General Augusto Pinochet and the jurisdiction of Spain over crimes of genocide, terrorism, and torture committed in Argentina and Chile in relation to questions of state sovereignty and diplomatic immunity under international law.

El tema central de este artículo se centra en los debates en torno a la participación y el papel movilizador de los consejos. El artículo presenta las tensiones presentes en los consejos, derivadas de su vaciado sistémico de las funciones "tradicionales", para avanzar con respecto a su papel político de movilización. Con este fin, presentamos la génesis de los consejos seguida de siete tesis sobre la perspectiva de democratización del WEC, presentando sus consecuentes antítesis e indicando al lector la tarea de reflexionar sobre sus respectivas síntesis. Vale la pena mencionar que la autonomía de los consejos y concejales es parte de los procesos democráticos de la organización municipal de políticas de educación pública, es decir, tiene relación con un proyecto colectivo de sociedad justa e igualitaria, lo que implica tener acceso a patrimonios materiales, sociales, culturales, económicas y políticas. ; The central issue of this article focuses on the debates surrounding the participation and mobilizing role of councils. The article presents the tensions present in the councils, originating from their systemic emptying of "traditional" functions, to an advance with regard to its political role of mobilization. To this end, we present the genesis of the councils followed by seven theses on the democratization perspective of the CME, presenting its consequent antitheses and indicating to the reader the task of reflecting on their respective syntheses. It is worth mentioning that the autonomy of councils and councilors is part of the democratic processes of the municipal organization of public education policies, that is, it is related to a collective project of a just and egalitarian society, which implies having access to material, social, cultural, economic and political goods. ; A questão central deste artigo focaliza os debates que giram em torno da participação e papel mobilizador dos conselhos. O artigo apresenta os tensionamentos presentes nos conselhos, originários de seu esvaziamento sistêmico de funções "tradicionais", para um avanço no que diz respeito ao seu papel político de mobilização; para tanto faz-se uma apresentação da gênese dos conselhos seguida por sete teses sobre a perspectiva de democratização do CME, apresentando suas consequentes antíteses e indicando ao leitor a tarefa de fazer uma reflexão quanto às respectivas sínteses. Vale dizer que a autonomia dos conselhos e dos conselheiros se insere no campo dos processos democráticos da organização municipal das políticas públicas de educação, ou seja, está relacionada a um projeto coletivo de sociedade justa e igualitária, o que implica ter acesso aos bens materiais, sociais, culturais, econômicos e políticos.

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.

This master thesis analyses the private enforcement of competition law in private international law. It should be noted that competition law can be implemented under two methods: (a) public enforcement (regulatory norms that preserves the proper competition policy); (b) private enforcement (by allowing to seek redress for those who are victims of acts of anti-competitive or restrictive practices). As the international economy develops, with the increasing competitiveness of its entities, there is an expanding need to address the issue of applicable law. However, if such a dispute arises in two EU countries, then the applicable law and procedural redress transactions are governed by the Rome II Regulation and Directive of antitrust damages actions (since 2017). Furthermore, this directive harmonizes the regulation in the EU member states' domestic legal systems. Moreover, at EU level, the enforcement of private competition law is being resolved. Nevertheless, practically this institute is not applicable. The key to this problem is the lack of successful precedents. However, given the fact that UK declared to be leaving EU, this may affect not only the domestic law of UK, but additionally the application of the above-mentioned EU legislation. Although the effects of Brexit are not yet foreseen, predictions can already be made now. It goes without saying that the EU has commercial ties not only with the Member States but also with the third countries. Thus, in cases of vulnerability, such as the markets of Japan and the EU Member States, the issue of applicable law arises. Notwithstanding, the EU has concluded international agreements with the third countries and these agreements are considered to have an impact on public but not private competition law. Hence, the paper scrutinizes conceivable rules under the private international law.

This master thesis analyses the private enforcement of competition law in private international law. It should be noted that competition law can be implemented under two methods: (a) public enforcement (regulatory norms that preserves the proper competition policy); (b) private enforcement (by allowing to seek redress for those who are victims of acts of anti-competitive or restrictive practices). As the international economy develops, with the increasing competitiveness of its entities, there is an expanding need to address the issue of applicable law. However, if such a dispute arises in two EU countries, then the applicable law and procedural redress transactions are governed by the Rome II Regulation and Directive of antitrust damages actions (since 2017). Furthermore, this directive harmonizes the regulation in the EU member states' domestic legal systems. Moreover, at EU level, the enforcement of private competition law is being resolved. Nevertheless, practically this institute is not applicable. The key to this problem is the lack of successful precedents. However, given the fact that UK declared to be leaving EU, this may affect not only the domestic law of UK, but additionally the application of the above-mentioned EU legislation. Although the effects of Brexit are not yet foreseen, predictions can already be made now. It goes without saying that the EU has commercial ties not only with the Member States but also with the third countries. Thus, in cases of vulnerability, such as the markets of Japan and the EU Member States, the issue of applicable law arises. Notwithstanding, the EU has concluded international agreements with the third countries and these agreements are considered to have an impact on public but not private competition law. Hence, the paper scrutinizes conceivable rules under the private international law.

This master thesis analyses the private enforcement of competition law in private international law. It should be noted that competition law can be implemented under two methods: (a) public enforcement (regulatory norms that preserves the proper competition policy); (b) private enforcement (by allowing to seek redress for those who are victims of acts of anti-competitive or restrictive practices). As the international economy develops, with the increasing competitiveness of its entities, there is an expanding need to address the issue of applicable law. However, if such a dispute arises in two EU countries, then the applicable law and procedural redress transactions are governed by the Rome II Regulation and Directive of antitrust damages actions (since 2017). Furthermore, this directive harmonizes the regulation in the EU member states' domestic legal systems. Moreover, at EU level, the enforcement of private competition law is being resolved. Nevertheless, practically this institute is not applicable. The key to this problem is the lack of successful precedents. However, given the fact that UK declared to be leaving EU, this may affect not only the domestic law of UK, but additionally the application of the above-mentioned EU legislation. Although the effects of Brexit are not yet foreseen, predictions can already be made now. It goes without saying that the EU has commercial ties not only with the Member States but also with the third countries. Thus, in cases of vulnerability, such as the markets of Japan and the EU Member States, the issue of applicable law arises. Notwithstanding, the EU has concluded international agreements with the third countries and these agreements are considered to have an impact on public but not private competition law. Hence, the paper scrutinizes conceivable rules under the private international law.

This master thesis analyses the private enforcement of competition law in private international law. It should be noted that competition law can be implemented under two methods: (a) public enforcement (regulatory norms that preserves the proper competition policy); (b) private enforcement (by allowing to seek redress for those who are victims of acts of anti-competitive or restrictive practices). As the international economy develops, with the increasing competitiveness of its entities, there is an expanding need to address the issue of applicable law. However, if such a dispute arises in two EU countries, then the applicable law and procedural redress transactions are governed by the Rome II Regulation and Directive of antitrust damages actions (since 2017). Furthermore, this directive harmonizes the regulation in the EU member states' domestic legal systems. Moreover, at EU level, the enforcement of private competition law is being resolved. Nevertheless, practically this institute is not applicable. The key to this problem is the lack of successful precedents. However, given the fact that UK declared to be leaving EU, this may affect not only the domestic law of UK, but additionally the application of the above-mentioned EU legislation. Although the effects of Brexit are not yet foreseen, predictions can already be made now. It goes without saying that the EU has commercial ties not only with the Member States but also with the third countries. Thus, in cases of vulnerability, such as the markets of Japan and the EU Member States, the issue of applicable law arises. Notwithstanding, the EU has concluded international agreements with the third countries and these agreements are considered to have an impact on public but not private competition law. Hence, the paper scrutinizes conceivable rules under the private international law.

Introduction: Health licensing is the legal act that allows establishments that perform activities subject to health surveillance to function and the responsibility of States, the Federal District and Municipalities over it. The publication of Anvisa RDC Resolution No. 153/2017 established national criteria for risk classification, simplification and harmonization for health licensing. Objective: Obtain information about the health licensing process adopted in Brazilian municipalities and evaluate the implementation and adoption of the criteria of Anvisa RDC Resolution No. 153/2017 by Municipal Health Surveillance. Method: The information was obtained by means of a semi-structured virtual form, sent by email to the Municipal Health Surveillance agencies. Results: At all, 2,111 municipalities sent information about the knowledge and implementation of the regulation, in addition to procedures adopted for health licensing, such as: phase for document analysis and health inspection, fee collection, average time for granting a health license, digitalization and integration with Redesim. Conclusions: Although the regulations are widely known, only 15.4% of the respondent Municipal Health Surveillance agencies adopt simplified procedures for granting the health license for economic activities previously known as low risk. In addition, State relevance in the coordination of municipal visas was ratified and, considering the charging of fees for issuing the health licence by most brazilian municipalities, there was a potential impact on their collection with the publication of the Economic freedom law. Anvisa is responsible for articulating with the Federal Government and proposing programs to assist articulation between local agencies, to promote exchange of experiences, cooperation and strengthening of the SNVS. ; Introdução: O licenciamento sanitário é o ato legal que permite o funcionamento de estabelecimentos que desempenhem atividades sujeitas à vigilância sanitária, sendo competência dos estados, do Distrito Federal e dos municípios. A publicação da RDC Anvisa nº 153, de 26 de abril de 2017, estabeleceu critérios nacionais para classificação de risco, simplificação e harmonização para o licenciamento sanitário. Objetivo: Obter informações sobre o processo de licenciamento sanitário adotado nos municípios brasileiros e avaliar a implementação e adoção dos critérios da RDC nº 153/2017 pelas Vigilâncias Sanitárias (Visa) municipais. Método: As informações foram obtidas por meio de um formulário virtual semiestruturado enviado por e-mail aos órgãos de Visa municipais. Resultados: Ao todo, 2.111 municípios enviaram informações acerca do conhecimento e da implementação da normativa, além dos procedimentos adotados para o licenciamento sanitário, tais como: momento de análise documental e inspeção sanitária, cobrança de taxa, tempo médio para concessão de licença sanitária, informatização e integração à Rede Nacional para a Simplificação do Registro e da Legalização de Empresas e Negócios (Redesim). Conclusões: Apesar de a normativa ser amplamente conhecida, apenas 15,4% dos órgãos de Visa municipais respondentes adotam procedimentos simplificados para concessão da licença sanitária para atividades econômicas até então denominadas de baixo risco. Além disso, ratificou-se a relevância estadual na coordenação das Visa municipais e, considerando a cobrança de taxa para emissão da licença sanitária pela maioria dos municípios brasileiros, verificou-se potencial impacto na arrecadação destes com a publicação da Lei da Liberdade Econômica. À Anvisa cabe a articulação com o Governo Federal e a proposição de programas que auxiliem a articulação entre os órgãos locais, para que promovam a troca de experiências, cooperação mútua e fortalecimento do Sistema Nacional de Vigilância Sanitária.

Analysis of this Master's Paper is developed in three directions: firstly, the author summarized the issues of the international and national criminal law. Attention is drawn to the place of the international treaties in the Lithuanian law, focusing on the national criminal law implications of such treaties; attempting to determine the possibility of direct application of the treaties in the criminal law. The author concludes that international treaties regulating the matters that are relevant to criminal justice should be transferred to national laws. The second part of the Paper analyses the significance of the treaties on the protection of universal human rights and freedoms, such as the Universal Charter on Human Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECPHRFF) and of the conventions adopted by the United Nations Organization in general, to the criminal law of Lithuania. The author does not aim at defining the importance of the particular rules of law to the national criminal law, and distinguishes instead the trends of the national criminal law implications. Analyzing the ECPHRFF, the author emphasizes the special character of this international treaty also drawing attention to the problem of interaction between the blanket dispositions constructed in the Lithuanian criminal law and the principle of nullum crimen sine lege guaranteed by the Convention. The Master's Paper concludes that implementation of the international legal acts guaranteeing the protection of personal rights in terms of criminal law of Lithuania is being implemented with sufficient accuracy. In the final part of the Master's Paper the relevance of the European Union (EU) law with regard to the national criminal law is summarized. In the first instance the author draws attention to the issue of relevance of the primary EU law to the national criminal law, which practically has not been analyzed by the Lithuanian scientists. Analyzing separate types of the secondary legislation passed by the EU authorities, in the first instance the features of each legal act – regulation, directive, decision, framework decision, general actions, recommendations, opinions, guidelines and conventions – are distinguished. The author aims at disclosing the manner in which the features of each secondary legal act of the EU influence the national criminal law. Also, the possibilities of the direct application of regulations, directives and decisions in the national law are elaborate. The author concludes that it is the secondary legislation by means of which the criminal law of the Member States is being approximated, whereas appropriate implementation of the secondary legislation of the EU, as a rule, requires corrections of the criminal law.

Analysis of this Master's Paper is developed in three directions: firstly, the author summarized the issues of the international and national criminal law. Attention is drawn to the place of the international treaties in the Lithuanian law, focusing on the national criminal law implications of such treaties; attempting to determine the possibility of direct application of the treaties in the criminal law. The author concludes that international treaties regulating the matters that are relevant to criminal justice should be transferred to national laws. The second part of the Paper analyses the significance of the treaties on the protection of universal human rights and freedoms, such as the Universal Charter on Human Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECPHRFF) and of the conventions adopted by the United Nations Organization in general, to the criminal law of Lithuania. The author does not aim at defining the importance of the particular rules of law to the national criminal law, and distinguishes instead the trends of the national criminal law implications. Analyzing the ECPHRFF, the author emphasizes the special character of this international treaty also drawing attention to the problem of interaction between the blanket dispositions constructed in the Lithuanian criminal law and the principle of nullum crimen sine lege guaranteed by the Convention. The Master's Paper concludes that implementation of the international legal acts guaranteeing the protection of personal rights in terms of criminal law of Lithuania is being implemented with sufficient accuracy. In the final part of the Master's Paper the relevance of the European Union (EU) law with regard to the national criminal law is summarized. In the first instance the author draws attention to the issue of relevance of the primary EU law to the national criminal law, which practically has not been analyzed by the Lithuanian scientists. Analyzing separate types of the secondary legislation passed by the EU authorities, in the first instance the features of each legal act – regulation, directive, decision, framework decision, general actions, recommendations, opinions, guidelines and conventions – are distinguished. The author aims at disclosing the manner in which the features of each secondary legal act of the EU influence the national criminal law. Also, the possibilities of the direct application of regulations, directives and decisions in the national law are elaborate. The author concludes that it is the secondary legislation by means of which the criminal law of the Member States is being approximated, whereas appropriate implementation of the secondary legislation of the EU, as a rule, requires corrections of the criminal law.