Suchergebnisse

The art market is rapidly developing along the ways of globalisation, digitalisation, and democratisation. Yet, it has several characteristics that favour market manipulation, such as lack of transparency and conflicts of interest. Despite substantial advancements, it is acknowledged that sector regulation does not address such limitations properly. In the light of US, EU, and national case-law, this article assesses the role that competition law could play in the art sector, also in conjunction with civil liability. It is found that competition law enforcement in the art market has been scarce so far. It provided for effective reaction tools against few, significant market manipulation strategies carried out by key auction houses. On those occasions, competition authorities and undertakings set shared, basic rules of conduct through commitments. Such cases also seem to have inspired recent self- and heteroregulatory initiatives. All in all, competition law seems to play the residual role of a sentinel in the secondary art market. In contrast, whether or not competition law will be enforced in the authentication service sector mainly depends on how private enforcement will develop in the EU and the US.

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Non-communicable diseases in general and cardiovascular diseases in particular are a leading cause of death globally. Trans-fat consumption is a significant risk factor for cardiovascular diseases. The World Health Organization's 'REPLACE' action package of 2018 aims to eliminate it completely in the global food supply by 2023. Legislative and other regulatory actions (i.e., banning trans-fat) are considered as effective means to achieve such a goal. Both wealthier and poorer countries are taking or considering action, as shown by the United States food regulations and Cambodian draft food legislation discussed in this paper. This paper reviews these actions and examines public and private stakeholders' incentives to increase health-protecting or health-promoting standards and regulations at home and abroad, setting the ground for further research on the topic. It focuses on the potential of trade incentives as a potential driver of a 'race to the top'. While it has been documented that powerful countries use international trade instruments to weaken other countries' national regulations, at times these powerful countries may also be interested in more stringent regulations abroad to protect their exports from competition from third countries with less stringent regulations. This article explores practical and principled considerations on how such a dynamic may spread trans-fat restrictions globally. It argues that trade dynamics and public health considerations within powerful countries may help to promote anti-trans-fat regulation globally but will not be sufficient and is ethically questionable. True international regulatory cooperation is needed and could be facilitated by the World Health Organization. Nevertheless, the paper highlights that international trade and investment law offers opportunities for anti-trans-fat policy diffusion globally.

Objetiva o presente artigo oferecer um estudo acerca do regime jurídico dos conselhos participativos, onde se apresentará as espécies de conselhos existentes, suas atribuições, a relação com o Poder Público criador, a composição destes colegiados e outras particularidades de forma a permitir entender o funcionamento destas instâncias de participação popular no bojo da democracia participativa. ; This article aims to provide a study on the legal regime of participatory councils, which will present the species of existing councils, their attributions, the relationship with the Public Authorities, the composition of these collegiate and other particularities in order to understand the popular participation in the heart of participatory democracy.

This study aims to analyze the use of public procurement that, besides providing the government what is needed to reach the objects, is used as a tool to boost technological innovation in the country, which is beneficial to national development. It also presents the short Brazilian experience of using the purchasing power as inductive mechanism for science and technology. ; O presente estudo tem por finalidade analisar o uso das contratações públicas, que além de prover a Administração daquilo que é necessário para atender seus objetivos, é utilizado como instrumento para impulsionar a inovação tecnológica no país, o que é benéfico para o desenvolvimento nacional, apresentando, ainda, a tímida experiência brasileira de utilizar o poder de compra governamental como mecanismo indutor de ciência e tecnologia.