A relação entre o direito internacional e o direito da União Européia após o Acórdão Kadi: o controle da legalidade das resoluções do conselho de segurança da ONU

O objetivo deste trabalho é avaliar se é possível ou não o Tribunal de Justiça da União Européia controlar a legalidade das Resoluções do Conselho de Segurança da ONU, à luz do caso Kadi. Com base no posicionamento adotado pelo Tribunais de Justiça da União Européia no caso, cujo fim precípuo é proteger os direitos fundamentais dos indivíduos e garantir o respeito do direito na interpretação e aplicação dos Tratados da União Européia, chega-se à conclusão de que é possível controlar a legalidade das Resoluções do Conselho de Segurança, à luz dos direitos fundamentais e das regras de jus cogens. Tal possibilidade produz efeitos diretos e indiretos, favorecendo uma nova articulação entre o direito da União Européia e o Direito Internacional.

Competition and cooperation between international courts: a critical approach to the new paradigms of cross-border dispute resolution model

This article examines the arising cross-border dispute resolution models (Cooperation and Competition among national Courts) from a critical perspective. Although they have been conceived to surpass the ordinary solution of a Modern paradigm (exclusive jurisdiction, choice of court, lis pendens, forum non conveniens, among others), they are insufficient to deal with problems raised with present globalization, as they do not abandon aspects of that paradigm, namely, (i) statebased Law; and (ii) standardization of cultural issues.

Enforcing international financial standards in Brazil: limits and possibilities for adoption of IOSCO principles

Foreign capital and institutional investors play a key role in the Brazilian capital and financial markets. Internationally promoted regulatory patterns, especially IOSCO principles, have been increasingly influencing administrative rule making by the Brazilian Securities and Exchange Commission (CVM) as well as the adoption of transnational rules in Brazil by means of self-regulatory activity. Even though there is a certain level of convergence of market regulatory standards at the transnational level, implementation and enforcement of rules remains essentially domestic. We analyze two case studies regarding the transposition of international standards into the Brazilian legal system, which illustrate this tension between the transnational and domestic dimensions of financial markets regulation. The first case concerns a CVM rule on disclosure of executive compensation and the its interpretation by local courts. The second case refers to the adoption of suitability rules.

International integration and long- run persistence of the GNP distribution

We use the Ramsey model of g,Towth elaborated by Bliss [1995] and Ventlira [1997] to show how international integration results in long-nm persistellce Df GNPs distribution, while allowing, under certain conditions on parameters, for convergellce during the transition. First, we pi·ovide relationships which explicitly relate, in the neighborhood of the steady-state, the magnitude of conditional convergence or divergence to the fundamentaIs of the economies. Second, we present ali analysis of the Cobb Douglas case with a broad dass of utility functions and show that there is always transitional convergenee with this technology. Third, directions for testing the Illodel against the traditional dosed-ecollomy setting are proposed. These lead to adding specific and world-wide regTessors to traditional growth regressions.

International entry modes in Brazil and the CAGE distances effects

The international entry mode choices have a relevant importance for the impact they have on successful internationalization strategies. Many theories have been developed to describe which entry mode may be better than another according to the particular situation. The CAGE Distances Framework developed by Ghemawat to identify which dimensions companies should look when develop an internationalization strategy, may be useful to identify also how those dimensions impact on the international entry mode decision. The aim of this thesis is to study which kind of relationship exists between Cultural, Administrative, Geographic and Economic Distances and international entry mode choice. It analyzes a sample of companies that have been entered in Brazil through a logistic regression. According to this analysis, a negative and significant relation between Cultural Distance and need of control exists, a positive one exists between Administrative and Geographic, while no significant relationship has been found with the Economic dimension. Those findings are conceivably explainable through the theories found by scholars, but a deeper analysis that may take into account the specificity of every country is highly recommended, like the one developed with Brazil in this thesis.