3 resultados para International Investment Law

em Universidade Federal do Rio Grande do Norte(UFRN)


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The apportionment of natural resources between sovereign States is a subject that relates many aspects of International law, as long as Constitutional Law, at the execution and application phases of international treaties that regulates the exploration of common goods. In this sense, because of their natural characteristics that creates an environment of constant migration and fixation in transboundary regions, terrestrial or maritime, the petroleum and the natural gas bound a complex juridical apparatus that can control the sovereign rights involved. This research is aim at accomplishing a study concerning the international agreements that enable the non-unilateral action, specifically the unitization treaties between sovereign States, as a manner to resolve situations related to the individualization of oil and/or gas reservoirs that go across their national borders. These agreements will be analyzed considering the international public law sources theory, bearing in mind yet the already existed experiences in this sense, not disregarding the way that this fact could affect Brazil. It will begin with an historical incursion over the unitization institute, covering its main characteristics and its formation and execution procedures, and finally it will address the Brazilian legal system and the comparative law threats the institute. The clauses of these relevant agreements will be analyzed in details, concerning its particularities and its contents. Because these agreements are international obligatory rules of law, it is indispensable that they are considered under the auspices of the international law system, focusing their nature and the subjects of international law and establishing them as sources of the international law, analyzing them, then, as international rules and the applicable law to these juridical relations, the conventional established, the consolidated international custom and the applicable International Law principles, appearing the State s responsibility as an important subject for the verification of the acts lawful practiced by States. The analysis of the apportionment of these natural resources ends with the individualization of possible exploitable marine oil fields located between the exclusive economic zone and the continental platform ends and the region administrated by the International Seabed Authority. At last, the Brazilian constitutional system appears as the mechanism of integration, application and execution of the international unitization agreements in Brazil, detaching the format and the proceedings that the international treaties take to acquire validity at the national legal system, passing through the treaties interpretation and the applicable constitutional principles, coming to its application in Brazil, considering the existing constitutional peculiarities and the role played by the National Agency of Petroleum, Natural Gas and bio-fuel ANP

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This research focuses on raise the discussion of existance tourism policies in Rio Grande do Norte and its contributions to the integration of local communities in the coastal tourist activity. Guided by the background of the neoliberalism and its influence on the model of tourism development adopted in Rio Grande do Norte. For that, were surveyed the concrete realities of coastal localities of the municipalities of Ceará-Mirim, Extremoz, Parnamirim and Nísia Floresta covered by Prodetur-RN I and II, by being part of the tourist portion of the state that have received domestic and international investment and, because are located in the geographical area of the Potiguar capital, Natal. We interviewed the municipal managers and the residents of local communities who live in municipalities more than ten years. Also, was raised a discussion on the role of the state as the main agent of public policies and hegemonic facilitator in the attraction of domestic and foreign investments, with the main scenario the neoliberal model of economic development. Here discuss ways and strategies of socio-political organization of local communities, with regard to the inclusion in the tourist and, pointing to the critical development model in question and signaling other concepts of development model, such as local basis, for example. By the ending of the research, was concluded that the model of development of the tourism in the Rio Grande do Norte is reflected of the way of life of the society, that the communities live in precarious conditions and that the way of inclusion in the tourism is almost incipient. Also, it was possible to detect the inexistence of public politics of tourism that promoted the planning of the tourist activity, as well as, the inclusion of the communities in the decision processes and that, searched the development on the basis of the principles of sustainable and local autonomy

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Since the middle of 1970´s the world has been undergoing significant transformations, comes in a new era of global capital accumulation, and starts the called productive restructuring. This restructuring is materialized spatially through the reconfiguration of territory, redefining its uses and providing a new spatial structure. With regard to native of Rio Grande do Norte territory, there is, from the 1980s, the emergence of new economic activities, among which stand out tourism, which become stimulated from government policies. In this context, has stood the east coast of the state, because its beaches have recognized scenic appeal and environmental quality. Therewith business opportunity, international investors ended up investing in this portion of Rio Grande do Norte´s territory, especially over the last decade. The expansion of this process, to the north coast, resulted in the emergence of intense property dynamics in the municipalities of Maxaranguape and Rio do Fogo. The low value of the property and buildings, compared to the European market and the availability of real property, were the main factors that explain the attraction of such investors, who are now seen as new business opportunities with high rates of profitability, in tropical areas, hitherto remote geographical location of the economic system. Therefore, the objective of the research is to analyze to what extent the International Investment promoted the appreciation of property in the municipalities of Maxaranguape and Rio do Fogo. The time frame covers the period among 2000- 2013. The methodology consisted of the following proceedings: surveys and analysis of data collected in the property registry office of the Maxaranguape and Rio do Fogo municipalities; interviews with public and private officials that were important for the analysis of spatial transformations and the recovery of the property that occurred in the municipalities studied; collection of secondary data from official bodies, such as IBGE, MTUR, SETUR, BNB etc. Analyzing the information and data that have been cataloged, it was concluded that this investments are reinforcing old leisure and tourism practices existing in the past in those territories and, shifted (creating new territorial arrangements) a significant part of the eastern coast zone areas of the state. Another consequence connected to this recent phenomenon refers to property’s increase in value that has occurred in this part of the state, episode which is directly connected to that event. Therefore, it is realize that the expansion and the incorporation of the capital territories reveal, in part, the strategies of the capitalist mode of production, which are evident in the search for better conditions of accumulation, expanding the alternative of use of the properties which occurs in selective way and uneven in the geographic space form. It is observed that the mechanisms that capital makes use to impose their practices can happen through the property’s increase in value market, meaning, thereby, that the reproduction of imbalances happens, often, through the marked property speculation with the fast increase in value of properties.