DR-CAFTA: aspectos relevantes seleccionados del Tratado y reformas legales que deben realizar a su entrada en vigor los países de Centroamérica y la República Dominicana

Incluye Bibliografía

A judicialização da política no Supremo Tribunal Federal: análise de julgamentos relacionados à reforma do Estado nos anos 90

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

Análise e reflexões sobre a criação da empresa individual de responsabilidade limitada no cenário jurídico empresarial brasileiro

Pós-graduação em Direito - FCHS

Patent Strategies and R&D in Complex Product Industries

The study aims at providing a framework conceptualizing patenting activities under the condition of intellectual property rights fragmentation. Such a framework has to deal with the interrelated problems of technological complexity in the modern patent landscape. In that respect, ex-post licensing agreements have been incorporated into the analysis. More precisely, by consolidating the right to use patents required for commercialization of a product, private market solutions, such as cross-licensing agreements and patent pools help firms to overcome problems triggered by the intellectual property rights fragmentation. Thereby, private bargaining between parties as such cannot be isolated from the legal framework. A result of this analysis is that policies ignoring market solutions and only focusing on static gains can mitigate the dynamic efficiency gains as induced by the patent system. The evidence found in this thesis supports the opinion that legal reforms that aim to decrease the degree of patent protection or to lift it all together can hamper the functioning of the current system.

Legality and Human Rights: Administrative Justice in Russia 1862-1917

The question of how far pre-revolutionary Russia was from the ideal of a lawful state has received little academic attention, particularly as relates to the legal regulation of relations between person, society and state within the state administration. Pravilova explored the methods of settling disputes between individuals and the administration, and the emergence of legal controls of the administration, analysed projects for the organisation of administrative justice and studied the particular nature of concepts from Russian administrative justice. The idea of an organisation of special bodies examining complaints by private persons against the actions of officials and state bureaucratic organs first appeared in the early 1860s. In the 1870s-1890s various projects for the reform of administrative justice (reorganisation of the Senate and local administrative institutions) were proposed by the Ministries of Justice and Finance, but none of these was put into practice, largely due to resistance from the bureaucracy. At the same time, however, the rapid development of private enterprise, the activities of the zemstvo and self-government produced new norms and mechanisms for the regulation of authorities and social relations. Despite the lack of institutional conditions, the Senate did consider complaints from private persons against illegal actions by administrative officials, playing a role similar to that of the supreme administrative courts in France and Germany. The spread of concepts of a 'lawful state' aroused support for a system of administrative justice and the establishment of administrative tribunals was seen as a condition of legality and a guarantee of human rights. The government was forced to understand that measures to maintain legality were vital to preserve the stability of the system of state power, but plans for liberal reforms were pushed into the background by constitutional reforms. The idea of guarantees of human rights in relations with the authorities was in contradiction with the idea of the monarchy and it was only when the Provisional Government took power in 1917 that the liberal programme of legal reforms had any chance of being put into practice. A law passed in June 1917 ordained the organisation of local administrative justice bodies, but its implementation was hampered by the war, the shortage of qualified judges and the existing absolute legal illiteracy, and the few administrative courts that were set up were soon abolished by the new Soviet authorities. Pravilova concluded that the establishment of a lawful state in pre-revolutionary Russia was prevented by a number of factors, particularly the autocratic nature of the supreme authority, which was incompatible with the idea of administrative justice as a guarantee of the rights of citizens in their relations with the state.

Combatir al “enemigo interno" : el caso de la provincia de Mendoza (1973-1976)

Hacia mediados de la década del 70, la crisis institucional, la conflictividad social y el fracaso del intento redistribucionista del tercer gobierno peronista, llevaron a que se produjera una generalización de distintos procedimientos autoritarios que incluyeron el accionar represivo paraestatal y otras estrategias tales como reformas legales de corte represivo, un operativo de “limpieza" de militantes de izquierda al interior del peronismo, y modificaciones doctrinarias de reglamentos militares. En este trabajo, desde el campo de la historia reciente, y a partir del uso de fuentes escritas y orales, analizaremos en la trama local, de qué manera dichos factores se inscribieron y articularon en el proceso de represión paraestatal previo a la dictadura, en pos de profundizar en el estudio de las redes de relaciones implicadas en la prácticas coercitivas llevadas a cabo durante el tercer gobierno peronista.

Moralidade administrativa: o agente público na democracia do novo milênio

Os altos índices de corrupção no Brasil levaram a criação de algumas leis com o intuito de combater este mal que corrói a democracia e que preocupa todos os países democráticos. Este trabalho busca verificar as novas ferramentas jurídicas, bem como a responder a uma questão. Há mais alguma reforma necessária? Alguns estudos apontam influência de aspectos do sistema eleitoral no índice de corrupção. Se há, que reforma nesse sentido o Brasil poderia adotar? Foram utilizados método dialético e método comparativo, para análise de doutrina e legislação estrangeiras, comparando-as com as nacionais, e método indutivo para a análise de dados. Foram feitos grandes avanços legislativos, mas há que discutir o que pode ser aprimorado para criar um ambiente menos fértil à corrupção e tornar mais eficazes os mecanismos de controle dos agentes públicos.

Feministas y ciudadanas. Las aportaciones del feminismo español a la construcción del Estado democrático

El feminismo de la Transición contribuyó de manera decisiva a la extensión de los principios igualitarios en la sociedad española, replanteó el concepto de política para integrar en ella a las mujeres como sujetos activos y nuevos derechos vinculados a lo personal, y se movilizó en campañas muy influyentes en demanda de reformas legales que consolidaron la naturaleza democrática del Estado. En este texto se propone partir de la paradoja de la igualdad y la diferencia para reflexionar sobre las relaciones entre feminismo y política en la Transición, abordando tanto el debate de la doble y la única militancia, como las principales interpretaciones sobre el alcance de los logros del feminismo en la configuración del Estado democrático.

Women's Rights in the Aftermath of Egypt's Revolution. Arab Citizenship Review No. 9, 26 August 2015 [also EUSpring Working Paper No. 5]

Addressing the issue of “women’s rights” in Egypt may seem like an easy topic from a purely legal standpoint, but the most enlightening way to do so is to adopt a holistic approach by understanding the political, social, cultural and class effects of this issue. Since 1952, people in Egypt have looked at “women’s rights” as a purely state matter, one characterised mainly by legal reforms. Until 2011, women’s rights were manipulated via a top-down approach by making changes in some policies and laws. Since 2011, with the emergence of the question of social movements, tackling women’s rights has been transformed via the use of certain tools and different perspectives. This is clearly manifested in the vast mobilisation that took place in governorates outside Cairo, which featured the use of artistic tools such as graffiti, story-telling performances, the production of feminist songs, open-microphone sessions, etc., in addition to the extensive use of social media and online campaigning to mainstream feminist ideologies and highlight violations experienced by women. Before 2011, the public space in Egypt was limited to citizens, political groups and civil society for employing legal approaches such as litigations and policy changes by direct pressure on authorities. The 2011 revolution opened the public space to the use of new tools that are not limited to protests and sit-ins, but also new media windows and new political forces who carried the question of certain rights in their agendas as well as the accessibility of different governmental actors. This paper will highlight different topics around women’s rights and gender issues in Egypt after 2011. This paper will review different gender issues after 2011, including the targeting of women in public spaces, women’s representation in decision-making bodies, legal reform, economic and social rights, and sexual and reproductive rights. It will also investigate how the feminist movement has changed and evolved since 2011, and to what degree women's issues and feminism can be analysed in a multidisciplinary way.

Local Actors in Donor-Funded Rule of Law Assistance in Indonesia: Owners, Partners, Agents?

Thesis (Ph.D.)--University of Washington, 2016-06

GESTIÓN HÍDRICA LOCAL

Resumen La Evaluación Múlticriterio (EMC), integra las diferentes dimensiones de una realidad en un sólo marco de análisis, para brindar un acercamiento de la gestión del recurso hídrico en los cantones Barva, Santa Bárbara y San Rafael de Heredia, con el objetivo de generar las políticas hídricas locales adecuadas. Esta estructura metodológica presenta una gran transparencia como herramienta en la toma de decisiones, identificando claramente los diferentes actores involucrados, describiendo, al mismo tiempo los problemas de gestión del recurso hídrico en la zona; a la vez que permite delimitar los conflictos sociales y mostrar diferentes posibilidades para su solución a través de compromisos y diálogo entre las partes. De éste diálogo emergen soluciones concretas, estructuradas como políticas locales hídricas, tales como: Planes de Gestión Hídrica, Inversión Pública y Privada, Coordinación Institucional, Reforma Institucional/legal. La zona presenta una atmósfera conflictiva alrededor de la gestión del agua y por tanto en la estructuración de políticas hídricas locales. Esta conflictividad ‘sectorial’(es decir por cantón) se superpone a una extraordinaria conflictividad ‘territorial’. La escasez o competencia sobre el agua se fundamenta en unas demandas crecientes que son expresión de un proceso de desarrollo urbano y turístico acelerado y desordenado.   Abstract The Evaluation Multi-criteria analysis (EMA), integrates the different dimensions of a reality in an analysis mark, to offer an approach of the administration of the hydric resources in the Heredia´s cities of Barva, Santa Bárbara and San Rafael, with the objective of generating the local adequate hydrics policies. This methodological structure presents a great transparency like tool in the taking of decisions, identifying the different involved actors clearly, describing, at the same time, the problems of administration of the hydric resources in the area; and at the same time, it allows to define the social conflicts, as showing different possibilities for their solution through commitments and dialogue among the parts. Of this dialogue concrete solutions they emerge, structured as hydrics local policies, such as: Plans of hydric management, Public and Private Investment, Institutional Coordination, Institucional/legal reforms. The area presents a conflicting atmosphere around the administration of the water and therefore in the structuring of local hydrics policies. This conflict 'sectorial' (to say for canton) it is superimposed to an extraordinary 'territorial' conflict. The shortage or competition for water are based in some growing demands that are expression of a process of quick and disordered urban and tourist development.

Credit-Default-Swaps and the 2008 Financial Crisis: An Inquiry into the Underlying Legal Origins and the European Union’s Regulatory Reforms

After the 2008 financial crisis, the financial innovation product Credit-Default-Swap (CDS) was widely blamed as the main cause of this crisis. CDS is one type of over-the-counter (OTC) traded derivatives. Before the crisis, the trading of CDS was very popular among the financial institutions. But meanwhile, excessive speculative CDSs transactions in a legal environment of scant regulation accumulated huge risks in the financial system. This dissertation is divided into three parts. In Part I, we discussed the primers of the CDSs and its market development, then we analyzed in detail the roles CDSs had played in this crisis based on economic studies. It is advanced that CDSs not just promoted the eruption of the crisis in 2007 but also exacerbated it in 2008. In part II, we asked ourselves what are the legal origins of this crisis in relation with CDSs, as we believe that financial instruments could only function, positive or negative, under certain legal institutional environment. After an in-depth inquiry, we observed that at least three traditional legal doctrines were eroded or circumvented by OTC derivatives. It is argued that the malfunction of these doctrines, on the one hand, facilitated the proliferation of speculative CDSs transactions; on the other hand, eroded the original risk-control legal mechanism. Therefore, the 2008 crisis could escalate rapidly into a global financial tsunami, which was out of control of the regulators. In Part III, we focused on the European Union’s regulatory reform towards the OTC derivatives market. In specific, EU introduced mandatory central counterparty clearing obligation for qualified OTC derivatives, and requires that all OTC derivatives shall be reported to a trade repository. It is observable that EU’s approach in re-regulating the derivatives market is different with the traditional administrative regulation, but aiming at constructing a new market infrastructure for OTC derivatives.

Legal and political regulation of higher education in Portugal: an evolutionary perspective on the current policy issues and the problem of order

The higher education system in Europe is currently under stress and the debates over its reform and future are gaining momentum. Now that, for most countries, we are in a time for change, in the overall society and the whole education system, the legal and political dimensions have gained prominence, which has not been followed by a more integrative approach of the problem of order, its reform and the issue of regulation, beyond the typical static and classical cost-benefit analyses. The two classical approaches for studying (and for designing the policy measures of) the problem of the reform of the higher education system - the cost-benefit analysis and the legal scholarship description - have to be integrated. This is the argument of our paper that the very integration of economic and legal approaches, what Warren Samuels called the legal-economic nexus, is meaningful and necessary, especially if we want to address the problem of order (as formulated by Joseph Spengler) and the overall regulation of the system. On the one hand, and without neglecting the interest and insights gained from the cost-benefit analysis, or other approaches of value for money assessment, we will focus our study on the legal, social and political aspects of the regulation of the higher education system and its reform in Portugal. On the other hand, the economic and financial problems have to be taken into account, but in a more inclusive way with regard to the indirect and other socio-economic costs not contemplated in traditional or standard assessments of policies for the tertiary education sector. In the first section of the paper, we will discuss the theoretical and conceptual underpinning of our analysis, focusing on the evolutionary approach, the role of critical institutions, the legal-economic nexus and the problem of order. All these elements are related to the institutional tradition, from Veblen and Commons to Spengler and Samuels. The second section states the problem of regulation in the higher education system and the issue of policy formulation for tackling the problem. The current situation is clearly one of crisis with the expansion of the cohorts of young students coming to an end and the recurrent scandals in private institutions. In the last decade, after a protracted period of extension or expansion of the system, i. e., the continuous growth of students, universities and other institutions are competing harder to gain students and have seen their financial situation at risk. It seems that we are entering a period of radical uncertainty, higher competition and a new configuration that is slowly building up is the growth in intensity, which means upgrading the quality of the higher learning and getting more involvement in vocational training and life-long learning. With this change, and along with other deep ones in the Portuguese society and economy, the current regulation has shown signs of maladjustment. The third section consists of our conclusions on the current issue of regulation and policy challenge. First, we underline the importance of an evolutionary approach to a process of change that is essentially dynamic. A special attention will be given to the issues related to an evolutionary construe of policy analysis and formulation. Second, the integration of law and economics, through the notion of legal economic nexus, allows us to better define the issues of regulation and the concrete problems that the universities are facing. One aspect is the instability of the political measures regarding the public administration and on which the higher education system depends financially, legally and institutionally, to say the least. A corollary is the lack of clear strategy in the policy reforms. Third, our research criticizes several studies, such as the one made by the OECD in late 2006 for the Ministry of Science, Technology and Higher Education, for being too static and neglecting fundamental aspects of regulation such as the logic of actors, groups and organizations who are major players in the system. Finally, simply changing the legal rules will not necessary per se change the behaviors that the authorities want to change. By this, we mean that it is not only remiss of the policy maker to ignore some of the critical issues of regulation, namely the continuous non-respect by academic management and administrative bodies of universities of the legal rules that were once promulgated. Changing the rules does not change the problem, especially without the necessary debates form the different relevant quarters that make up the higher education system. The issues of social interaction remain as intact. Our treatment of the matter will be organized in the following way. In the first section, the theoretical principles are developed in order to be able to study more adequately the higher education transformation with a modest evolutionary theory and a legal and economic nexus of the interactions of the system and the policy challenges. After describing, in the second section, the recent evolution and current working of the higher education in Portugal, we will analyze the legal framework and the current regulatory practices and problems in light of the theoretical framework adopted. We will end with some conclusions on the current problems of regulation and the policy measures that are discusses in recent years.

When do trade reforms imply larger poverty reductions?

A Work Project, presented as part of the requirements for the Award of a Masters Degree in Economics from the NOVA – School of Business and Economics