Taking as Giving, Appropriation as Access: Transfers of Land Development Rights and China’s Recent Experiments

Economic development at both the domestic and global levels is associated with increasing tensions which are inextricably linked to the meaning and allocation of property rights, which has a great impact on appropriation of resources and may lead to different paths of development. “Taking”-- the appropriation of private land for public needs -- is a typical example that exhibits those tensions, posing a challenge to the conventional conception of property as individualistic and exclusive rights of possession, use, and disposition and to the associated neoliberal model of development. Should the individual landowner be left to bear the cost of a regulatory intervention which endures to the wider benefit of the whole community? How to mitigate the tensions between private ownership and public regulation? If we take the liberal concept of property, then private property seems to be in constant conflict with public interests and wider social concerns. Meanwhile, community, situating between the state and the individuals, and community’s relationship to development rights, have not provoked enough discussion. The paper explores the different ways land development rights might be seen both in Western, essentially common law systems, and in China, especially now and in view of two case studies. An empirical example in Wugang, China reveals the importance of integrating the “community lens” proposed by Roger Cotterrell into studies of the transfer of land development rights. Reading through the community lens, taking could be giving and appropriation could also be access. This approach provides a new perspective to re-evaluate the relationship between legal appropriation and development.

The establishment mode choice of German multinational enterprises in Brazil: A comparative approach

We examine the drivers behind the establishment mode choice of German multinational enterprises (MNEs) in the sectors of Automotive, Chemicals and Mechanical Engineering in Brazil for the years 1993-2013 using a novel sample of primary data obtained directly from German MNEs. Based on prevalent theories found in the literature, we test the most common hypotheses on our sample. Firms with high R&D activities and firms with prior market knowledge in Brazil in from of previous sales offices are more likely to enter Brazil by a Greenfield investment. We also show that it is the specific private ownership of the German so-called hidden champions that drive those specific SMEs to enter Brazil by Greenfield, a sneaking suspicion that has been made before. Finally, we show that the establishment mode choice between Brazil and the USA only deviates to a low extent, with German MNEs preferring to enter Brazil by Greenfield and the USA by M&A. Thereby, we provide valuable insights for future research in this field.

Decentralization and privatization in Portuguese health reforms

ABSTRACT - The Portuguese National Health Service (SNS), a universal, centralized and public owned health care system, exhibits an extraordinary record of equalization in the access to health care and health gains in the late thirty years. However, the most recent history of the Portuguese health reform is pervaded by the influence of decentralization and privatization. Decentralization has been present in the system design since the 1976 Constitution, at least in theory. Private ownership of health care suppliers and out-ofpocket expenditures, on the financing side, both have a long tradition of relevance in the NHS mix of services. The initial aim of this study was to demonstrate expected parallelism between health reforms and public administration reforms, where a common pattern of joint decentralization and privatization was observed in many countries. Observers would be tempted to consider these two movements as common signs of new public management (NPM) developments. They have common objectives, are established around the core concepts of gains in effectiveness, efficiency, equity and quality of public services, through improved accountability. However, in practice, in Portugal, each movement was developed in a totally separated way. Besides those rooted in the NPM theory, there are few visible signs of association between decentralization and privatization. Decentralization, in the Portuguese SNS, was never intended to be followed by a privatization movement; it was seen merely as a public administration tool. Private management of health services, as stated in the most recent SNS legislation, was never intended to have decentralization as a condition or as a consequence. Paradoxically, in the Portuguese context, it has led invariably to centralized control. While presented as separate instruments for a common purpose, the association between decentralization and privatization still lacks a convincing demonstration. Many common health care management stereotypes remain to be checked out if we want to look for eventual associations between these two organizational tools.

Natural-Resource Exploitation with Costly Enforcement of Property Rights

This paper proposes a model of natural-resource exploitation when private ownership requires costly enforcement activities. For a given wage rate, it is shown how enforcement costs can increase with labor's average productivity on a resource site. As a result, it is never optimal for the site owner to produce at the point where marginal productivity equals the wage rate. It may even be optimal to exploit at a point exhibiting negative marginal returns. An important parameter in the analysis is the prevailing wage rate. When wages are low, further decreases in the wage rates can reduce the returns from resource exploitation. At sufficiently low wages, positive returns can be rendered impossible to achieve and the site is abandoned to a free-access exploitation. The analysis provides some clues as to why property rights may be more difficult to delineate in less developed countries. It proposes a different framework from which to address normative issues such as the desirability of free trade with endogenous enforcement costs, the optimality of private decisions to enforce property rights, the effect of income distribution on property rights enforceability, etc.

Régimen jurídico de los activos eléctricos en Colombia: planteamiento general y principales problemas.

La energía eléctrica y los bienes o activos eléctricos (de acuerdo con la definición técnica) con que se lleva a cabo su prestación, goza de una particular regulación y normatividad, explicables por la importancia capital de este servicio público, sumado al diseño institucional traído por la constitución de 1991, lo que la hace especialmente compleja, dinámica y abierta a precisiones. Es ese sentido, se parte de un entendimiento inicial de todos los activos que conforman una red de generación, transmisión y distribución eléctrica, para de esa forma comenzar a esbozar el régimen jurídico de los mismos, dependiendo de su posición dentro de la cadena de suministro eléctrico. Una vez concluido este acercamiento, se abordan los principales problemas previsibles desde una perspectiva puramente académica, como por ejemplo el relacionado con el alcance de los conceptos de la CREG y su valor normativo, la presunta inembargabilidad de los bienes destinados a la prestación de servicios públicos en cabeza de comunidades organizadas y el problema de la propiedad de particulares sobre activos conformantes de la red de suministro eléctrico y la salida normativa a ese conflicto (pues no debe olvidarse que los propietarios de activos de uso general, de acuerdo con la CREG, deben ser prestadores de servicios públicos domiciliarios) de modo tal que se respeten los derechos de propiedad. De cada uno de estos interrogantes surgen soluciones que lejos de zanjar las discusiones al respecto, buscan abrir el debate sobre un tema de tan capital importancia.

Changes in the distribution of red foxes (Vulpes vulpes) in urban areas in Great Britain: findings and limitations of a media-driven nationwide survey

Urbanization is one of the major forms of habitat alteration occurring at the present time. Although this is typically deleterious to biodiversity, some species flourish within these human-modified landscapes, potentially leading to negative and/or positive interactions between people and wildlife. Hence, up-to-date assessment of urban wildlife populations is important for developing appropriate management strategies. Surveying urban wildlife is limited by land partition and private ownership, rendering many common survey techniques difficult. Garnering public involvement is one solution, but this method is constrained by the inherent biases of non-standardised survey effort associated with voluntary participation. We used a television-led media approach to solicit national participation in an online sightings survey to investigate changes in the distribution of urban foxes in Great Britain and to explore relationships between urban features and fox occurrence and sightings density. Our results show that media-based approaches can generate a large national database on the current distribution of a recognisable species. Fox distribution in England and Wales has changed markedly within the last 25 years, with sightings submitted from 91% of urban areas previously predicted to support few or no foxes. Data were highly skewed with 90% of urban areas having <30 fox sightings per 1000 people km-2. The extent of total urban area was the only variable with a significant impact on both fox occurrence and sightings density in urban areas; longitude and percentage of public green urban space were respectively, significantly positively and negatively associated with sightings density only. Latitude, and distance to nearest neighbouring conurbation had no impact on either occurrence or sightings density. Given the limitations associated with this method, further investigations are needed to determine the association between sightings density and actual fox density, and variability of fox density within and between urban areas in Britain.

A concessão de uso especial para fins de moradia na ordem jurídica brasileira: a medida provisória 2.220 a partir de uma análise constitucional

Este trabalho se propõe a analisar a posse dos bens públicos, sob a perspectiva do neoconstitucionalismo, com destaque para o princípio da função social da propriedade. A tese deste estudo se pautou na afirmativa de que a partir do surgimento da concessão de uso especial para fins de moradia, instituída pela Medida Provisória 2.220 para regulamentar o artigo 183, § 1º da Constituição Federal de 1988, a função social da propriedade, antes sobrelevada nos litígios envolvendo a posse dos bens públicos, passou a ser discutida no âmbito dos tribunais. Para a comprovação da referida tese, analisou-se a jurisprudência do Superior Tribunal de Justiça, dos Tribunais Regionais Federais das cinco regiões do país e dos Tribunais de Justiça do Estado do Rio de Janeiro e do Rio Grande do Sul. Feita esta análise, foi possível comprovar a tese defendida. Com o intuito de garantir a máxima eficácia ao princípio da função social da propriedade, defendeu-se a não delimitação temporal imposta pela MP 2.220, tendo por base quatro argumentos de índole constitucional, sendo eles, a observância da força normativa da Constituição, a aplicação dos tratados internacionais de Direitos Humanos, o respeito ao princípio da igualdade e, por fim, o princípio da supremacia da Constituição.

The establishment mode choise of German multinational enterprises in Brazil: a comparative approach

We examine the drivers behind the establishment mode choice of German multinational enterprises (MNEs) in the sectors of Automotive, Chemicals and Mechanical Engineering in Brazil for the years 1993-2013 using a novel sample of primary data obtained directly from German MNEs. Based on prevalent theories found in the literature, we test the most common hypotheses on our sample. Firms with high R&D activities and firms with prior market knowledge in Brazil in from of previous sales offices are more likely to enter Brazil by a Greenfield investment. We also show that it is the specific private ownership of the German so-called hidden champions that drive those specific SMEs to enter Brazil by Greenfield, a sneaking suspicion that has been made before. Finally, we show that the establishment mode choice between Brazil and the USA only deviates to a low extent, with German MNEs preferring to enter Brazil by Greenfield and the USA by M&A. Thereby, we provide valuable insights for future research in this field.

A envergadura constitucional da posse qualificada na desapropriação privada

The constitutionalisation of private relations is the central theme of this work. Approached him overcome the dichotomy between public and private, through functionalization to the constitutionalization of civil law. Research on the effectiveness of horizontal rights. Constitutional under the lens, we analyzed the tense relationship between possession and ownership desfuncionalizada functionalized. We realize that having qualified and gained autonomy, and mechanism of access to goods, in view of the status sheet minimum, and of accomplishment, materializing human dignity. Then, we investigated the expropriation of private ownership qualified as legislative intervention that ensures the enforcement of fundamental rights through the state-court. We face the legal, the constitutionality and the burden of this institute. Also operability that it gives the judge, the process of exercise, the object, issues related to the burden and assessment of damages, as well as the nature, timing and costs of transferring property. At the end, we point to the scarcity palace, as well as the need to repair lege ferenda. The methodological approach has been championed by legal dogmatics in its analytical aspect, as we explore concepts and correlate with our planning. In empirical connotation, we evaluated the normativity and applicability of our law courts. For the ultimate in normative vision, answers to the problems faced and perform the necessary propositions, based on the results from the conceptual and empirical analysis

Geologia e paleontologia de depósitos fossilíferos pleistocênicos do Rio Grande do Norte

This study deals with origin, sedimentary filling and fossil content of three tanks situated at Antônio Martins, Barcelona, Rui Barbosa, and Apodi counties, Rio Grande do Norte State. In addition, fossil materials from the Câmara Cascudo Museum - UFRN - Fundação Amigos do Lajedo Soledade - FALS, and from private ownership were investigated. The following families were identified: Megatberiidae, Gomphotheriidae, Mylodontidae, Equidae, Felidae, Canidae, Hydrochoeridae, Camelidae, Cervidae, Dasypodidae, Glyptodontidae, Macraucheniidae, Toxodontidae, and an undetermined Edentata Pilosa. The megafauna analysis indicated that herbivorc families occur mainly in tanks, whereas carnivore families occur in a vast proportion in an investigated ravine. Taphonomie analyses were limited to physical features because the vast majority of fossils were previously colleted without appropriate care for this kind of study. The main fossization processes were identified during diagenetie investigation. Permineralization is the most important process and replacement is the secondary one during fossilization. The study concluded that paleoenvironmental conditions during the late Pleistocene were more humid than the current one. Tropical savana, characterized by fields and cerrados , was the dominant vegetation

Atividade docente e Educação Especial: dos encaminhamentos históricos ao contraponto Histórico-Cultural

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

Property Law

This chapter examines the economics of property rights and property law. Property law is a fundamental part of social organization and is also fundamental to the operation of the economy because it defines and protects the bundle of rights that constitute property. Property law thereby creates incentives to protect and invest in assets and establishes a legal framework within which market exchange of assets can take place. The purpose of this chapter is to show how the economics of property rights can be used to understand fundamental features of property law and related extra-legal institutions. The chapter will both examine the rationale for legal doctrine and the effects of legal doctrine regarding the exercise, enforcement, and transfer of rights. It will also examine various property rights regimes including open access, private ownership, common property and state property. The guiding questions are: How are property rights established? What explains the variation in the types of property rights? What governs the use and transfer of rights? And, how are property rights enforced?

Atentique´s environmental and economic development shrinkage in globlalization era

This paper focuses on the effects the transfer of ownership from a state‐owned Paper Mill Company to a corporate private ownership has had on environmental and economic shrinkage in Atenquique. This transfer was the result of the ongoing economic process of globalization, after the industrial boom of the paper mills during the second half of the last century. The paper also focuses on how the employees of this Paper Mill Company live and how they have been affected by globalization and how they feel about their paper mill’s new corporate owners. The methodology used was descriptive and exploratory. A sample of ten workers at the company who lived in Atenquique was chosen for an interview. After being inhabited the town of Atenquique developed in terms of population, society and economy. On the other hand the Industrial Company of Atenquique grew during the period when it was a property of the Mexican State. After the company’s privatization, the town started to decline and shrink in three above‐mentioned variables. The impact on the environmental and economic development has initiated the shrinking and declining of Atenquique and the surrounding cities and towns.

Los títulos coloniales y la propiedad plena en la región pampeana cordobesa a fines del siglo XIX

El objetivo del artículo es analizar la apropiación de la tierra a través de la legalización de títulos precarios ocurrida en la segunda mitad del siglo XIX en la región pampeana argentina. Para ello, se recurrió a un recorte temporal y espacial y aun abordaje cualitativo de documentación judicial, notarial y catastral, relacionada con los inmuebles afectados por mercedes o denuncias coloniales, correspondientes al departamento Rio Cuarto.
Una de las principales conclusiones alcanzadas es que por medio de la legitimación de derechos precarios se constituyó un grupo de grandes propietarios de reciente vinculación con la tierra

Los títulos coloniales y la propiedad plena en la región pampeana cordobesa a fines del siglo XIX

El objetivo del artículo es analizar la apropiación de la tierra a través de la legalización de títulos precarios ocurrida en la segunda mitad del siglo XIX en la región pampeana argentina. Para ello, se recurrió a un recorte temporal y espacial y aun abordaje cualitativo de documentación judicial, notarial y catastral, relacionada con los inmuebles afectados por mercedes o denuncias coloniales, correspondientes al departamento Rio Cuarto.
Una de las principales conclusiones alcanzadas es que por medio de la legitimación de derechos precarios se constituyó un grupo de grandes propietarios de reciente vinculación con la tierra