EIA-RIMA insuficiente como avaliação de impactos ambientais enquanto busca de sustentabilidade urbana: o caso de São Sebastião

O presente trabalho comprova que o atual instrumento EIA-RIMA - Estudo de Impacto Ambiental e seu respectivo Relatório de Impacto Ambiental, é insuficiente enquanto busca de sustentabilidade urbana no Litoral Norte do Estado de São Paulo, especificamente no município de São Sebastião. O método de analise dos EIA-RIMA sempre enfatizam os ganhos econômicos e atenuam os impactos negativos, apesar das fragilidades naturais, estruturais e restrições legais incidentes. A tese comprova que os instrumentos utilizados no âmbito do processo de licenciamento ambiental dos empreendimentos, como a ampliação do porto comercial de São Sebastião, estão pouco comprometidos com o real desenvolvimento sustentável da cidade e região. As especificidades geográficas, sobretudo as facilidades de interface do território terrestre com o marítimo, proporcionadas pelas características naturais do Canal de São Sebastião, sempre ofereceram condições privilegiadas para o abrigo de embarcações, característica decisiva na escolha do lugar como cidade portuária, vinculada aos mais importantes ciclos econômicos do país. Agora, em 2015, está prestes a entrar em um novo ciclo, principalmente com a ampliação do porto comercial, duplicação da rodovia dos Tamoios e da SP-055 e a exploração da camada pré-sal na Bacia de Santos. A região já apresenta todos os problemas de uma ocupação acelerada em um território ambientalmente frágil, localizado em estreita faixa litorânea, composta de um lado pela Serra do Mar e do outro pelo Oceano Atlântico. Se não houver um planejamento urbano e regional que considere as características e capacidade de suporte deste território, a zona costeira entrará em colapso. Saber dosar o uso de suas potencialidades sem esgotá-las será o desafio de nossa geração. Os Estudos de Impactos Ambientais precisam ser aperfeiçoados para que ações mitigadoras alcancem muito mais do que o mínimo, alinhadas a investimentos, tecnologias inovadoras, infraestruturas necessárias e obrigatórias que sejam pensadas de maneira conjunta e cumulativa nas diversas esferas do poder, com efetiva participação pública, caso contrário, o crescente interesse econômico e político tenderá à destruição irreversível do patrimônio histórico e natural deste território. O EIA está se transformando em um poderoso instrumento político de ordenamento territorial que acaba por definir critérios e parâmetros de uso e ocupação, desempenhando uma função que não lhe compete, além de aprofundar o desencontro entre uma vida urbana de qualidade e um ambiente equilibrado em nome do desenvolvimento econômico e a serviço dos interesses privados.

An address on temperance /

Appendix (p. [86]-119) contains list of officers of the Massachusetts Temperance Society, reports of temperance meetings, and proposals for legal restrictions on the sale of alcohol.

An address on temperance /

Appendix (p. [86]-119) contains list of officers of the Massachusetts Temperance Society, reports of temperance meetings, and proposals for legal restrictions on the sale of alcohol.

Improving minimum rate predictors algorithm for compression of volumetric medical images

Medical imaging technologies are experiencing a growth in terms of usage and image resolution, namely in diagnostics systems that require a large set of images, like CT or MRI. Furthermore, legal restrictions impose that these scans must be archived for several years. These facts led to the increase of storage costs in medical image databases and institutions. Thus, a demand for more efficient compression tools, used for archiving and communication, is arising. Currently, the DICOM standard, that makes recommendations for medical communications and imaging compression, recommends lossless encoders such as JPEG, RLE, JPEG-LS and JPEG2000. However, none of these encoders include inter-slice prediction in their algorithms. This dissertation presents the research work on medical image compression, using the MRP encoder. MRP is one of the most efficient lossless image compression algorithm. Several processing techniques are proposed to adapt the input medical images to the encoder characteristics. Two of these techniques, namely changing the alignment of slices for compression and a pixel-wise difference predictor, increased the compression efficiency of MRP, by up to 27.9%. Inter-slice prediction support was also added to MRP, using uni and bi-directional techniques. Also, the pixel-wise difference predictor was added to the algorithm. Overall, the compression efficiency of MRP was improved by 46.1%. Thus, these techniques allow for compression ratio savings of 57.1%, compared to DICOM encoders, and 33.2%, compared to HEVC RExt Random Access. This makes MRP the most efficient of the encoders under study.

Unexpectedly high catch-and-release rates in European marine recreational fisheries: implications for science and management

While catch-and-release (C&R) is a well-known practice in several European freshwater recreational fisheries, studies on the magnitude and impact of this practice in Europeanmarine recreational fisheries are limited. To provide an overview of the practice andmagnitude of C&R among marine recreational anglers in Europe, the existing knowledge of C&R and its potential associated release mortality was collected andsummarized. The present study revealed that in several European countries over half of the total recreational catch is released by marine anglers. High release proportions of > 60% were found for Atlantic cod (Gadus morhua), European sea bass (Dicentrarchus labrax), pollack (Pollachius pollachius), and sea trout (Salmo trutta) in at least one of the studied European countries. In the case of the German recreational Baltic Sea cod fishery, release proportions varied considerably between years, presumably tracking a strong year class ofundersized fish. Reasons for release varied between countries and species, and included legal restrictions (e.g. minimumlanding sizes and daily bag limits) and voluntary C&R. Considering the magnitude of C&R practice among European marine recreational anglers, post-release mortalities of released fish may need to be accounted for in estimated fishingmortalities.However, as the survival rates of Europeanmarine species aremostly unknown, there is a need to conduct post-release survival studies and to identify factors affecting post-release survival. Such studies could also assist in developing species-specific, best-practice guidelines to minimize the impacts of C&R on released marine fish in Europe.

Book review : "Carbon Capture and Storage Emerging Legal and Regulatory Issues" edited by Ian Havercroft, Richard Macrory, Richard B Stewart, Oxford, Hart Publishing, 2011

As the international community struggles to find a cost-effective solution to mitigate climate change and reduce greenhouse gas emissions, carbon capture and storage (CCS) has emerged as a project mechanism with the potential to assist in transitioning society towards its low carbon future. Being a politically attractive option, legal regimes to promote and approve CCS have proceeded at an accelerated pace in multiple jurisdictions including the European Union and Australia. This acceleration and emphasis on the swift commercial deployment of CCS projects has left the legal community in the undesirable position of having to advise on the strengths and weaknesses of the key features of these regimes once they have been passed and become operational. This is an area where environmental law principles are tested to their very limit. On the one hand, implementation of this new technology should proceed in a precautionary manner to avoid adverse impacts on the atmosphere, local community and broader environment. On the other hand, excessive regulatory restrictions will stifle innovation and act as a barrier to the swift deployment of CCS projects around the world. Finding the balance between precaution and innovation is no easy feat. This is an area where lawyers, academics, regulators and industry representatives can benefit from the sharing of collective experiences, both positive and negative, across the jurisdictions. This exemplary book appears to have been collated with this philosophy in mind and provides an insightful addition to the global dialogue on establishing effective national and international regimes for the implementation of CCS projects...

The Human Fertilisation and Embryology Act 2008 : restrictions on the creation of “saviour siblings” and the relevance of the harm principle

This paper provides an overview of the regulatory developments in the UK which impact on the use of in vitro fertilization (IVF) and embryo screening techniques for the creation of “saviour siblings.” Prior to the changes implemented under the Human Fertilisation and Embryology Act 2008, this specific use of IVF was not addressed by the legislative framework and regulated only by way of policy issued by the Human Fertilisation and Embryology Authority (HFEA). Following the implementation of the statutory reforms, a number of restrictive conditions are now imposed on the face of the legislation. This paper considers whether there is any justification for restricting access to IVF and pre-implantation tissue typing for the creation of “saviour siblings.” The analysis is undertaken by examining the normative factors that have guided the development of the UK regulatory approach prior to the 2008 legislative reforms. The approach adopted in relation to the “saviour sibling” issue is compared to more general HFEA policy, which has prioritized the notion of reproductive choice and determined that restrictions on access are only justified on the basis of harm considerations.

Is climate change litigation an effective strategy for promoting greater action to address climate change? What other legal mechanisms might be appropriate?

In recent times a widespread consensus on the reality and gravity of anthropogenic climate change has emerged. Perceived inadequacies in the Australian government’s legal and policy responses to climate change issues have resulted in environmental activists increasingly turning to the courts as a strategy to promote greater action to address adverse climate impacts. The efficacy of this strategy for achieving climate goals is limited by the time and expense of litigating, the restrictions inherent in environmental law administrative challenges, and the possibility that judicial decisions may be overruled by the legislature. To date, climate change litigation in Australia has met with varied success, yet its significance extends beyond the court room as an important mechanism for raising public, political and commercial awareness about climate change issues. Ultimately, however, the types of far-reaching changes needed to mitigate and manage adverse climate impacts require strong regulatory backing. The most effective approach to addressing the complex challenges posed by climate change is a coordinated suite of regulatory measures spearheaded by the Federal Government.

Les valeurs de la communauté et la justification des restrictions aux droits et libertés de la personne

Il y a 150 ans, John Stuart Mill dénonçait l'emprise tyrannique de la morale publique sur la vie des individus et affirmait que le principe du préjudice à autrui constitue l'unique critère en vertu duquel l'État peut légitimement interférer avec la liberté individuelle. Près d'un siècle plus tard, en réaction au rapport Wolfenden, Lord Devlin articulait une version de la thèse du moralisme juridique en faveur du maintien de l'interdiction criminelle des pratiques homosexuelles en privé entre adultes consentants. Cette thèse du moralisme juridique a fait l'objet de nombreuses critiques. Selon deux des plus influents philosophes et théoriciens du droit du XXe siècle, Herbert L.A. Hart et Ronald Dworkin, le rôle légitime des valeurs de la communauté, dans la justification de l'intervention coerctive de l'État dans la vie des individus, doit être déterminé du point de vue de la morale critique. Ces débats philosophiques ont profondément influencé le discours judiciaire au Canada. La jurisprudence de la Cour suprême du Canada depuis l'avènement de la Charte témoigne de deux tendances dans l'interprétation et l'application du principe du préjudice lors de l'examen de la légitimité des objectifs législatifs à la première étape du test Oakes. Selon une première approche, qui légitimise souvent un activisme judiciaire, la justification des mesures attentatoires doit reposer sur la démonstration d'un préjudice aux valeurs officiellement reconnues. Selon une deuxième approche, qui préconise plutôt une attitude de déférence envers les choix moraux du législateur, la démonstration d'un préjudice n'est pas un prérequis : l'existence de considérations morales objectives suffit.

Legal outlier, again? U.S. felon suffrage: comparative and international human rights perspectives

The judiciousness of American felon suffrage policies has long been the subject of scholarly debate, not least due to the large number of affected Americans: an estimated 5.3 million citizens are ineligible to vote as a result of a criminal conviction. This article offers comparative law and international human rights perspectives and aims to make two main contributions to the American and global discourse. After an introduction in Part I, Part II offers comparative law perspectives on challenges to disenfranchisement legislation, juxtaposing U.S. case law against recent judgments rendered by courts in Canada, South Africa, Australia, and by the European Court of Human Rights. The article submits that owing to its unique constitutional stipulations, as well as to a general reluctance to engage foreign legal sources, U.S. jurisprudence lags behind an emerging global jurisprudential trend that increasingly views convicts’ disenfranchisement as a suspect practice and subjects it to judicial review. This transnational judicial discourse follows a democratic paradigm and adopts a “residual liberty” approach to criminal justice that considers convicts to be rights-holders. The discourse rejects regulatory justifications for convicts’ disenfranchisement, and instead sees disenfranchisement as a penal measure. In order to determine its suitability as a punishment, the adverse effects of disenfranchisement are weighed against its purported social benefits, using balancing or proportionality review. Part III analyzes the international human rights treaty regime. It assesses, in particular, Article 25 of the International Covenant on Civil and Political Rights (“ICCPR”), which proclaims that “every citizen” has a right to vote without “unreasonable restrictions.” The analysis concludes that the phrase “unreasonable restrictions” is generally interpreted in a manner which tolerates certain forms of disenfranchisement, whereas other forms (such as life disenfranchisement) may be incompatible with treaty obligations. This article submits that disenfranchisement is a normatively flawed punishment. It fails to treat convicts as politically-equal community members, degrades them, and causes them grave harms both as individuals and as members of social groups. These adverse effects outweigh the purported social benefits of disenfranchisement. Furthermore, as a core component of the right to vote, voter eligibility should cease to be subjected to balancing or proportionality review. The presumed facilitative nature of the right to vote makes suffrage less susceptible to deference-based objections regarding the judicial review of legislation, as well as to cultural relativity objections to further the international standardization of human rights obligations. In view of this, this article proposes the adoption of a new optional protocol to the ICCPR proscribing convicts’ disenfranchisement. The article draws analogies between the proposed protocol and the ICCPR’s “Optional Protocol Aiming at the Abolition of the Death Penalty.” If adopted, the proposed protocol would strengthen the current trajectory towards expanding convicts’ suffrage that emanates from the invigorated transnational judicial discourse.

No asylum for “Infiltrators”: the legal predicament of Eritrean and Sudanese nationals in Israel

This article explores the precarious status of Eritrean and Sudanese nationals in Israel. Having crossed the Israeli-Egyptian border without authorisation and not through an official border crossing, Israeli law defines such individuals as ‘infiltrators’, a charged term which dates back to border-crossings into Israel by Palestinian Fedayeen in the 1950s. Eritreans and Sudanese nationals constitute over 90 percent of ‘infiltrators’ in Israel. Their livelihood is curtailed through hostility, sanctions, and detention, while (at the time of writing) Israel refrains from deporting them to their respective countries of origin, recognising that such forced removal could expose them to risks to their lives and/or freedom. Israel was the 10th state to ratify the 1951 Refugee Convention, and has acceded to its 1967 Protocol which removed the 1951 Convention’s temporal and geographic restrictions, yet it has not incorporated these treaties into its domestic law not has it enacted primary legislation that sets eligibility criteria for ‘refugee’ status and regulates the treatment of asylum-seekers. Israeli law also fails to accord subsidiary protection status to persons that the state considers to be non-removable, whether or not they satisfy the definition of a ‘refugee’ under the 1951 Convention. Absent legal recognition of ‘refugee’, ‘asylum-seeker’, and ‘beneficiary of subsidiary protection’ statuses, Eritreans and Sudanese nationals are left in legal limbo for an indefinite period qua irregular non-removable persons. This article takes stock of their legal predicament.

Ethical ramifications of corporatised legal practice

Ethical constraints applying to lawyers are largely found in formal restrictions in legislation - ethical duties arise as a result of a lawyer's service to the public - business ethics - corporatisation and the push for Multi-Disciplinary Practices (MDPs) - duty of confidentiality - avoiding conflicts of interest - the advent of MDP will add further pressures to lawyers juggling competing interests.

Protecting legal rights when things go wrong : legal recourse if mandatory fortification of a food were to harm human health

Food laws can encompass considerations that extend beyond food safety. The recent food standard mandating the fortification of flour with folic acid in Australia illustrates the legal problems and legal risks when governments introduce food standards that aim to medicinalise the population through the food supply despite a lack of scientific consensus. Legal analysis of the process by which the folic acid fortification was introduced into flour in Australia demonstrates legal inadequacies, administrative and policy failures, as well as flaws in safety assumptions. An analysis of the restrictions on legal rights and remedies for any adversely affected consumers seeking legal redress, and the existence of statutory immunities for governments, demonstrates a need for legal reform and changes in policy development processes.

Legal and economic interfaces between antidumping and competition policy

Includes bibliography