Adaptation of the international investment contract: the hardship clause

Este trabalho acadêmico explora, em linhas gerais, a questão da adaptação do contrato de investimento internacional, e o tema ‘cláusula de hardship’ em específico. Objetiva-se efetuar uma análise detalhada da cláusula de hardship, como meio de adaptação e flexibilização de contratos internacionais de investimento sob a ótica da prática jurídica e mercantil contemporânea. A discussão se centra no contraste entre a possibilidade de adaptação do contrato por circunstâncias imprevisíveis e o imperativo de previsibilidade no investimento. Nesse sentido, o estudo busca oferecer soluções práticas para o dilema existente entre a necessidade de segurança na relação econômica (cumprimento do contato) e a prevenção da possibilidade de ruína financeira para quaisquer das partes no caso de uma mudança brusca no contexto dos negócios. O trabalho está centrado em uma investigação teórica acerca dos temas de readaptação contratual; diferenças entre sistemas jurídicos de estados-nações, e suas consequências no comércio internacional; e a cláusula de hardship em si. Como forma de contribuir para uma compreensão prática na questão da adaptação do contrato de investimento internacional devido a fatores imprevistos, este trabalho analisa casos reais e tendências atuais observadas na arbitragem internacional.

Defesa e controle: uma análise da presença civil no ministério da defesa brasileiro

This thesis aims to examine the contribution of civilian presence towards the establishment of civil control over the military under civilian perspective in the Ministry of Defense. Using a qualitative approach this research aimed to present a new point of view of civil participation in the administration of the Defense folder, usually addressed through military perception. Interviews were conducted with 11 civil servants working in the Ministry in order to capture their perception on civilian participation on their field of operation. Highlighting the strong military culture present in the field, the interaction between civilian and military and the qualification and training of civilians working in the field. Evidence collected focused on the control suggest that, in contrast to the official discourse and despite the advances made in recent years, civilian control of the process still needs to progress and reach key elements in order to be deemed to be established.

Análise do marco regulatório das organizações da sociedade civil

As parcerias entre o Poder Público e a sociedade civil organizada é uma realidade na Administração Pública e tida como fundamental ao modelo gerencial, implementada na Reforma de Estado em 1995, onde se buscou concentrar as atividades estratégicas e de formulação de políticas no Estado e alocar as atividades não exclusivas em parceiros privados. O crescimento destas parcerias e sua relevância são significativos em especial nas áreas dos Direitos Sociais. Embora já existissem normas disciplinando algumas formas de parcerias específicas foi editada uma nova legislação cuja abrangência é mais ampla, o Marco Regulatório das Organizações da Sociedade Civil. Este trabalho visa analisar esta legislação, em especial sob o aspecto de inovação e se houve e quais são as contribuições introduzidas pela nova lei

Imagens e contra-imagens do estado": considerações sobre a sociedade civil em Gramsci e Habermas

The theme of civil society has resonated significantly in the analysis of social science studies and has long been the center of public opinion, applied to a vast range of contexts, significances and political ideological connotations. Starting with such an unstable theoretical scenario, our research proposal scrutinized two civil society analysis traditions. Embodied by Antonio Gramsci and Jürgen Habermas, these politically conceptual differences are significantly divided into distinct interpretations of the relationship between the state and civil society. On one side, in Gramsci's work, we observe civil society as historically constituted through "molecular expansion of the state", organizing itself during its obligatory constitutive moment. On the other, Habermas shows us a civil society instituted from the structural differentiation process of society developed due to the contradiction existing between the different ways the state administration is organized, the economy and daily social interaction (in which it is found). As a consequence, civil society is no longer seen as a political arena and the hegemonic catalyst of the state, but as a social arrangement destined to increase the viability of the ethical and dialogical reconstruction of social life. It follows that the understanding of the distinctions between both models of civil society become crucial in the measure that they are divided in relation to the delineation of acting agents, fighting strategies, and to the objective of their actions.Despite the existence of analytical dissonance, we intend to outline the common points between both these civil society analysis traditions whose conflicting political action models lead us to a greater understanding of our contemporary political scene. This will be done starting with the systematization of both selected authors' principal categories, and through the introduction of the "contra-hegemonic public sphere" concept

A tutela constitucional da exploração de petróleo em águas internacionais em face do princípio do desenvolvimento sustentável: a possibilidade de responsabilização civil do dano futuro

The demands brought by a society doomed to the constant production of global risks, which whose effects are not immediately noticed effects are not perceived immediately, claim from the Law a new Theory about the Risk, that would offer a broad environmental protection, at the same time it would still be compatible with the idea of economic efficiency, required by the Modern Industry. The expansion of the methods and technologies regarding the exploitation and production of oil causes the constant expansion of the exploitable boundaries, especially in ultra-deep waters with the Pre-salt layer, in Brazil, or the still incipient research about the polymetallic nodules and other mineral sources in international waters, like the Atlântico Sudoeste, by the Programme on Ocean Science in Relation do Non Living Resources (OSNLR), a global study performed in partnership with the Intergovernmental Oceanographic Commission, from UNESCO (IOC UNESCO) and also with the Division of Ocean Affairs and Law of the Sea (UNDOALOS). Thus, we aim to analyze the correlation, and possible collisions between the right to a balanced environment and the free exercise of economic activity and the occurrence of environmental damages from the perspective of the exploitation activities of oil and other natural resources in international waters, specifically in the Area, from the constitutional principle of sustainable development and its legitimacy by the environmental international protection. Therefore, this study also aims to evaluate the legal framework for exploration and production of oil in international waters, particularly in the Area, and appraise how the constitutional instruments and mechanisms for environmental protection can impact on the international environmental protection system in order to ensure the present and future generations an ecologically balanced environment, laid down in Article 225 of the Brazilian Constitution, even with so many risks posed by the activities of exploitation and production of oil in international waters. In the meantime, we intend to also intend to investigate the possibility of future liability for environmental damage in order to ensure that constitutional principle and, consequently, and try to define the concept of environmental damage and its implications on the constitutional principle of environmental protection. Given all that was in summary, this work aims to contribute to the evolution of the new Theory of Environmental Risk, turning the law into something more than a punitive or corrective element in this society, but into a legal risk management, that may be triggered even before the consolidation of the damage

Método de avaliação do gerenciamento de resíduos em canteiro de obras da construção civil : proposta baseada em empresas construtoras da cidade de Natal-RN

According to great concern between the developed industrial activities and resultant impacts over the environment, an association of several factors have occurred, procedures to the efficient management of the rotation between economical development and the environment have been improved. A research in field have been realized inside building sites of companies in order to provide knowledge about the implemented and accomplish actions according to the resolution from CONAMA nº307. Trough the interview among the representations of the companies and photographic survey in loco, such as, what makes the companies implement this management, reutilization and recycling, transport and disposition. The present study had as objective: analyze the insertion of the used tools to residuals management, proposing improvements, in a way that it can be easily identified during the procedures execution in the building sites of the building companies of the city of Natal/RN. To reach the goal, in the first place a revision of the pertinent literature was performed; there for, it can be seen the relation between residues management and environment sustainability, once it happens in a continued way it may prevent the waste and reduces the risk that the activities way bring to the employees, community and environment; once found the great difficult faced with regard to labors, material, equipment, project, planning, costumer s interference, furnisher. And still, it could be verified wich materials generate greater indexes of residues in the works and the main occurrences of waste and loss. However a greater transparency is needed coming from the high administration in the commitment with the continued actions, to make it so, there must be a cultural change inside the company. There for there will be a greater productivity and quality of the under taking such as costumer s satisfaction

Gestão ambiental e competitividade no setor da construção civil :um estudo sobre a aceitabilidade de práticas ambientais no mercado imobiliário

This work investigates the importance of Eco-Materiais applied in the civil construction and the necessity of knowledge of the real estate market, showing the importance of application of recycled products where inserted inside of a bigger scope of the sustainable development which has the subjects as the ambient management. In the theoretical referencial boarded the recycled and perfectly ecological products that demonstrate the applicability of this type of products in the sector of the civil construction, beyond the economic and social placesThe main popouse of the real estate sector is to show the awareness and demonstration in the negotiation of property constructed with these products, therefore, already it is practised by the market of the civil construction where much time sao commercialized by real estate and the its correctors lacking in same knowledge that is more deepened on these materials, having this evidence been made with statistical application of questionnaire and analyzed with base. We finish showing the statistical results with application of 142 questionnaires in a universe of 145 real estate from Natal/RN. With this, we may say that today exists a very strong concern with the environmental laws and the generated ambient impact in the civil construction and that the real estate sector has a feeling that the necessity of if inserting in this process, therefore, the real estate market in our State is in expansion and sensible to the necessity of changes, since the Natal/RN meets in the script of the tourism the International demanding of the professional that a globalized knowledge works with property, so the necessity of understanding the environmental laws and understanding application of the echo-materias used in the construction will give a better quality of life and at the same time to protect the nature

Política externa no período FHC: a busca de autonomia pela integração

Durante o governo FHC buscou-se substituir a agenda reativa da política externa brasileira, dominada pela lógica da autonomia pela distância, por uma nova agenda internacional proativa, determinada pela lógica da autonomia pela integração. Segundo essa agenda, o país deveria ampliar o poder de controle sobre o seu destino e resolver seus problemas com uma adesão ativa à elaboração das normas e das pautas de conduta da gestão da ordem mundial. No entanto, essa política de integração, adesão e participação não foi plenamente acompanhada de tomadas de posições que implicassem responsabilidades práticas, em virtude de debilidades estruturais. As responsabilidades teriam como função preparar tanto o governo como a sociedade civil para uma inserção internacional de perfil mais elevado no pós-Guerra Fria. Os ganhos ocorridos nos governos FHC não foram suficientes para alterar significativamente o peso brasileiro no contexto mundial.

Effect of eFSH on ovarian cyclicity and embryo production of mares in spring transitional phase

The use of equine FSH (eFSH) for inducing follicular development and ovulation in transitional mares was evaluated. Twenty-seven mares, from 3 to 15 years of age, were examined during the months of August and September 2004, in Brazil. Ultrasound evaluations were performed during 2 weeks before the start of the experiment to confirm transitional characteristics (no follicles larger than 25 mm and no corpus luteum [CL] present). After this period, as the mares obtained a follicle of at least 25 mm, they were assigned to one of two groups: (1) control group, untreated; (2) treated with 12.5 mg eFSH, 2 times per day, until at least half of all follicles larger than 30 mm had reached 35 mm. Follicular activity of all mares was monitored. When most of the follicles from treated mares and a single follicle from control mares acquired a preovulatory size ( : 35 mm), 2,500 IU human chorionic gonadotropin (hCG) was administered IV to induce ovulation. After hCG administration, the mares were inseminated with fresh semen every other day until ovulation. Ultrasound examinations continued until detection of the last ovulation, and embryo recovery was performed 7 to 8 days after ovulation. The mares of the treated group reached the first preovulatoiy follicle (4.1 +/- 1.0 vs 14.9 +/- 10.8 days) and ovulated before untreated mares (6.6 +/- 1.2 vs 18.0 +/- 11.1 days; P <.05). All mares were treated with prostaglandin F-2 alpha (PGF(2 alpha)), on the day of embryo flushing. Three superovulated mares did not cycle immediately after PGF(2 alpha), treatment, and consequently had a longer interovulatory interval (22.4 vs 10.9 days, P < 0.05). The mean period of treatment was 4.79 1.07 days and 85.71% of mares had multiple ovulations. The number of ovulations (5.6 vs 1.0) and embryos (2.0 vs 0.7) per mare were higher (P < 0.05) for treated mares than control mares. In conclusion, treatment with eFSH was effective in hastening the onset of the breeding season, inducing multiple ovulations, and increasing embryo production in transitional mares. This is the first report showing the use of FSH treatment to recover embryos from the first cycle of the year.

The use of transitional implants to support provisional prostheses during the healing phase: a literature review

Objective: Transitional implants are indicated for cases in which immediate loading is counter-indicated because a healing period is necessary for osseointegration of the definitive implants. These provisional implants were developed to support an implant-supported fixed prosthesis or overdenture to provide retention, stability, and support. The aim of this article was to conduct a literature review on transitional implants to highlight the characteristics of the transitional implants and their advantages, indications, and contraindications, including the level of osseointegration of such implants according to the functional period. Method and Materials: The present literature review was based on the OldMedline and Medline databases from 1999 to 2010 using the key words "transitional implants" and "temporary implants." Fourteen articles were found: 11 clinical studies or techniques and three histologic and histomorphometric studies. Results: The transitional immediate prostheses were worn by completely and partially edentulous patients. Advantages of transitional implants include complete denture retention, stability, and support; maintenance of chewing, phonetics, and patient comfort; protection of bone grafts; vertical stop during healing period; easy and fast surgical and prosthetic procedures; lower cost in comparison to the definitive implant; and reestablishment of esthetics. The success of transitional implants as conservative treatment for conventional immediate loading is a reality if correctly indicated. Conclusion: Transitional implants are a provisional treatment alternative for completely and partially edentulous patients. However, additional studies are required to evaluate the level of remodeling and repair of the transitional implants under loading. (Quintessence Int 2011; 42: 19-24)

Brazilian foreign policy in the Cardoso era: The search for autonomy through integration

The Fernando Henrique Cardoso administration attempted to replace a reactive foreign policy agenda dominated by a logic of autonomy through distance with a proactive international agenda guided by a logic of autonomy through integration. In adopting this agenda, the administration maintained that Brazil would be able to confront its problems and secure more control over its future if it actively contributed to elaborating the norms and guidelines of the administration of the global order. Because of structural weaknesses, however, this policy of integration, adherence, and participation was not adequately accompanied by positions entailing practical responsibilities - responsibilities that would have prepared both government and civil society for a higher profile in the post - cold-war era. In the end, the gains achieved during Cardoso's tenure failed to alter Brazil's international standing in any significant way. © 2007 Latin American Perspectives.

Une architecture sensible au contexte pour le développement des systèmes d'administration pour l'enseignement

The increasing use of mobile devices and wireless communication technologies has improved the access to web information systems. However, the development of these systems imposes new challenges mainly due to the heterogeneity of mobile devices, the management of context information, and the complexity of adaptation process. Especially in this case, these systems should be runable on a great number of mobile devices models. In this article, we describe a context-aware architecture that provides solutions to the challenges presented above for the development of education administration systems. Copyright 2009 ACM.

Module for the analysis of growth in international commerce (MAGIC Plus): user guide (updated)

Includes bibliography

International migration and development in the Americas

Includes bibliography

The role of civil society in preventing and combating human trafficking

Includes bibliography