Intervenções em centros urbanos e conflitos distributivos: modelos regulatórios, circuitos de valorização e estratégias discursivas

Este trabalho discute as transformações no modo de intervenção do Estado na produção do espaço urbano no capitalismo contemporâneo a partir de uma reflexão sobre as políticas de revitalização de centros urbanos e os conflitos de natureza distributiva relacionados a esses projetos. Situando-se no campo do direito econômico, o trabalho explora as relações entre a acumulação capitalista e os padrões de intervenção do Estado sobre o espaço urbano a partir de diferentes níveis de análise, articulando elementos teóricos, jurídico-institucionais e empíricos. O processo de reestruturação do capitalismo que se iniciou nos anos 1970 teve desdobramentos relevantes no campo da regulação urbanística, desencadeando mudanças que atingiram suas funções e formas, e que perpassam diversas escalas geográficas. A ordem social e econômica que se configurou no capitalismo contemporâneo, marcada pela difusão de uma agenda política neoliberal e pela emergência de um regime de acumulação com dominância financeira, tem seus desdobramentos específicos na escala das cidades. Nesse contexto, as políticas urbanas passaram a ser progressivamente norteadas por uma racionalidade pragmática e empresarial, fechando-se à influência de esferas democráticas e desviando-se da institucionalização de compromissos redistributivos. Essa mudança qualitativa é mediada por formas institucionais e arranjos regulatórios que não se limitam à escala urbana e ao direito urbanístico propriamente dito, perpassando normas que regulam o regime jurídico da propriedade imobiliária e suas conexões com a esfera financeira, os padrões de financiamento das políticas urbanas, entre outras. A partir de um estudo sobre o Projeto Porto Maravilha uma intervenção urbanística de grande porte, e amplamente conectada a fluxos econômicos globais, que está sendo implementada na cidade do Rio de Janeiro desde 2009 , desenvolvemos uma reflexão sobre alguns vetores de mudança no papel exercido pelo Estado nos processos de urbanização. Este trabalho apresenta duas hipóteses articuladas. A primeira é a de que os padrões de regulação urbanística que emergiram no capitalismo contemporâneo não são meros reflexos de transformações mais abrangentes, mas sim fatores constitutivos dessas mudanças. A segunda a é de que as políticas de revitalização de centros urbanos agem como vetores de aprofundamento das conexões entre dinâmicas locais e processos globais, e também como incubadoras de novos padrões de regulação urbanística.

A transmissão contratual do direito de propriedade sobre os bens imóveis em Portugal : a "crise" do princípio da consensualidade e o regime do Código de Registo Predial

A presente Dissertação versa sobre a aplicação do princípio da consensualidade à transmissão contratual do direito de propriedade na ordem jurídica portuguesa, dando especial destaque à transmissão contratual dos bens imóveis. A transmissão contratual do direito de propriedade sobre os bens imóveis suscita a problemática da articulação entre o princípio da consensualidade e as restantes normas do ordenamento jurídico, principalmente as normas da ordem registal, na medida em que, se discute se no plano da transmissão contratual dos bens imóveis o princípio da consensualidade consiste numa regra geral ou, por outro lado, assume um papel residual ou supletivo. Tanto a Doutrina maioritária como a Jurisprudência portuguesas defendem a prevalência do Direito substantivo e do princípio da consensualidade na transferência do direito de propriedade, mesmo no caso dos bens imóveis. Já uma Doutrina minoritária defende a prevalência do Direito Registal ao dar relevância ao papel da inscrição registal da transmissão do direito de propriedade sobre os bens imóveis, defendendo que a transferência de bens imóveis por mero efeito do contrato é uma regra supletiva ou residual na ordem jurídica portuguesa. Da análise da ordem jurídica portuguesa verificou-se que o sistema do título português possui “efeitos fracos”; a transmissão contratual do direito de propriedade ocorre por efeito do contrato mesmo em relação aos bens imóveis, logo, o princípio da consensualidade é a regra geral; o sistema de registo é semi-obrigatório; o registo não é elemento de transmissão do direito de propriedade mas condição de oponibilidade face aos terceiros (apenas os terceiros tutelados pelo legislador), por isso, o registo possui um efeito consolidativo do direito registado.

Patenting Strategies of the EU Pharmaceutical Industry -Crossroad between Patent Law and Competition Policy. Research Papers in Law, 1/2011

From the Introduction. The pharmaceutical sector inquiry carried out by the European Commission in 2008 provides a useful framework for assessing the relationship between the patent system on the one hand and competition policy and law on the other hand. The pharmaceutical market is not only specifically regulated. It is also influenced by the special characteristics of the patent system which enables pharmaceutical companies engaged in research activities to enter into additional arrangements to cope with the competitive pressures of early patent application and the delays in drug approval. Patents appear difficult to reconcile with the need for sufficient and adequate access to medicines, which is why competition expectations imposed on the pharmaceutical sector are very high. The patent system and competition law are interacting components of the market, into which they must both be integrated. This can result in competition law taking a very strict view on the pharmaceutical industry by establishing strict functional performance standards for the reliance on intellectual property rights protection granted by patent law. This is in particular because in this sector the potential welfare losses are not likely to be of only monetary nature. In brief, the more inefficiencies the patent system produces, the greater the risk of an expansive application of competition law in this field. The aim of the present study is to offer a critical and objective view on the use or abuse of patents and defensive strategies in the pharmaceutical industry. It shall also seek to establish whether patents as presently regulated offer an appropriate degree of protection of intellectual property held by the economic operators in the pharmaceutical sector and whether there is a need or, for that matter, scope for improvement. A useful starting point for the present study is provided by the pharmaceutical sector competition inquiry (hereafter “the sector inquiry”) carried out by the European Commission during the first half of 2008. On 8 July 2008, the Commission adopted its Final Report pursuant to Article 17 of Regulation 1/2003 EC, revealing a series of “antitrust shortcomings” that would require further investigation1.

Mixed Public-Private Enterprises in Europe: Economic Theory and an Empirical Analysis of Italian Water Utilities. Bruges European Economic Research (BEER) Papers 4/July 2006

Mixed enterprises, which are entities jointly owned by the public and private sector, are spreading all over Europe in local utilities. Well aware that in the vast majority of cases the preference of local authorities towards such governance structure is determined by practical reasons rather than by the ambition to implement new regulatory designs (an alternative to the typical “external” regulation), our purpose is to confer some scientific value to this phenomenon which has not been sufficiently investigated in the economic literature. This paper aims at proposing an economic analysis of mixed enterprises, especially of the specific configuration in which the public partner acts as controller and the private one (or “industrial” partner) as service provider. We suggest that the public service concession to mixed enterprises could embody, under certain conditions, a noteworthy substitute to the traditional public provision and the concession to totally private enterprises, as it can push regulated operators to outperform and limit the risk of private opportunism. The starting point of the entire analysis is that ownership allows the (public) owner to gather more information about the actual management of the firm, according to property rights theory. Following this stream of research, we conclude that under certain conditions mixed enterprises could significantly reduce asymmetric information between regulators and regulated firms by implementing a sort of “internal” regulation. With more information, in effect, the public authority (as owner/controller of the regulated firm, but also as member of the regulatory agency) can stimulate the private operator to be more efficient and can monitor it more effectively with respect to the fulfilment of contractual obligations (i.e., public service obligations, quality standards, etc.). Moreover, concerning the latter function, the board of directors of the mixed enterprise can be the suitable place where public and private representatives (respectively, welfare and profit maximisers) can meet to solve all disputes arising from incomplete contracts, without recourse to third parties. Finally, taking into account that a disproportionate public intervention in the “private” administration (or an ineffective protection of the general interest) would imply too many drawbacks, we draw some policy implications that make an equitable debate on the board of the firm feasible. Some empirical evidence is taken from the Italian water sector.

The EU-Turkey Customs Union: A model for Future Euro-Med Integration. MEDPRO Technical Report No. 9/March 2012

This paper studying the 1995 EU-Turkey Customs Union (CU) reveals that the CU has been a major instrument of integration of the Turkish economy into the EU and global markets, offering powerful tools to reform the Turkish economy. Turkish producers of industrial goods are protected by tariffs from external competition to exactly the same extent as EU producers, and they face competition from duty-free imports of industrial goods from world-class pan-European firms. In return, Turkish industrial producers have duty-free market access to the European Economic Area, which was recently extended to certain Mediterranean countries. Trade liberalisation achieved through the CU has thus successfully moved the Turkish economy from a government-controlled regime to a market-based one, and Turkish producers of industrial goods have performed remarkably well. The paper further shows that market access conditions for Turkish producers are determined, in addition to tariffs, by standards, conformity assessment procedures, competition policy, industrial property rights and contingent protectionism measures. The CU also offered Turkey the opportunity to establish new institutions, and modernise and upgrade rules and disciplines required for the elimination of technical barriers to trade, and for the implementation of the EU’s competition, industrial property rights, and contingent protectionism policies.

Law and Foreign Direct Investment. IES WORKING PAPER 4/2011

In this paper we examine the effect of law on foreign direct investment outflows with a specific interest in the relationship between international investment law and domestic private property laws. Our results indicate that FDI investor is indifferent to host country property rights, hence shareholder protection by law is not a significant determinant of FDI outflows. We argue that FDI, in contrast with other types of capital flows, can effectively mitigate the agency problem through majority ownership and control, hence reduce exposure to ex-post expropriation by the affiliate. On the other hand, FDI investor remains exposed to risk of expropriation by the host government and is strongly sensitive to the enforcement of law in the host country. In contrast with recent literature we conclude that there are no causal relationship between bilateral investment treaties and FDI.

Coalitions, Power and Institutional Change in Global Patent Politics. IES WORKING PAPER 2/2013

With the 1995 Agreement on Trade - related Aspects of Intellectual Property Rights (TRIPS), a centralised rule - system for the international governance of patents was put in place under the general framework of the World Trade Organisation (WTO). Since then, the number of patent – related institutions has increased monotonically on the multilateral, plurilateral and bilateral levels. I will explain this case of institutional change by focusing on the norm – setting activities of both industrialised and developing countries, arguing that both groups constitute internally highly cohesive coalitions in global patent politics, while institutional change occurs when both coalitions engage in those negotiating settings in which they enjoy a comparative advantage over the other coalition. Specifically, I make the point that industrialised countries’ norm – setting activities take place on the plurilateral and bilateral level, where economic factors can be effectively translated into political outcomes while simultaneously avoiding unacceptably high legitimacy costs; whereas developing countries, on the other hand, use various multilateral United Nations (UN) forums where their claims possess a high degree of legitimacy, but cannot translate into effective political outcomes. The paper concludes with some remarks on how this case yields new insights into ongoing debates in institutionalist International Relations (IR), as pertaining to present discussions on “regime complexity”.

Innovation and Development in the Age of Climate Change Adaptation: Open or Closed?

Change Adaptation: Open or Closed? Paper read at the Second African International Economic Law Network Conference, 7-8 March 2013, Wits School of Law, Johannesburg, South Africa. In a time of rapid convergence of technologies, goods, services, hardware, software, the traditional classifications that informed past treaties fail to remove legal uncertainty, or advance welfare and innovation. As a result, we turn our attention to the role and needs of the public domain at the interface of existing intellectual property rights and new modes of creation, production and distribution of goods and services. The concept of open culture would have it that knowledge should be spread freely and its growth should come from further developing existing works on the basis of sharing and collaboration without the shackles of intellectual property. Intellectual property clauses find their way into regional, multilateral, bilateral and free trade agreements more often than not, and can cause public discontent and incite unrest. Many of these intellectual property clauses raise the bar on protection beyond the clauses found in the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). In this paper we address the question of the protection and development of the public domain in service of open innovation in accord with Article 15 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) in light of the Objectives (Article 7) and Principles (Article 8) set forth in TRIPS. Once areas of divergence and reinforcement between the intellectual property regime and human rights have been discussed, we will enter into options that allow for innovation and prosperity in the global south. We then conclude by discussing possible policy developments.

Annual report.

Recognizing the need to share critical information, the State of Illinois established the Illinois Integrated Justice Information System (IIJIS) Governing Board in 2001. This board, comprised of representatives from state, county, and municipal justice agencies, was charged with the responsibility of developing a plan for justice information sharing in Illinois. Their report, the Illinois Integrated Justice Information System Strategic Plan, was completed in December 2002. In order to implement the strategic plan developed by the IIJIS Board, Governor Rod Blagojevich created the Illinois Integrated Justice Information System Implementation Board in 2003. Created by executive Order 16, the IIJIS Implementation Board is an intergovernmental effort dedicated to improving the administration of justice in Illinois. It was created in recognition of the need to improve information sharing and to meet challenges to public safety, such as those presented by the tragic events of September 11, 2001, and the Washington, DC serial sniper incident. In light of the demand for increased access to critical subject information, the Board is additionally charged with the responsibility of safeguarding individual privacy rights and preventing unauthorized disclosures of information.

Harnessing Natural Resources for Development: New Legal Regimes for Localized Benefit Sharing in the Mining Sector

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

Managing woodlands for income maximisation in western Queensland, Australia: clearing for grazing versus timber production

Queensland, Australia, has a proud pastoral history; however, the private and social benefits of continued woodland clearing for pasture development are unlikely to be as pronounced as they had been in the past. The environmental benefits of tree retention in and regions of the State are now better appreciated and market opportunities have arisen for the unique timbers of western Queensland. A financial model is developed to facilitate a comparison of the private profitability of small-scale timber production from remnant Acacia woodlands against clearing for pasture development in the Mulga Lands and Desert Uplands bioregions of western Queensland. Four small-scale timber production scenarios, which differ in target markets and the extent of processing (value-adding), are explored within the model. Each scenario is examined for the cases where property rights to the timber are vested with the timber processor, and where royalties are payable. For both cases of resource ownership, at least one scenario generates positive returns from timber production, and exceeds the net farm income per hectare for an average grazing property in the study regions over the period 1989-1990 to 2000-2001. The net present value per hectare of selectively harvesting and processing high-value clearwood from remnant western Queensland woodlands is found to be greater than clearing for grazing. (C) 2003 Elsevier B.V. All rights reserved.

Economic Incentives to Conserve Wildlife on Private Lands: Analysis and Policy

Some believe that provision of private property rights in wildlife on private land provides a powerful economic incentive for nature conservation because it enables property owners to market such wildlife or its attributes. If such marketing is profitable, private landholders will conserve the wildlife concerned and its required habitat. But land is not always most profitably used for exploitation of wildlife, and many economic values of wildlife (such as non-use economic values) cannot be marketed. The mobility of some wildlife adds to the limitations of the private-property approach. While some species may be conserved by this approach, it is suboptimal as a single policy approach to nature conservation. Nevertheless, it is being experimented with, in the Northern Territory of Australia where landholders had a possibility of harvesting on their properties a quota of eggs and chicks of red-tailed black cockatoos for commercial sale. This scheme was expected to provide an incentive to private landholders to retain hollow trees essential for the nesting of these birds but failed. This case and others are analysed. Despite private-property failures, the long-term survival of some wildlife species depends on their ability to use private lands without severe harassment, either for their migration or to supplement their available resources, for example, the Asian elephant. Nature conservation on private land is often a useful, if not essential, supplement to conservation on public lands. Community and public incentives for such conservation are outlined.

A complex systems approach to the value of ecological resources

A theory of value sits at the core of every school of economic thought and directs the allocation of resources to competing uses. Ecological resources complicate the modem neoclassical approach to determining value due to their complex nature, considerable non-market values and the difficulty in assigning property rights. Application of the market model through economic valuation only provides analytical solutions based on virtual markets, and neither the demand nor supply-side techniques of valuation can adequately consider the complex set of biophysical and ecological relations that lead to the provision of ecosystem goods and services. This paper sets out a conceptual framework for a complex systems approach to the value of ecological resources. This approach is based on there being both an intrinsic quality of ecological resources and a subjective evaluation by the consumer. Both elements are necessary for economic value. This conceptual framework points the way towards a theory of value that incorporates both elements, so has implications for principles by which ecological resources can be allocated. (c) 2005 Elsevier B.V. All rights reserved.

Community broadcasting and the enclosure of the public sphere

One of the normative tenets of the Habermasian public sphere is that it should be an open and universally accessible forum. In Australia, one way of achieving this is the provision for community broadcasting in the Broadcasting Services Act. A closer examination of community broadcasting, however, suggests practices that contradict the idea of an open and accessible public sphere. Community broadcasting organizations regulate access to their media assets through a combination of formal and informal structures. This suggests that the public sphere can be understood as a resource, and that community broadcasting organizations can be analysed as ‘commons regimes’. This approach reveals a fundamental paradox inherent in the public sphere: access, participation and the quality of discourse in the public sphere are connected to its enclosure, which limits membership and participation through a system of rules and norms that govern the conduct of a group. By accepting the view that a public sphere is governed by property rights, it follows that an open and universally accessible public sphere is neither possible nor desirable.