Conscience, discretion and the creation of property rights

This paper considers the utility of the concept of conscience or unconscionable conduct as a contemporary rationale for intervention in two principles applied where a person seeks to renege on an informal agreement relating to land: the principle in Rochefoucauld v Boustead; and transfers 'subject to' rights in favour of a claimant. By analysing the concept in light of our current understanding of the nature of judicial discretion and the use of general principles, it responds to arguments that unconscionability is too general a concept on which to base intervention. In doing so, it considers the nature of the discretion that is actually in issue when the court intervenes through conscience in these principles. However, the paper questions the use of constructive trusts as a response to unconscionability. It argues that there is a need, in limited circumstances, to separate the finding of unconscionability from the imposition of a constructive trust. In these limited circumstances, once unconscionability is found, the courts should have a discretion as to the remedy, modelled on that developed in the context of proprietary estoppel. The message underlying this paper is that many of the concerns expressed about unconscionability that have led to suggestions of alternative rationales for intervention can in fact be addressed whilst retaining an unconscionability analysis. Unconscionability remains a preferable rationale for intervention as it provides a common thread that links apparently separate principles and can assist our understanding of their scope.

Configurations institutionnelles de la protection de l’enfance: regards croisés de l’Afrique, de l’Europe et de l’Amérique du Nord

Cet article porte sur l’analyse de trois configurations institutionnelles de la protection de l’enfance : celle en place au Burkina Faso, en Belgique et au Québec. Pour chaque configuration, le texte explore les transformations qui ont marqué le passage de la prise en charge exclusive de l’enfant par la famille vers la présence accrue de l’État et la manière dont la Convention internationale des droits de l’enfant de 1989 a influencé ce passage. Il montre, au travers d’une lecture historique, que l’implication de l’État dans la protection des enfants a connu des formes et des modalités variables selon le temps et l’espace. L’approche actuelle en matière de protection de l’enfance au Nord et au Sud, approche largement inspirée de la perspective des droits, représente un défi tant pour les intervenants que pour les familles, car son application dépend à fois des ressources disponibles pour aider les enfants et les familles en difficulté, de la capacité d’action des institutions publiques et de l’efficacité des interventions. This article deals with the analysis of three institutional configurations of child protection: those in Burkina Faso, in Belgium, and in Québec. With respect to each configuration, the text explores the changes from situations in which the family had sole control of the child to those where the State played a greater role, and the manner in which the 1989 International Convention on the Rights of the Child has affected such changes. It shows, through a reading of history, that the involvement of the State in child protection has gone through different forms and stages over time and space. The current strategies as regards child protection in the North and in the South—an approach that is largely subject to a legal perspective—represent a challenge both for intervenors and for families, since their application depends on the resources available for helping children and families in difficulty, on the ability of the public institutions to intervene, and on the efficiency of such interventions.

The regulation of cyber warfare under the jus ad bellum

This chapter evaluates the potential for legal regulation of the resort to cyber warfare between states under the ‘jus ad bellum’ (the law on the use of force). Debate in the literature has largely concerned whether cyber warfare falls within the scope of Article 2(4) UNC. The first part of this chapter sets out this debate. It then goes on to argue that the ‘Article 2(4) debate’ often misses the fact that an act of cyber warfare can be considered a breach of a different legal rule: the principle of non-intervention. The chapter further considers some of the issues in applying either the prohibition of the use of force or the principle of non-intervention to cyber warfare, and then concludes by arguing that the debate should be reoriented to focus on another existing international legal obligation: the duty to prevent cyber-attacks.

Expert consensus document: the International Scientific Association for Probiotics and Prebiotics consensus statement on the scope and appropriate use of the term probiotic.

An expert panel was convened in October 2013 by the International Scientific Association for Probiotics and Prebiotics (ISAPP) to discuss the field of probiotics. It is now 13 years since the definition of probiotics and 12 years after guidelines were published for regulators, scientists and industry by the Food and Agriculture Organization of the United Nations and the WHO (FAO/WHO). The FAO/WHO definition of a probiotic—“live microorganisms which when administered in adequate amounts confer a health benefit on the host”—was reinforced as relevant and sufficiently accommodating for current and anticipated applications. However, inconsistencies between the FAO/WHO Expert Consultation Report and the FAO/WHO Guidelines were clarified to take into account advances in science and applications. A more precise use of the term 'probiotic' will be useful to guide clinicians and consumers in differentiating the diverse products on the market. This document represents the conclusions of the ISAPP consensus meeting on the appropriate use and scope of the term probiotic.

Gestão estratégica da informação como fator condicionante para a definição e implementação de políticas de defesa e segurança nacional no contexto da Amazônia Legal: o caso SIPAM/SIVAM

The objective of this work is the study of the existing correlations between the strategical use of the information and the joint and implementation of defense politics and national security in the Legal Amazonian. For in such a way, the proposal was developed from the analysis of the systems of protection and monitoring of the Amazonian (SIPAM/SIVAM), where we search to inquire as these systems have contributed for the definition and implantation of these politics. For the Amazonian, with its natural wealth, threats and vulnerabilities, the perspectives of integration, security and national defense and of sustainable development constitute great challenges to be faced, where the efficient use of the technology is a basic reference that must be incorporated in the strategies and public politics in these areas. One is about a strategical project, conceived with vision of future, protection and development of the . The objective SIPAM/SIVAM the defense and the guarantee of the Brazilian sovereignty in the Legal Amazonian, beyond the systematization and accomplishment of the governmental actions in the region, by means of the intensive use of technological apparatus. In turn, they reflect the priority that the Amazon region has in terms of defense and security for the Country, and symbolize the strategy of the State to protect it. The SIPAM/SIVAM if finds in a boarding line in which the guarantee of the national sovereignty also involves the care with the development of the local population, inside of a proposal educative and integrator. Like conclusion we affirm that of the SIPAM/SIVAM creates a new paradigm for the public administration, where the organizations work with a shared set of information, beyond starting to act of integrated form. Thus, when searching permanently the rationalization of efforts and resources, trying an unknown form of institution relationship where infrastructure and products are shared, the SIPAM/SIVAM creates a new premise for the Brazilian public administration and contributes to give a new direction to the development of the Amazonian.

Privacidade e inovação na era do Big Data

A coleta e o armazenamento de dados em larga escala, combinados à capacidade de processamento de dados que não necessariamente tenham relação entre si de forma a gerar novos dados e informações, é uma tecnologia amplamente usada na atualidade, conhecida de forma geral como Big Data. Ao mesmo tempo em que possibilita a criação de novos produtos e serviços inovadores, os quais atendem a demandas e solucionam problemas de diversos setores da sociedade, o Big Data levanta uma série de questionamentos relacionados aos direitos à privacidade e à proteção dos dados pessoais. Esse artigo visa proporcionar um debate sobre o alcance da atual proteção jurídica aos direitos à privacidade e aos dados pessoais nesse contexto, e consequentemente fomentar novos estudos sobre a compatibilização dos mesmos com a liberdade de inovação. Para tanto, abordará, em um primeiro momento, pontos positivos e negativos do Big Data, identificando como o mesmo afeta a sociedade e a economia de forma ampla, incluindo, mas não se limitando, a questões de consumo, saúde, organização social, administração governamental, etc. Em seguida, serão identificados os efeitos dessa tecnologia sobre os direitos à privacidade e à proteção dos dados pessoais, tendo em vista que o Big Data gera grandes mudanças no que diz respeito ao armazenamento e tratamento de dados. Por fim, será feito um mapeamento do atual quadro regulatório brasileiro de proteção a tais direitos, observando se o mesmo realmente responde aos desafios atuais de compatibilização entre inovação e privacidade.

Sustainable miracles : protection and competition in the Brazilian oil industry

It is often suggested that competition improves productivity, however, the underlying support for this idea is surprisingly thin. This paper presents a case study examining the e ects of a change in the competitive environment on productivity at the Petrobras, Brazil's state-owned oil company. Petrobras had a legal monopoly on production, re ning, transportation and importation of oil in Brazil until it was removed in 1995. Even though Petrobras continues to have a de facto monopoly, the end of legal monopoly labor productivity growth rate more than doubled. A growth accounting of the industry shows that between 1977 and 1993 output growth rate (and productivity growth rate) is explained by the accumulation of capital, while Total Factor Productivity (TFP) decreased. Between 1994 and 2000 labor productivity growth rate is completely explained by the growth rate of TFP. The results suggest that the threat of competition alone is su cient to improve productivity. They also provide evidence that restricting competition help cause Brazil's depression of the 1980s.

A intervenção estatal no domínio econômico privado através da nova lei de recuperação de empresas e falências (lei 11.101/05)

Analysis of the elements of the Constitutional Order of the letter 1988 politics, with emphasis in the principles of this, a study on the intervention of the State in the private initiative by means of the Law of Recovery of Companies and Bankruptcies (law 11.101/05). New enterprise vision is admitted, over all in the interdependence between economic and social factors. Study on the globalization and the interdependence of economic and legal sciences in the construction of a legal optics in the search for the economic and social development, with the recognition of the interference of the Economy in the Right and its uneven importance. Still, we delineate the state intervention in the economic scope, of company and in the judicial recovery, as well as the consequences of such intervention in the involved credits in the judicial recovery and patrimony of the debtor in recovery. For such task, the elements of the Judicial Recovery, its principles and adequacy of these to the related ones in the chapter had been analyzed that turns on the national economic Order, describing the formal procedure for concession of the benefit of the Judicial Recovery and the principles in existing them. The forms of intervention of the State in the private economy were not disrespected, relating its direct and indirect performance as half of preservation of interests writings in the constitutional scope as public interest and preservation of the National economic Order. The regulating agencies as of direct state intervention were half not disrespected of the study for the relevance of the subject. It is revised national bibliography with incursions in French, Portuguese and North American comparative jurisprudence. One contributes in the aspect of the paper of the Judiciary Power in the protection of the companies in crisis and the social and economic impacts, over all in relation to the rights of the worked ones, credit and enterprise

Biomassa e desenvolvimento sustentável e sócio regional no Brasil: uma análise à luz da Constituição Federal de 1988

It is verified worldwide an increasing concern with the protection of natural resources in the planet, a fact that became relevant in Brazil since the promulgation of the Constitution of 1988, based on the viewpoint of sustainable development, which seeks to promote economic activities in the country according to the need for conservation and preservation of natural resources for the use of present and future generations. In addition, we seek to reduce the differences that occur in our society by determining as a fundamental objective to be persecuted by the Federative Republic of Brazil the reduction of social and regional inequalities. A value that should also be observed in the context of economic activities developed here, since it is a general principle of financial and economic order of the country. Therefore, considering the exhaustion of world s reserves of fossil fuels, as well as the impacts on the environment, especially for the large emission of greenhouse effect gases, the debate about the need to change the global energy matrix increases while alternative energy sources appears as a bet to fulfill the contemporary aspirations for sustainability, and Brazil emerges in a very favorable position, because it has the essential natural conditions to allow this sector s full development. In this perspective, the work has the scope to analyze how the production of alternative energy sources may act in the search for concretization of constitutional values, to promote sustainable development for present and future generations, and to reduce regional and social inequalities in an attempt to improve the quality of life of the population. It will also be observed the current regulatory framework of alternative energy sources in the national laws to verify the existence of legal and institutional security, which is necessary to guarantee the full development of the sector in the country. And to investigate the expected results, it will be observed through the concrete evaluation of specific practices adopted in the industry, analyzing their actual compliance with the constitutional provisions under analysis, based on the examination of the possibility of using renewable biomass sources for biofuel production, promoting development to the country, indicating the opening lines about how this important sector can act to solve the energy challenge today

Liberdade de expressão artística: concepções filosóficas, fundamentalidade constitucional e política da pluralidade

The right to artistic expression, freedom granted in the western democratic constitutionalism, is a fundamental right that cyclically, compared to other cohesive rights of expression, has been forgotten and put in an irrelevant juridical-dogmatic position. The first reason for this behaviour that disesteems artistic freedom is the valorisation of rationalism and scientificism in the modern society, subordinating academic researches to utilitarianism, relegating the purpose of feelings and spirituality on men s elocution, therefore, we investigate, guided by philosophy, the attribution of art on human formation, due to its capacity in harmonising reason and emotion. After that, we affirm the fundamental right to artistic expression s autonomy in the 1988 valid constitutional order, after a comparative explanation of freedom in the Fundamental Laws of United States, Portugal, Spain and Germany; and the construction historic-constitutional of the same right in the Brazilian Constitutions. In this desiderate, the theoric mark chosen is the Liberal Theory of the fundamental rights, guiding the exam through jusfundamental dimensions: juridical-subjective and juridical-objective. Whilst the first, classical function of resistance, delimitates the protection area of the artistic expression right from its specific content, titularity and its constitutional and subconstitutional limits, the other one establishes it as cultural good of the Social Order, defining to the State its rendering duties of protection, formation and cultural promotion. We do not admit artistic communication, granted without legal reserve, to be transposed of restrictions that belong to other fundamental rights and, when its exercise collides with another fundamental right or juridical-constitutional good, the justification to a possible state intervention that tangentiates its protection area goes, necessarily, through the perquisition of the artist s animus, the used method, the many viable interpretations and, at last, the correct application of the proportionality criteria. The cultural public politics analysis, nevertheless, observes the pluralism principle of democratic substratum, developer of the cultural dialogue and opposed to patterns determined by the mass cultural industry. All powers are attached, on the scope of its typical attributions, to materialise public politics that have the cultural artistic good as its aim, due to the constant rule contained in §1, art. 5º of the Federal Constitution. However, the access and the incentive laws to culture must be constantly supervised by the constitutional parameter of fundamental right to equality

Density and Spatial Distribution of Buffy-tufted-ear Marmosets (Callithrix aurita) in a Continuous Atlantic Forest

Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)

Corrosion protection of stainless steel by polysiloxane hybrid coatings prepared using the sol-gel process

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

Summit of the Americas 1994-2009: selected indicators

Includes bibliography

SMEs in the environmental goods and services market: identifying areas of opportunity, policies and instruments: case studies: Argentina, Chile, Colombia and Mexico

Includes bibliography

Effect of nozzle angle and air-jet parameters in air-assisted sprayer on biological effect of soybean asian rust chemical protection

Aiming at improving the efficiency control of Phakopsora pachyrhizi, this research evaluated different application techniques, using spray deposits and yield parameters of soybean crop. Two experiments were carried out in the experimental area of FCA/UNESP - Botucatu, SP, Brazil, in the soybean crop, Conquista variety, in the 2006/2007 season. The first experiment was arranged in random blocks with eight treatments and four replications. The treatments were conducted in factorial arrangement 4×2 (four air levels 0, 9, 11 and 29 km/h combined at two nozzle angles 0 and 30°) using AXI 110015 nozzles. Ten plants on each plot were selected for sampling spray deposits. Artificial targets were fixed on plants, two in the top and another two in the bottom part of plants (abaxial and adaxial leaf surface each one). For deposit evaluations, a cupric tracer was used and the amount of deposits was determined by a spectrophotometer. The second experiment was carried out in the same place and the treatments were of the same arrangement as the previous experiment, including control treatment (untreated plants). The spraying with triazole fungicide was realized in R2 and R5.2 growth stages of soybean with 142 l/ha spray volume. The nozzle angled of 30° combined with maximum air speed promoted the highest spray deposits on the soybean crop and influenced positively the control of the soybean Asian rust as well in the productivity of this crop.