Políticas de conteúdo local: crescimento econômico e rule of law

As chamadas Políticas de Conteúdo Local (“PCLs”) fazem parte de um grupo de políticas desenvolvimentistas adotadas em todo o mundo com o objetivo de maximizar os benefícios sociais e econômicos decorrentes de determinadas atividades econômicas. Neste trabalho, analisaram-se, principalmente, as PCLs relativas à extração e produção de petróleo e gás. O instituto é juridicamente polêmico, uma vez que, além de ser difícil de definir, é instrumentalizado por diversos atos normativos diferentes. Tal situação agrava-se com o fato de que o desenho de cada PCL pode sugerir ou impor diversas medidas de implementação diferentes, com impactos nas diferentes áreas do Direito. Considerando este cenário, aponta-se que o principal objetivo deste trabalho é a análise de transplantes ao nosso ordenamento jurídico de PCLs bem-sucedidas em ordenamentos jurídicos estrangeiros. Para isso, demonstrou-se, em um primeiro momento, que o instituto das PCLs deve ser reinterpretado à luz da Constituição vigente. Isso porque as PCLs foram criadas em uma época em que a escola desenvolvimentista principal era a keynesiana, que foi substituída atualmente pela escola do Rule of Law. Embora nosso ordenamento jurídico tenha acompanhado essa evolução (através de Emendas Constitucionais e adoção de determinadas leis), as PCLs não acompanharam e, por isso, precisam sofrer essa releitura. Nesse sentido, extraíram-se da Lei quatro elementos principais que as PCLs devem preencher para estar em consonância com o Rule of Law: (A) Benefícios aos Consumidores Finais; (B) Sustentabilidade; (C) Transetorialidade; e (D) Ampliação do Mercado de Trabalho. Em sequência, classificaram-se as diversas PCLs mapeadas, exemplificando cada uma. Ao longo da classificação, apontaram-se três critérios que facilitam a identificação das maiores dificuldades jurídicas em cada transplante: (A) Canal; (B) Natureza; e (C) Instrumento. Por fim, quatro PCLs estrangeiras bem-sucedidas foram escolhidas para uma análise mais aprofundada: a Kazakhstan Contract Agency, no Cazaquistão, a Petro Arctic Supplier Asssociation, na Noruega, o Australian Industry Participation Plan na Austrália e o Nigerian Oil & Gas Content Industry Development Act, na Nigéria. Para cada uma, é dedicada uma análise especial. As análises são seguidas pela Conclusão.

Ex-post Liability Rules in Modern Patent Law

This doctoral thesis examines the use of liability rules to protect patent entitlements, focusing on a specific type of rule named ex-post since it is applied and designed ex-post by a court or an agency. The research starts from the premise that patents are defined by the legal and economic scholarship as exclusive rights but nevertheless, under certain circumstances there are economic as well as other compelling reasons to transform the exclusiveness of patent rights into a right to receive compensation.

The Influence of Direct Democracy on Agency Costs: Lessons from Corporate Governance

This dissertation seeks to improve the usage of direct democracy in order to minimize agency cost. It first explains why insights from corporate governance can help to improve constitutional law and then identifies relevant insights from corporate governance that can make direct democracy more efficient. To accomplish this, the dissertation examines a number of questions. What are the key similarities in corporate and constitutional law? Do these similarities create agency problems that are similar enough for a comparative analysis to yield valuable insights? Once the utility of corporate governance insights is established, the dissertation answers two questions. Are initiatives necessary to minimize agency cost if referendums are already provided for? And, must the results of direct democracy be binding in order for agency cost to be minimized?

Assimilation via Liberal Individualism: Law and Language Policy in the USA

This essay describes and analyzes the legal regime of the United States in relation to language diversity. The article argues that the U.S. case in language law indicates that, under certain conditions, a liberal individualistic legal regime – marked by equal “freedom of choice” in respect to language use – can nevertheless serve as an agency of linguistic assimilation in a multilingual country.

Principal-Agent Theory and the World Trade Organization: Complex Agency and ‘Missing Delegation’

This paper analyses the World Trade Organization within a principal-agent framework. The concept of complex agency is introduced to focus on the variety of actors that comprise an international organization. Special attention is paid to the relationship between contracting parties’ representatives and the Secretariat. In the empirical part, the paper analyses the role of the Secretariat in assisting negotiations and presents evidence of declining influence. It is shown how principal-agent theory can contribute to addressing this ‘puzzle of missing delegation’. The paper concludes with a cautionary note as to the ‘location’ of international organizations’ emerging pathologies and calls for additional research to address the relationship between material and social sources to explain behaviour of the key actors within the complex agency.

Attitudes, stress and use of force in selected areas of Texas law enforcement

This research aimed to explore the extent to which police use of force was related to attitudes towards violence, agency type, and racism. Previous studies have found a culture of honor in the psychology of violence in the Southern United States. Were similar attitudes measurable among Texas professional line officers? Are there predictors of use of force?^ A self reported anonymous survey was administered to Texas patrol officers in the cities of Austin and Houston, and the Counties of Harris and Travis. A total of seventy-four questionnaires were used in the statistical analyses. Scales were developed measuring use of force, attitudes towards violence, and feelings on racism. Their relationship was examined.^ A regression model shows a strong and significant relationship between the officers' attitudes towards violence and the self-reported use of force. Further, agency type, municipal versus sheriff, also predicts use of force. Attitudes regarding race or racism, as measured by this study, were not predictive of use of force. ^

PROJECTION OF HEALTH DEMAND IN TERMS OF HOSPITAL ADMISSIONS FOR SELECTED DIAGNOSES IN HEALTH SYSTEMS AGENCY SERVICE AREAS

The National Health Planning and Resources Development Act of 1974 (Public Law 93-641) requires that health systems agencies (HSAs) plan for their health service areas by the use of existing data to the maximum extent practicable. Health planning is based on the identificaton of health needs; however, HSAs are, at present, identifying health needs in their service areas in some approximate terms. This lack of specificity has greatly reduced the effectiveness of health planning. The intent of this study is, therefore, to explore the feasibility of predicting community levels of hospitalized morbidity by diagnosis by the use of existing data so as to allow health planners to plan for the services associated with specific diagnoses.^ The specific objectives of this study are (a) to obtain by means of multiple regression analysis a prediction equation for hospital admission by diagnosis, i.e., select the variables that are related to demand for hospital admissions; (b) to examine how pertinent the variables selected are; and (c) to see if each equation obtained predicts well for health service areas.^ The existing data on hospital admissions by diagnosis are those collected from the National Hospital Discharge Surveys, and are available in a form aggregated to the nine census divisions. When the equations established with such data are applied to local health service areas for prediction, the application is subject to the criticism of the theory of ecological fallacy. Since HSAs have to rely on the availability of existing data, it is imperative to examine whether or not the theory of ecological fallacy holds true in this case.^ The results of the study show that the equations established are highly significant and the independent variables in the equations explain the variation in the demand for hospital admission well. The predictability of these equations is good when they are applied to areas at the same ecological level but become poor, predominantly due to ecological fallacy, when they are applied to health service areas.^ It is concluded that HSAs can not predict hospital admissions by diagnosis without primary data collection as discouraged by Public Law 93-641. ^

La Direttiva 2008/104/CE relativa al lavoro tramite agenzia interinale: aspetti problematici e modelli di implementazione = Directive 2008/104/EC relating to temporary agency work: problematic aspects and implementation models. WP C.S.D.L.E. “Massimo D’Antona”.INT – 101/2013

The problematic gestation of the Directive on temporary agency work shows the presence of several criticalities that there are also in the national transposition in relation to the principle of equal treatment and to the mechanisms for preventing abuse during successive assignments. From a first analysis it can be said that in some EU Member States only the derogations have been implemented and not the general principle of equal treatment. At the same time, the obligation of the Member States, contained in the Directive on temporary agency work, to establish mechanisms for preventing abuse during successive assignments is crucial, especially in the light of the recent case law of the EU Court of Justice in which the Court does not apply to the temporary agency workers the protective rules of the Directive on fixed-term contracts (see C-290/12 , Della Rocca).

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.

Passenger car fuel economy, EPA and road : a report to the Congress in response to the National Energy Conservation Policy Act of 1978, public law 95-619, title IV, part 1, section 404 /

"September 1980"--Cover.

The Resource Conservation and Recovery Act of 1976 : a brief look at Public Law 94-580.

Mode of access: Internet.

The Resource Conservation and Recovery Act of 1976 : a summary of public law 94-580.

Mode of access: Internet.

Federal technology policy and environmental protection : hearing before the Committee on Governmental Affairs, United States Senate, One Hundred Second Congress, second session, on S. 2632, to establish the National Environmental Technologies Agency, July 21, 1992.

Shipping list no.: 93-0203-P.

Federal Aviation Agency airspace closure : Project Sedan : preliminary and final report /

Project Sedan.