A exploração e a produção não convencionais de petróleo e gás natural:uma proposta de regulação não convencional

Esta dissertação debruçou-se sobre o estudo da regulação da exploração e da produção de recursos não convencionais de petróleo e gás natural e de controvérsias acerca da matéria. Partimos de fundamentos e segmentos do Direito Internacional Contemporâneo, sua interseção com o direito interno, precisamente no que diz respeito ao tema da regulação e os seus novos contornos, para então adentrar na regulação propriamente dita dos recursos não convencionais. Após ilustrarmos os diferentes tratamentos conferidos à exploração e à produção de recursos não convencionais no direito comparado, destacamos, como estudo de caso, o tratamento conferido no Brasil à questão e as controvérsias decorrentes dos não convencionais. Ao final, apresentamos algumas proposições com vistas a viabilizar tal atividade não apenas no Brasil como em demais países, por meio de uma regulação não convencional, isto é, elaborada de forma compartilhada e global, pautada nas Melhores Práticas da Indústria, nos princípios de direito internacional e na governança global, que respeite as peculiaridades dos recursos não convencionais e que conte com uma maior aceitação pelos diferentes atores envolvidos e/ou afetados por essa atividade exploratória, por meio da promoção do diálogo e do esclarecimento necessário. Acreditamos que dessa forma estar-se-ia por estimular uma era de ouro global ao gás natural, a considerar todas as suas vantagens perante demais fontes energéticas, proporcionando o desenvolvimento dos Estados de forma ambientalmente sustentável, resguardando-se os interesses dos investidores e, principalmente, dos principais beneficiários da política energética que são os indivíduos.

Listening to children in the field of education: experience in Wales

Listening to children in the field of education: experience in Wales, (2007) 19 Child and Family Law Quarterly 161-182 pp.161-182 RAE2008

France and the Problems of Security and Disarmament after the First World War

Jackson, Peter, 'France and the Problems of Security and Disarmament after the First World War', Journal of Strategic Studies (2006) 29(2) pp.247-280 Special Issue: Enforcing arms limits: Germany post 1919; Iraq post 1991 RAE2008

The Kosovo Bombing Campaign

Wheeler, Nicholas. 'The Kosovo Bombing Campaign', In: The Politics of International Law, C. Reus-Smit (Ed.), (Cambridge Studies in International Relations 96. Cambridge University Press, 2004), pp. 189-216, 2004. 1. Introduction Christian Reus-Smit; 2. The politics of international law Christian Reus-Smit; 3. When states use armed force Dino Kritsiotis; 4. Soft law, hard politics, and the Climate Change Treaty Robyn Eckersley; 5. Emerging customary norms, and anti-personnel landmines Richard Price; 6. International law, politics, and migrant rights Amy Gurowitz; 7. The International Criminal Court David Wippman; 8. The Kosovo bombing campaign Nicholas Wheeler; 9. International financial institutions Antony Anghie; 10. Law, politics, and international governance Wayne Sandholtz and Alec Stone Sweet; 11. Socety, power, and ethics Christian Reus-Smit. RAE2008

Prawa człowieka w kontekstach kulturowych

The power of human rights idea and its expansion are connected with the experience of so far unprecedented pain and cruelty caused by man to man during the Second World War. Doctrine of legal positivism strenghtened totalitarian systems. One of the essential goals that were set by totalitarian systems was ethnic cleansing within both one’s and subjugated communities. To achieve this goal, concentration camps were established. This Second World War’s events gave raise to a question: does the common morality of the whole mankind exist? The Nuremberg Trials based on conviction that this common morality of the whole mankind exists. In this lawsuits Nazis were on trials for mass murder and crimes against humanity despite the fact that this crimes did not exist as a criminal offences in international law of that time. Lawyers of Nazis argued that their clients should not have been on trials for crimes against humanity because the rule “lex retro non agit” (“the law does not operate retroactively”) should have been in force. International Military Tribunal dismissed this argument – it was stated they tried Nazis are responsible for acts resulting from breach of the natural law. Therefore, the primacy of natural law over civil law (was approved and they admitted that morality and law are essential components of international reality. Since The Nuremberg Trials, the process of making international relations more ethical proceeded consistently through positivisationi.e. introducing human rights ideas to civil law (this issue is included in the Part I of the book: Positivisation of human rights idea). In this way, contemporary human rights as civil law arose, established on the basis of international agreement. Using them in order to legitimize and validate humanitarian interventions undertaken in various parts of the world became the common standard. However, positivisation of human rights idea did not mean that one common paradigm was accepted. Many interpretation of human rights arose and many new human rights formed in concrete cultures. It gives raise to a question about validity of interventions especially in the context of cultural differences in various parts of the world that influence perception, understanding and interpretation of human rights (this issues are discussed in Part II of this book). At present human rights are not only relativized to cultural contexts but undergo semantic changes as a result of globalisation process as well (Part II of the book: Human rights idea vs globalisation). Moreover, the propositions of establishing institutions and global structures that would strengthen human rights idea appear, interalia new propositions of citizenship defining (ujmowanie jako definiowanie)in response to a decreasing role and significance of nation states in the age of globalization. The idea of human rights dominated present-day law, culture and daily life both in local and global dimension. Human rights issue became essential for philosophy, especially political philosophy.

Prawo cudzoziemca do ochrony przed arbitralnym wydaleniem w prawie polskim i prawie międzynarodowym

Wydział Prawa i Administracji: Katedra Prawa Konstytucyjnego

Ochrona i konserwacja zasobu w archiwach państwowych w Polsce

Wydział Historyczny

Reforming the legal framework for clinical trials with neonates in Ireland: a children’s rights approach

This thesis assesses the current regulatory framework regarding clinical trials with neonates in Ireland from a children’s rights perspective, as derived from the UN Convention on the Rights of the Child 1989 (UN CRC) and its supporting instruments. The focus on neonates in the thesis is due to the particular need for clinical research with this group of children, their dependency on others for their protection and the lack of attention which has been given to them in the regulatory framework. The importance of children’s rights in this area is linked to the role of human rights in the regulation of clinical research in general. A rights-based approach is of great practical relevance in reforming law, policy and practice. For example, the CRC contains a set of commonly agreed legal benchmarks which can be used to assess the current framework and shape recommendations for reform. In this way, it provides a set of binding norms under international law, which must be complied with by states and state actors in all law, policy and practice affecting children. However, the contribution which a children’s rights approach could make to the regulation of research with children has not, to date, been explored in detail. This thesis aims to address this gap by developing a set of children’s rights-based benchmarks, which are used to assess the Irish regulatory framework for clinical trials with neonates and to develop recommendations for reform. The purpose of the analysis and recommendations is to assess Ireland’s compliance with international children’s rights law in the area and to analyse the potential of children’s rights to effectively address inadequacies in the Irish framework. The recommendations ultimately aim to develop a framework which will enhance the protection of neonates’ rights in this important area of children’s lives.

A Politics of the Unspeakable: The Differend of Israel

Israel's establishment in 1948 in former British-Mandate Palestine as a Jewish country and as a liberal democracy is commonly understood as a form of response to the Holocaust of WWII. Zionist narratives frame Israel's establishment not only as a response to the Holocaust, but also as a return to the Jewish people's original homeland after centuries of wandering in exile. Debates over Israel's policies, particularly with regard to Palestinians and to the country's non-Jewish population, often center on whether Israel's claims to Jewish singularity are at the expense of principles of liberal democracy, international law and universal human rights. In this dissertation, I argue that Israel's emphasis on Jewish singularity can be understood not as a violation of humanism's universalist frameworks, but as a symptom of the violence inherent to these frameworks and to the modern liberal rights-bearing subject on which they are based. Through an analysis of my fieldwork in Israel (2005-2008), I trace the relation between the figures of "Jew" and "Israeli" in terms of their historical genealogies and in contemporary Israeli contexts. Doing so makes legible how European modernity and its concepts of sovereignty, liberalism, the human, and subjectivity are based on a metaphysics of presence that defines the human through a displacement of difference. This displaced difference is manifest in affective expression. This dissertation shows how the figure of the Jew in relation to Israel reveals sexual difference as under erasure by the suppression of alterity in humanism's configuration of man, woman, and animal, and suggests a political subject unable to be sovereign or fully represented in language.

The Right to Participation of Minorities and Irish Travellers

The idea of participation is becoming increasingly important in international human rights law and recent political and constitutional theory. There is an emerging international law right of minorities to participate in public life. There are many problems though with putting this right into practice. It is not enough to offer formal opportunities for representation or even to facilitate more participatory processes. This article explores how participation is more easily proclaimed than practised by examining the position of one ethnic minority, Travellers, in a liberal democracy, Ireland. While there are many formal opportunities for participation, these do not necessarily result in effective participation on a basis of equality, and may still result in decisions which fail to consider the Traveller culture and identity. Travellers still suffer from an imbalance of power in these arrangements. There are hopeful avenues to pursue in improving participation, the role of civil society and the use of a dialogue between non-governmental organisations and international organisations to put pressure on a national government, including special representation to offset the disadvantages of traditional representative democracy and emphasising the role of special parliamentary bodies; and the need to address the politics of recognition so as to strengthen the hand of disadvantaged groups such as Travellers.