Land parceling and neighborhood impacts in Brazil

The proposal and implementation of parceling real estate into smaller lots in Brazil is done according to legal and technical formalities. However, these instruments have proved inefficient in reducing the resulting environmental impacts. The ambiguities of the federal, state and municipal laws and regulations have limited the effectiveness of the actions of urban administrators. Law 10257/2001 emerged as an alternative to overcome these difficulties, proposing the adoption of neighborhood impact studies as an instrument to evaluate new proposals of urban occupation for purposes of environmental licensing. Thus, the purpose of this law is to provide the foundations for municipal public authorities to establish criteria for the assessment, mitigation and compensation of impacts resulting from new occupations. However, the very vagueness of the generic nature of this federal law and its incorrect application in the municipal sphere has posed the greatest obstacles to the good use of this instrument of urban environmental management. These deficiencies are classified herein in the categories of philosophical, technical and operational problems. The problems of a philosophical nature lead to technical difficulties, which in turn trigger operational deficiencies. This article discusses these deficiencies and points out ways to reduce them. © 2009 Journal of Urban and Environmental Engineering (JUEE). All rights reserved.

Strategy proposal, from the perspective of Latin America and the Caribbean, for advancing towards an international convention on the human rights of older persons

The Brasilia Declaration, adopted in 2007 at the second Regional Intergovernmental Conference on Ageing in Latin America and the Caribbean: towards a society for all ages and rights-based social protection and ratified in ECLAC resolution 644(XXXII) of 2008, called on participating governments to work towards adopting a international convention regarding the rights of older persons (Article 24). It also established a mandate for a Human Rights Council Special Rapporteur who would be responsible for promoting and protecting the rights of older persons (Article 25).Three meetings were held during the past biennium pursuant to that commitment. The first and second meetings took place, respectively, in Rio de Janeiro, Brazil (2008) and in Buenos Aires, Argentina (2009). At the third meeting, held in Santiago (Chile), on 5-6 October 2009, participating countries requested the Secretariat of the United Nations Economic Commission for Latin America (ECLAC) to prepare "a proposal for a strategy on how to follow up article 24 and 25 of the Brasilia Declaration." This proposal should include the "minimum content necessary in an international convention on the rights of older persons from the Latin American and Caribbean perspective."In response to this request, this document first presents a general overview of existing human rights standards, both at the international and at the regional levels, that are relevant to the promotion and the protection of the rights of older persons. It then provides the arguments that, from a Latin American and Caribbean perspective, justify the adoption of an international convention regarding the rights of older persons, as well as the minimum contents that this convention should include. The document finally presents a proposed strategy to move towards the adoption of an international convention in this realm from a Latin American and Caribbean perspective.

A qualidade ambiental urbana na legislação municipal: exemplo do plano diretor de araçatuba-SP 1

Environmental quality is a fundamental issue in order to characterize quality of life in the cities. The human activities interfere in environmental processes, causing impacts that must be minimized. It is the task of municipal laws to impose theoretic and practical foundations appropriated to the dimension of local problems. In this sense, the goal of this work was to propose a discussion about the recognition of environmental quality in municipal law, especially in the Municipal Master Plan of Araçatuba, city located in the state of São Paulo. It was possible to observe that in many aspects this law is far away from urban reality.

Draft biennial programme of regional and international cooperation activities of the Statistical Conference of the Americas of ECLAC, 2007-2009

Includes bibliography

Report on the implementation of the 2009-2011 biennial programme of regional and international cooperation activities of the Statistical Conference of the Americas of ECLAC

Incluye Bibliografía

Network for Cooperation in Integrated Water Resource Management for Sustainable Development in Latin America and the Caribbean No. 40

Editorial remarks.-- Open discussion: Regulation under the public model of service provision ; Regulatory progress and challenges in Argentina ; Twenty years of SUNASS: development, experience, lessons learned and challenges ; Possible conflict between efficiency and sustainability ; Best practices in regulating State-owned and municipal water utilities.-- News of the Network: Water use charge in the Province of Buenos Aires ; National Drinking Water and Sanitation Sector Policy of Guatemala ; Sanitation Services Modernization Law of Peru ; Internet and WWW News

O município e a organização da educação: caminhos e desafios da criação e implantação do sistema municipal de ensino de Ananindeua-PA

A pesquisa investigou o processo de institucionalização do Sistema Municipal de Ensino de Ananindeua - Pará, considerando a democratização, descentralização da educação e autonomia municipal como categorias centrais. Objetivou a análise de sua organização desde a criação da Lei do Sistema Municipal de Ensino, por meio dos documentos oficiais que lhe dão suporte, sua caracterização enquanto sistema municipal e a formulação da sua política educacional. A metodologia utilizada foi uma pesquisa bibliográfica e análise documental. Os resultados mostram que a construção dos sistemas municipais de ensino no Brasil vem se dando pela recuperação do pacto federativo, redefinindo-se as responsabilidades dos entes federados, num contexto de grandes mudanças no cenário educacional; o município brasileiro assumiu um papel fundamental nesta organização, passando a ter a prerrogativa legal de constituir seu próprio sistema de ensino; a relação entre descentralização e democratização das tomadas de decisões não é direta, sendo defendida como uma oportunidade de se dar um novo significado às formas de gestão das instâncias públicas; a transferência da administração de escolas estaduais para o nível local se mostrou como um grande viés da descentralização; o município de Ananindeua ainda busca a consolidação do seu sistema de ensino e, no âmbito de sua função normativa e de mobilização, busca a participação dos diversos segmentos sociedade local. Conclui-se que para a criação do SME de Ananindeua se fez uma opção política que exigiu daqueles que são responsáveis pela educação municipal assumirem responsabilidades por sua organização; sua construção ensejou a análise dos problemas locais da educação, a definição de estruturas e funções dos organismos locais e percepção dos fins e valores da educação local.

A política nacional de resíduos sólidos e o plano diretor municipal de Rio Claro/SP: o uso como instrumento para a gestão urbano-ambiental municipal

Due to the large economic development associated with the growing consumerist lifestyle of our capitalist society, the problem of uncontrolled solid waste generation worsens, which one is considered to be one of the main responsible factors for environmental degradation. As a case study and in order to solve the problem of large generation of municipal solid waste, this work aims to study the “plano diretor” of Rio Claro city, São Paulo. The “plano diretor” is a municipal law that provides guidelines for the administration of the city, which include guidelines for the management of solid waste generated in the city. The guidelines required in order to write the “plano diretor” are provided by the national law “estatuto da cidade”, providing information for the planning and development of the cities, as well as the management of the urban environment. However, only the “estatuto da cidade” does not provide enough instructions for creating management plans in order to solve the many problems from the urban environment. Thus, studies have been done about urban and environmental management, to understand how municipal management plans should be structured. As a form of seeking information that can complement the “plano diretor” to the creation of policies for managing solid waste of the city, the “Política Nacional de Resíduos Sólidos”(PNRS) emerges in 2010 as a document which provides principles, objectives and guidelines to create plans for Solid Waste Management at the national, state, regional and municipal levels. Therefore, it was possible to make a joint analysis of the “plano diretor” of Rio Claro with the PNRS to identify what is already done within the municipality about the solid waste management, and identify which aspects are most significant in the municipal solid waste management that the national policy provides. Yet studies have been done on the current municipal solid waste management...

A construção da carreira docente no sistema municipal de ensino de Rio Claro: profissionalização e valorização profissional

Pós-graduação em Educação - IBRC

Gestão ambiental e o meio urbano do município de Franca: uma abordagem a partir da Política Nacional de Resíduos Sólidos

Pós-graduação em Planejamento e Análise de Políticas Públicas - FCHS

Review of Laws and Societies in the Canadian Prairie West, 1670-1940 Edited by Louis A. Knafla and Jonathan Swainger

For all intents and purposes, the settlement of the Canadian prairie was the founding of a new society using materials brought to the new land along with those close at hand. Of course, preexisting aboriginal society had to be supplanted in the course of this founding. In both the supplanting and the founding, the rule of law as we currently know it was a principal means and end of the settlement process.

Gestão ambiental e o meio urbano do município de Franca: uma abordagem a partir da Política Nacional de Resíduos Sólidos

Pós-graduação em Planejamento e Análise de Políticas Públicas - FCHS

The abuse of intellectual property rights and regulations in China: a law and economic analysis

From the institutional point of view, the legal system of IPR (intellectual property right, hereafter, IPR) is one of incentive institutions of innovation and it plays very important role in the development of economy. According to the law, the owner of the IPR enjoy a kind of exclusive right to use his IP(intellectual property, hereafter, IP), in other words, he enjoys a kind of legal monopoly position in the market. How to well protect the IPR and at the same time to regulate the abuse of IPR is very interested topic in this knowledge-orientated market and it is the basic research question in this dissertation. In this paper, by way of comparing study and by way of law and economic analyses, and based on the Austrian Economics School’s theories, the writer claims that there is no any contradiction between the IPR and competition law. However, in this new economy (high-technology industries), there is really probability of the owner of IPR to abuse his dominant position. And with the characteristics of the new economy, such as, the high rates of innovation, “instant scalability”, network externality and lock-in effects, the IPR “will vest the dominant undertakings with the power not just to monopolize the market but to shift such power from one market to another, to create strong barriers to enter and, in so doing, granting the perpetuation of such dominance for quite a long time.”1 Therefore, in order to keep the order of market, to vitalize the competition and innovation, and to benefit the customer, in EU and US, it is common ways to apply the competition law to regulate the IPR abuse. In Austrian Economic School perspective, especially the Schumpeterian theories, the innovation/competition/monopoly and entrepreneurship are inter-correlated, therefore, we should apply the dynamic antitrust model based on the AES theories to analysis the relationship between the IPR and competition law. China is still a developing country with relative not so high ability of innovation. Therefore, at present, to protect the IPR and to make good use of the incentive mechanism of IPR legal system is the first important task for Chinese government to do. However, according to the investigation reports,2 based on their IPR advantage and capital advantage, some multinational companies really obtained the dominant or monopoly market position in some aspects of some industries, and there are some IPR abuses conducted by such multinational companies. And then, the Chinese government should be paying close attention to regulate any IPR abuse. However, how to effectively regulate the IPR abuse by way of competition law in Chinese situation, from the law and economic theories’ perspective, from the legislation perspective, and from the judicial practice perspective, there is a long way for China to go!

Legal presumptions in national tax systems (Italy and Belgium) and in EU law

The thesis deals with the concept of presumptions, and in particular of legal presumptions, in the context of national tax systems (Italy and Belgium) and EU law. The purpose was to investigate the concept of legal presumption under a twofold comparative perspective. After having provided a general overview of the common core concept of presumption in the European context, an insight in the national approach to legal presumptions was given by examining two different national experiences, namely the Italian and Belgian tax systems. At this stage, the Constitutional framework and some of the most interesting and relevant at EU level presumptive measures were explored, with a view to underlining possible divergences and common grounds. The concept of (national) legal presumption was then investigated in the context of EU law, with the attempt to systematize under a uniform perspective a matter which has been traditionally dealt with either from the merely national point of view or, at EU level, through a fragmented form. In this instance, the EU law relevant framework and the most significant EUCJ case-law, in particular in the field of customs duties, VAT, on the issue of the repayment of taxes levied in breach of EU law and in the area of direct taxation, were examined so as to construe the overall EU approach to national legal presumptions. This was done with the finality of determining if and to what extent a common analytical framework may be identified, from which were extracted certain criteria governing the compatibility of national legal presumptions with EU law.

Cosmologies and Regionalisms from "Above' and "Below' in the Post-Cold War Americas: the Relevance of Karl Polanyi for the 21st Century

Drawing on a Polanyian analysis of the land question, this article aims to analyse both Western and Indigenous cosmologies of Abya Yalathe name that indigenous peoples give to the American continentto understand the relationship between human beings and land and nature. These cosmologies are at the heart of the way in which two distinct societies construct their regional space, one from above', the other from below', and they are therefore key to understanding today's climate change problematique. Following this nexus it is argued that, since the end of the Cold War, a new regional double-movement', unleashed by the quest for land and natural resources has been in the making. This is a superstructural or legal battle between Western transnational regime-making and a law that originated at the centre of the Earth'. The article explains both regionalisms and the dialectical interaction between them and demonstrates that Karl Polanyi's legacy remains relevant for the 21st century.