Los tributos medioambientales: estudio comparado Andino

El desarrollo de la presente tesis es hacer un estudio comparativo de la implementación de los tributos Medioambientales en nuestro país, a partir de la experiencia de la Comunidad Europea quienes desarrollaron y siguen desarrollando la protección y conservación del Medio Ambiente a través de la imposición tributaria. En ese sentido partimos definiendo y precisando el término Medio Ambiente y ecología a fin de delimitar el tema de estudio, ya que el objetivo de la tesis es identificar las formas o mecanismos de protección del Medio Ambiente, enfatizando en la imposición Medioambiental que pueden ser a través de los impuestos, tasas o contribuciones; además de la consideración por nuestra Constitución del medio ambiente como un derecho humano fundamental de los seres humanos. Durante el desarrollo de la tesis, exponemos los instrumentos nacionales e internacionales, cuya finalidad busca garantizar la protección y conservación del Medio Ambiente, bajo el principio “quien contamina paga”, que no es otra cosa que la el criterio objetivo en la que el sujeto que deteriora o contamina el Medio Ambiente debe ser el responsable de reparar el daño causado. Finalmente analizamos la viabilidad de la protección del Medio Ambiente en los países andinos y en nuestro texto constitucional.

Análisis del dictamen No. 023-10-DTI-CC de la Corte Constitucional para el período de transición referente al “Tratado entre la República del Ecuador y la República Federal de Alemania sobre fomento y recíproca protección de inversiones de capital”: (Caso No. 0006-10-TI) [Jurisprudencia]

El presente trabajo analiza de manera crítica el pronunciamiento de la Corte Constitucional para el Período de Transición respecto al control constitucional de las denuncias de tratados bilaterales de inversiones de capital, tomando como caso de estudio el instrumento internacional suscrito entre Ecuador y Alemania, en el cual bajo una corriente constitucionalista, la Corte somete al crisol de la contradicción el contenido del Tratado Internacional con la normativa constitucional vigente. En aquel sentido, analizaremos cómo, a través de este polémico dictamen, se inicia una línea jurisprudencial en la que se configuran temas controversiales como el denominado control automático de constitucionalidad, y, el debate respecto a la soberanía estatal en cuanto al no sometimiento del Ecuador a arbitrajes comerciales internacionales en asuntos de índole comercial.

Ecuador

Ecuador’s total population numbers some 15,682,792 inhabitants, and includes 14 nationalities accounting for around 1,100,000 people, all joined together in a series of local, regional and national organisations. 60.3% of the Andean Kichwa live in six provinces in the Central-North Mountains; 24.1% live in the Amazon region and belong to ten nationalities; 7.3% live in the Southern Mountains; and the remaining 8.3% live in the Coastal region and the Galapagos Islands. 78.5% still live in rural areas and 21.5% in urban areas. The current Constitution of the Republic recognises the country as a “…constitutional state of law and social justice, democratic, sovereign, independent, unitary, intercultural, multinational and secular”. Over the last five years, the country has undergone a series of political and institutional reforms. At the same time, however, enforcing and guaranteeing the collective rights recognised in the Constitution has become a challenge to the process, and a permanent point of disagreement between the government, headed by the economist Rafael Correa, and the indigenous social organisations. The government’s economic action has been largely marked by an opening up of the extractive industries - oil, copper and gold - to foreign investment, either of Chinese or Belarussian origin, or from other Latin American countries such as Brazil, Chile or Argentina. This has resulted in risk to and impacts on the territorial and cultural integrity of various indigenous peoples, and an uncertainty created around the true validity of the broad collective rights enshrined in the Constitution.

El legado de Cádiz: ciudadanía y cultura política en la Gobernación de Cuenca, 1812-1814 (Estudios)

Este trabajo analiza el legado de las Cortes de Cádiz y de la Constitución de 1812 en Cuenca entre 1812 y 1814. Estudia los principales cambios políticos relacionados con los derechos de diversos actores sociales, así como el rompimiento de antiguas formas de relación social. Los cambios políticos se relacionaron con la introducción de nuevos conceptos y prácticas como ciudadanía, soberanía, elección y representación, tanto en el mundo criollomestizo como en el indígena (población cañari) de la provincia. Se analiza la abolición del tributo indígena, el servicio personal y la mita, además se estudian algunos cambios administrativopolíticos como la creación de los ayuntamientos constitucionales, las diputaciones provinciales y nacionales.

Análisis de la sentencia n.º 001-10-SIN-CC. Casos n.º 0008-09-IN y 0011-09-IN sobre acción de inconstitucionalidad en contra de la Ley de Minería y efectos posteriores (Jurisprudencia)

This paper aims to analyze the decision issued by the Constitutional Court for Transition within the unconstitutionality presented against the Mining Act. Proponents, in the main, formal allege unconstitutional by the Mining Law have been issued by the Committee on Legislation and Oversight (National Assembly during the Transitional Period after the adoption of the 2008 Constitution) without the prior execution of a legislative pre query, this query being a collective right of national, indigenous peoples and communities recognized in Article 57 paragraph 17 of the Constitution of the Republic. The Constitutional Court ruled Transition to reject the unconstitutionality confirming the constitutionality of the regulatory body and the substantial and non-formal pre-legislative consultation.

Towards self-ware via swarm-array computing

The work reported in this paper proposes Swarm-Array computing, a novel technique inspired by swarm robotics, and built on the foundations of autonomic and parallel computing. The approach aims to apply autonomic computing constructs to parallel computing systems and in effect achieve the self-ware objectives that describe self-managing systems. The constitution of swarm-array computing comprising four constituents, namely the computing system, the problem/task, the swarm and the landscape is considered. Approaches that bind these constituents together are proposed. Space applications employing FPGAs are identified as a potential area for applying swarm-array computing for building reliable systems. The feasibility of a proposed approach is validated on the SeSAm multi-agent simulator and landscapes are generated using the MATLAB toolkit.

Apartment ownership: the English version needs reforming

In this contribution, the English commonhold system, which enables the development of freehold units in a multi-unit development, is critically re-visited. Provision is made for the development of freehold apartments on land with a registered commonhold title. At the date of registration, a management body for the scheme, the commonhold association, must be in place. Each purchaser of a unit in the relevant building obtains freehold property on purchase. The property and management of the building housing the units and of the common areas of the scheme are, by contrast, withheld from unit holders and vested in the commonhold association, which is a special kind of body corporate. Since the coming into force of the English legislation, a set of defects have been detected. This contribution re-assesses the main problem areas and makes a number of reform suggestions drawing on material from a number of jurisdictions, notably South Africa, France and Germany. Avoidable problems are likely to arise with any conversions to commonhold from the predominant English long lease system, owing to the narrowness of the conversion rules. The manner in which ownership of units and the common parts are regulated, a key aspect in any such system, merits re-assessment. It seems that here the English rules survive comparison. The rules pertaining to constitution of the commonhold association fail to provide sufficient safeguards for unpaid scheme creditors. The rules relating leasing of commonhold units seem inadequately thought out. There is a conspicuous absence of real remedies for non-payment of assessments by unit holders. The effect of these and other aspects may help to explain why commonhold has had a limited numerical impact. The time for a second generation reforming statute may have come.

Surviving without leading: Jacques Chirac

The presidency of Jacques Chirac in France (1995-2007) was scarred by two crushing defeats: the parliamentary elections of 25 May and 1 June 1997, and the referendum on the European Constitution of 29 May 2005. As both were highly personal setbacks, since both votes were taken at Chirac’s initiative they suggest that a dominant presidential position, twice won, was twice squandered owing to a failure of leadership. This chapter argues, firstly, that the weaknesses of the presidency arose chiefly from the three decades of Chirac’s career before the 1995 election – and, secondly, that Chirac’s record of presidential leadership, though limited, is more substantial than these two major failures suggest.

Framing evidence: policy design for the zero carbon home

In 2006 the UK government announced a move to zero carbon homes by 2016. The demand posed a major challenge to policy makers and construction professionals entailing a protracted process of policy design. The task of giving content to this target is used to explore the role of evidence in the policy process. Whereas much literature on policy and evidence treats evidence as an external input, independent of politics, this paper explores the ongoing mutual constitution of both. Drawing on theories of policy framing and the sociology of classification, the account follows the story of a policy for Zero Carbon Homes from the parameters and values used to specify the target. Particular attention is given to the role of Regulatory Impact Assessments (RIAs) and to the creation of a new policy venue, the Zero Carbon Hub. The analysis underlines the way in which the choices about how to model and measure the aims potentially transforms them, the importance of policy venues for transparency and the role of RIAs in the authorization of particular definitions. A more transparent, open approach to policy formulation is needed in which the framing of evidence is recognized as an integral part of the policy process.

Sparta and the English Republic

In 1659-60, James Harrington and Henry Stubbe, two republican authors, engaged in a bad-tempered pamphlet debate about the constitution of classical Sparta. This took place in the context of political collapse after the fall of the Cromwellian Protectorate, as republicans desperately attempted to devise safeguards which could prevent the return of monarchy. Questions of constitutional form were not always at the forefront of 1650s English republicanism, but Harrington’s ideal constitution of ‘Oceana’ brought these questions to the fore in 1659’s discussions. Sparta formed a key plank of the ‘ancient prudence’ which supported Harrington’s theory, and like Stubbe he drew on Nicolaus Cragius’ De Republica Lacedaemoniorum (1593) for evidence, and was attracted to some of the more apparently ‘aristocratic’ elements of the Spartan constitution. However, classical texts and modern scholarly authority, such as Cragius’, were not the only ingredients in the English version of the ‘classical republican’ tradition; sixteenth- and seventeenth-century political thinkers and current exigencies also shaped Harrington and Stubbe’s arguments. Both Harrington and Stubbe ended up challenging the scholarly and ancient consensus that Sparta was an aristocracy or mixed polity, Harrington reinterpreting it to assimilate it to ‘democracy’, and Stubbe attempting to rehabilitate a model of benign ‘oligarchy’.

Kant, or the crack in the universal : Slavoj Zizek's politicising the transcendental turn

This paper examines Slavoj Zizek’s reading of Immanuel Kant. Its undergirding argument is that Zizek’s work as a whole- up to and including his politically radical statements, which have become more and more prominent since 1997- is conceivable as a project in the rereading of the Kantian ‘Copernican Revolution’ via Lacanian psychoanalysis. Critics now agree that Zizek’s orienting aim is to write a philosophy of politics, as more recent texts, like The Ticklish Subject make clear. (Kay, 2003; Sharpe, 2004; Dean 2006) If Zizek’s philosophy is ultimately a philosophy of politics, however, Zizek’s political philosophy is grounded in a wider post or ‘neo’-Kantian philosophy of subjectivity.
The essay has three major parts. Part I gives Zizek’s reading of Kant on the subject of apperception. Part II recounts Zizek’s pivotal reading of Kant on the sublime, which he ties closely to the problematics of the ‘Transcendental Dialectic’ of the first Critique. Part III then examines Zizek’s conception of subjectivity in terms of the faculties (and especially the faculty of imagination) that Kant argues are involved in the transcendental constitution of objects in the first half of The Critique of Pure Reason.
In the Conclusion, the force of the paper’s subtitle—‘Politicising the Transcendental Turn’—will become manifest. I lay out three principles of Zizek’s ‘neoKantian/Hegelian’ ontology. These also make clear how his philosophy of political agency is grounded in this apparently suprapolitical or solely philosophical reading of Kant.

Poetry and public speech: three traces

Poetry is routinely seen as ‘marginal’ to public culture, especially in terms of it having lost its status as a form of public speech. Such a condition is often noted in nostalgic terms, in which a golden era—bardic or journalistic—is evoked to illustrate contemporary poetry’s lack. But traces of poetry’s instrumentality, especially as a form of public speech, can be found in various extra-poetic contexts.

In this article, three examples of poetry operating in ‘extra-poetic contexts’ will illustrate the different, sometimes troubling, ways in which traces of poetry as a mode of public speech can be observed in contemporary culture: the poem-cartoons of Michael Leunig; the role of the poet Les Murray in the drafting of a proposed preamble to the Constitution of Australia; and the quotation of William Ernest Henley’s ‘Invictus’ as the final statement of Timothy McVeigh (the ‘Ohio Bomber’) prior to his execution.

These examples illustrate that poetry-as-public-speech engages with political discourse in diverse, incommensurate ways. Leunig’s occasional cartoon-poems, appearing in the metropolitan press, are examples of poetry at its most public and politically engaged state. And yet, even Leunig’s most ‘political’ work gestures towards a realm beyond politics, where the poetic, the comic, and the existential coexist as a way of making life in the political realm more bearable. Les Murray’s role as a ‘national’ poet in the failed attempt to introduce a preamble to the Australian Constitution illustrates the vestigial role that poets can play in nation building. Lastly, McVeigh’s quotation of Henley, made without any explanation, shows the unpredictable and potentially volatile condition of poetry-as-public-speech. In addition, the examples variously engage in arguments about the relationship between the individual and the state, private identity and national history.

Bauman, strangerhood and attitudes towards immigrants among the Australian population

Through an investigation of the idea of the stranger, this article seeks to blend theory with empirical research. It does this in three ways. First, it engages with a social theory of the stranger articulated in the work of Zygmunt Bauman. Second, it examines data from the Australian Election Study surveys between 1996 and 2007 in order to explore attitudinal changes towards groups of immigrants. The findings from this survey suggests that attitudes towards immigrants in general have fluctuated in Australia, despite the negative effects of economic globalization, the growth in neoliberal economic reforms and terrorist attacks in the West. Third, drawing on Bauman's theory of the stranger we provide an interpretation of these fluctuating attitudes through the idea of the hybrid stranger. Finally, we argue that a more nuanced understanding of these attitudes towards immigrants in Australia is possible when a theory of the stranger is informed by a discussion on the constitution of host self, the influence of the media, the role of government policy, and the impact of class and geography.

An international society - if you can keep it...

This paper is a defense of the ideal of an international society of sovereign states in an era of growing challenges to its practice. However, in order to defend the ideal of international society in an era of growing threats to the practice of this ideal, particularly in the forms of transnational harm, graphic interstate inequality, revisionist non-state actors and confrontational US foreign policy, I agree with those scholars that the theory of international society needs to be revised. While the English School (ES), also referred to as Rationalism, has examined and defended the ideal of an international society, the current problems facing the society of sovereign states require us to rethink the conceptual tools of the ES. While this paper defends the desirability of a society of sovereign states, I argue that that the pluralist-solidarist divide invites us to make ultimately unhelpful choices about ethics and politics within contemporary world politics. Consequently, I am going to propose that rather than concentrating on the ends that such a society ought to uphold, we ought to concentrate on the ways in which an international society could be sustained and the roles that individuals could play in the contemporary constitution of a robust international society.

New scalar politics : implications for education policy

This paper argues that globalisation has implications for research and theory in the social sciences, demanding that the social no longer be seen as homologous with nation, but also linked to postnational or global fields. This situation has theoretical and methodological implications for comparative education specifically focused on education policy, which traditionally has taken the nation-state as the unit of analysis, and also worked with 'methodological nationalism'. The paper argues that globalisation has witnessed a rescaling of educational politics and policymaking and relocated some political authority to an emergent global education policy field, with implications for the functioning of national political authority and national education policy fields. This rescaling and this reworking of political authority are illustrated through two cases: the first is concerned with the impact of a globalised policy discourse of the ‘knowledge economy’ proselytised by the OECD and its impact in Australian policy developments; the second is concerned explicitly with the constitution of a global education policy field as a commensurate space of equivalence, as evidenced in the OECD’s PISA and educational indicators work and their increasing global coverage. The paper indicatively utilises Bourdieu’s ‘thinking tools’ to understand the emergent global education policy field and suggest these are very useful for doing comparative education policy analysis.