134 resultados para verdict de culpabilité


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O planejamento provoca um fascínio e deslumbramento no homem desde os primórdios do seu aparecimento, quando procura antever o futuro, que se lhe apresenta desconhecido e misterioso. Uma das características do ser humano é fazer planos, sendo essa atividade uma atitude inerente ao homem e também às sociedades. A literatura brasileira, disponível sobre o tema, apresenta-se de uma certa forma dicotômica, quase sempre sem uma unidade orgânica, ora produzindo parcos estudos teóricos, ora fornecendo análises de experiências específicas de países, regiões e estados em períodos de tempo determinados. A dissertação de mestrado para a Escola Brasileira de Administração Pública - EBAP Fundaçâo Getúlio Vargas - FGV,Planejamento Governamental. Aspectos teóricos e uma análise das experiências mundial, brasileira e cearence, consolida num só estudo os aspectos teóricos e práticos dentro de um encadeamento lógico,didático com o objetivo de revisitar/esclarecer o tema e servir de mate rial de consulta/referência para cursos de graduação e pós-graduação da disciplina Planejamento Governamental. Para uma melhor compreensão das experiências de planejamento, apresenta inicialmente os aspectos teóricos, conceituando o tema e relacionando suas funções ~ características. O trabalho mostra o inter-relacionamento do, planejamento com o poder e a política, incluindo a discussão do mito da neutralidade e racionalidade, assim como' sua utilização como instrumento nas mãos dos que detêm o poder, Demonstra também o caráter do plnejamento como processo com definições e a descrição de três modelos teóricos - Bromley, Tristão e Hilhorst. Apresenta o dilema liberdade do setor privado versus intervenção governamental, desde as primeiras manifestações de planejamento na Rússia, após a revolução de outubro de 1917 passando pelas experiências da Europa e Estados Unidos da América, até a dos países subdesenvolvidos, cada qual com suas condições históricas e institucionais peculiares. Faz uma análise da experiências mundial e brasileira (dividida em fases: ocasional - até 1930, empírica 1930-1964 e científica 1964-1986), sendo que para esta última adota uma abordagem síntese baseada nos pontos de vista de diversos autores examinados, principalmente Benedicto Silva, Werner Baer, Issac Kerstenetzky, Anniba1 V. Villela, Jorge Vianna Monteiro e Luiz Roberto Aze vedo Cunha. No caso da experiência cearense ( 1963-1986 ), a descrição factual e linear dos planos tem uma seqUência temporal (a exemplo dos planos brasileiros), forma meramente didática escolhi da e visa uma melhor compreensão do assunto. Paralelamente, analisa os planos em seus aspectos econômico, social, político e cultural de forma integrada, numa tentativa de dimensionar a história total do planejamento estadual. O enfoque tradicional de comparação objetivos propostos/objetivos alcançados, muito comum nas análises das experiências de planejamento, é deixado de lado stricto-senso. Em contrapartida, dá ênfase a um aspecto que julga mais relevante: a identificação da evolução dos arranjos organizacionais, visto ser o planejamento algo que neles se traduz e cuja exequibilidade depende, em alto grau, do contexto institucional. Isentando o conceito do planejamento de culpa pelo seu fracasso no atingimento da maioria de seus objetivos, o trabalho aponta uma série de fatores particularmente desfavoráveis que configura uma situação de crise: Objetivos apologéticos e triunfalistas; retórica inócua; uso do planejamento no sentido de fortalecedor e viabilizador dos interesses da classe dominante; exarcebação da técnica e tese da neutralidade do planejamento para efeito de obtenção de poder; manipulação do planejamento como instrumento de mistificação, assim como seu uso como fetiche e servidor de "trampolim" para a política (principalmente no Ceará); a eliminação do caráter federativo da União Republicana, provocando a perda de autonomia dos estados com o sistema tributário, conduzindo a uma centralização das decisões ( e do poder )'; ausência de continuidade nas políticas econômicas de longo prazo tendo como corolário a descontinuidade administrativa e, por último, a própria natureza do planejamento posto em prática no Brasil e no Ceará que, sendo indicativo, não detém o controle de todas as variáveis do processo. O aparecimento de um novo paradigma para o planejamento governamental passaria, necessariamente, pela antítese dos entraves apontados no estudo.

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Esta dissertação tem por objetivo analisar os institutos da decisão monocrática e do agravo interno, sob o prisma de metodologia empírica que busca priorizar a realidade pragmática da aplicação do artigo 557 do Código de Processo Civil. Enfocou-se o instituto da decisão monocrática no contexto das minirreformas processuais brasileiras, que tiveram como alicerce o princípio da efetividade processual. Esse princípio pressupõe a duração razoável do processo, garantida na Constituição Federal Brasileira. A partir da constitucionalidade desse princípio, defendeu-se a constitucionalidade do artigo 557 do Código de Processo Civil, que não pode ser considerado abstratamente inconstitucional. Demonstrou-se que a aplicabilidade do artigo 557 pode ser inconstitucional se não atender à técnica da ponderação de valores, que garante a interpretação conforme a Constituição. Analisou-se o agravo interno, sob a premissa do valor da celeridade em cotejo com o devido processo legal, que permeou a subsequente análise do procedimento desta espécie de agravo. Após uma reflexão sobre os institutos da decisão monocrática e do agravo interno, aliada ao exame dos princípios do devido processo legal, ampla defesa, contraditório e motivação das decisões judiciais, passou-se ao exame empírico desses institutos jurídicos. Nessa análise, foram coletados e examinados dados estatísticos, que confirmaram – e, assim, possibilitaram a conclusão da dissertação – a constitucionalidade do artigo 557 e a importância de sua interpretação conforme os referidos princípios constitucionais.

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Includes bibliography

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Pós-graduação em Agronomia (Energia na Agricultura) - FCA

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The present work is a reflexive-theoretically research that intends, by the light of Psychoanalytic and Freudo-Marxim theories, to think about the work malaise - effect of a repressive civilization -, and the sublimation possibilities, in the context of the discussions about the conflict individual-civilization. The work favors the essential thing for the human race's representations. Current researches indicate the importance of thinking the work in the process physical and mental health/illness, as well as the subjectivity of the human race in the present time. However, the organizations of work, using reductionist views, with the psychiatric-medical Knowledge/power as accomplice, have a tendency to disregard their responsibilities in the "production" of the illnesses in the workers. Freud, by the neurosis's understanding, showed that in the individual-civilization conflict the first one pays a high price: the constant malaise (the guilt as malaise). While who detains the guilt, in the social sense of the word (the guilt of malaise), is the human culture, intermediated by the organizations, defenders of the minority's interests that hold the manners of production/exploration. According to Freud, the growth of the feeling of guilt is inevitable, considering the necessity of the drives repression to cultural progress through displeasure work. However, Reich and Marcuse theorize an exit for the Freudian pessimism about the conflict between the individual and the civilization. Freud didn't consider properly the nature socio-historical of the Reality Principle, understanding it like universal. Therefore, the level of repression would have a specific socio-economic class: surplus value for a minority and more repression for the great mass. A less repressive Reality Principle might provide a fair progress of the humanity. It's in the list of discussion the possibility of the work in social and psychological conditions that allow the reduction of worker's malaise in the civilization's breast.

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One of the major constraints to sustainable of the tillage is the rapid decomposition of dry the matter. One of the mechanisms known to facilitate this process is the interference in pathways of polymers of lignin from tests of application of low doses of herbicide based on the relation that higher the content of the lignin greater the resistance to degradation. With this purpose, the herbicide Verdict * R (haloxyfop-methyl) was used to verify the effect of low doses at the height of the plants, productivity of dry matter and in the metabolism of the lignin in plants of black oat. Preliminary tests in the greenhouse were realized for adjustments ​​to the best low doses to be applied in the definitive experiment in the production area. The results obtained were 24% of increase in productivity in the experiments conducted in greenhouse, from the application of 3.125g of the active ingredient of the haloxyfop-methyl per hectare, in this subdose no changes was observed in growth and content of lignin in plants of black oat. In the field, the concentration of 2.5g i. a. ha-1 of haloxyfop-methyl decreased in 9% the lignification rate without interfering with the height and productivity of the plants, this being favorable to the degradation rate of stubble tillage on outcome

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In conservation agriculture, mainly under direct seeding, maintaining the vegetation ground cover is essential, since this serves as a reservoir of nutrients which are slowly released to plants by microorganisms. Some authors have sought to study increases in the amount of straw in the soil, in addition to slowing down the process of decomposition, with hormesis being one of the techniques used. This technique states that all chemical substances are both poisonous and nonpoisonous, with only the dosage determining whether they are lethal or not. This study aimed to evaluate the dry weight and agronomic characteristics of a crop of black oat subjected to hormesis. The experimental design was of randomised blocks, with 12 treatments and 4 replications, giving a total of 48 experimental lots. The treatments were: Haloxyfop-R Methyl Ester at dosages of 0.625, 1.25 and 2.50 g ha(-1); Glyphosate at dosages of 12.50, 25.00 and 50.00 g ha-1; 2,4-D dimethylamine salt at dosages of 100.00, 200.00 and 300.00 g ha(-1); Alterbane at a dosage of 500.00 g ha(-1); Salicylic acid at a dose of 100 g ha(-1); and a control. It was concluded that for the subdosages under test, the herbicides 2,4-D at medium dosage and Verdict at low dosage were shown to be the best treatments for conserving straw as ground cover under direct seeding.

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

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Under conservation tillage systems is critical to maintaining plant residues from previous crops on the soil surface. A technique called Hormesis aims to increase the amount of straw and also cause a delay in straw decomposition. Therefore, this study aimed to evaluate the agronomic characteristics of corn under no-tillage system subjected to Hormesis. The experiment was carried out at UNESP campus in the city of Botucatu, SP . The experimental was design in completely randomized blocks. The treatments based on the technique of Hormesis were : control (no application) , sub Gliphosate low dosage (12.5 g.ai.ha - 1 ) , sub Gliphosate average dosage (25 g. ai.ha - 1 ) , sub Gliphosate high dose (50 g. ai.ha -1 ), 2,4-D under low dose (100 g. ai.ha -1 ), 2,4-D sub average dosage (200 g. ai.ha -1 ) 2,4- D under high dosage (300 g. ai.ha -1 ) sub Verdict low dose (0.625 g. ai.ha -1 ) sub Verdict average dosage (1.25 g. ai.ha -1 ) , sub Verdict high dosage (2.5 g. ai.ha - 1 ) . In addition, the following characteristics were evaluated: plant height, first ear growth, stem diameter , ear length , number of rows per cob, cob diameter , , percentage of grains on the cob , mass of plant dry matter, and yield. The results showed that all the treatments showed no statistical difference, the maize was not affected with sub doses of herbicides applications under the field and weather conditions in which the experiment was conducted.

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Pós-graduação em Enfermagem - FMB

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In modern society, individuals constantly pass judgments on their own body and physical competence as well as that of other people. All too often, the verdict is less favourable. For the person, these physical self-perceptions (PSP) may negatively affect global self-esteem, identity, and general mental well being. The overall aim of this thesis is to examine primarily the role that exercise, but also the roles that gender and culture, play in the formation of PSP. In Study I, using confirmatory factor analyses, strong support for the validity of a first-order, and a second-order hierarchical and multidimensional model of the Physical Self-Perception Profile (PSPP: Fox & Corbin, 1989) was found across three national samples (Great Britain, Sweden and Turkey) of university students. Cross-cultural differences were detected, with the British sample demonstrating higher latent means on all PSPP subdomains except for the physical condition subdomain (Condition), than the Swedish and Turkish samples. In Study II, a higher self-reported exercise frequency was associated with more positive PSP (in particular for Condition) and more importance attributed to PSP in Swedish university students. Males demonstrated higher overall PSPP-scores than females. In Study III, a true-experimental design with randomisation into an intervention and a control group was adopted. Strong support for the effects of an empowerment-based exercise intervention programme on PSP and social physique anxiety (SPA) over six months for adolescent girls was found. The relations of exercise, gender and culture with PSP, SPA and self-esteem are discussed from the standpoints of a variety of theoretical models (the EXSEM-model), and frameworks (self-presentation and objectification theory). The two theories of self-enhancement and skill-development are examined with regard to the direction of the exercise-physical self relationship and motivation for exercise. Arguments for the relevance of exercise and PSP for practitioners in promoting general mental well-being and preventing modern-day diseases are outlined.

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Background There is concern that non-inferiority trials might be deliberately designed to conceal that a new treatment is less effective than a standard treatment. In order to test this hypothesis we performed a meta-analysis of non-inferiority trials to assess the average effect of experimental treatments compared with standard treatments. Methods One hundred and seventy non-inferiority treatment trials published in 121 core clinical journals were included. The trials were identified through a search of PubMed (1991 to 20 February 2009). Combined relative risk (RR) from meta-analysis comparing experimental with standard treatments was the main outcome measure. Results The 170 trials contributed a total of 175 independent comparisons of experimental with standard treatments. The combined RR for all 175 comparisons was 0.994 [95% confidence interval (CI) 0.978–1.010] using a random-effects model and 1.002 (95% CI 0.996–1.008) using a fixed-effects model. Of the 175 comparisons, experimental treatment was considered to be non-inferior in 130 (74%). The combined RR for these 130 comparisons was 0.995 (95% CI 0.983–1.006) and the point estimate favoured the experimental treatment in 58% (n = 76) and standard treatment in 42% (n = 54). The median non-inferiority margin (RR) pre-specified by trialists was 1.31 [inter-quartile range (IQR) 1.18–1.59]. Conclusion In this meta-analysis of non-inferiority trials the average RR comparing experimental with standard treatments was close to 1. The experimental treatments that gain a verdict of non-inferiority in published trials do not appear to be systematically less effective than the standard treatments. Importantly, publication bias and bias in the design and reporting of the studies cannot be ruled out and may have skewed the study results in favour of the experimental treatments. Further studies are required to examine the importance of such bias.

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Beyond the challenge of crafting a new state Constitution that empowered the people and modernized and opened up state and local government in Montana, the Constitutional Convention delegates, as they signed the final document, looked forward to the arduous task of getting it ratified by the electorate in a short ten week period between the end of the convention on March 24 and the ratification election of June 6, 1972. While all 100 delegates signed the draft Constitution, not all supported its adoption. But the planning about how to get it adopted went back to the actions of the Convention itself, which carefully crafted a ballot that kept “hot political issues” from potentially killing the entire document at the polls. As a result, three side issues were presented to the electorate on the ballot. People could vote for or against those side issues and still vote to ratify the entire document. Thus, the questions of legalizing gambling, having a unicameral legislature and retaining the death penalty were placed separately on the ballot (gambling passed, as did the retention of the death penalty, but the concept of a one-house legislature was defeated). Once the ballot structure was set, delegates who supported the new Constitution organized a grassroots, locally focused effort to secure ratification – thought hampered by a MT Supreme Court decision on April 28 that they could not expend $45,000 in public monies that they had set aside for voter education. They cobbled together about $10,000 of private money and did battle with the established political forces, led by the MT Farm Bureau, MT Stockgrowers’ Assn. and MT Contractors Assn., on the question of passage. Narrow passage of the main document led to an issue over certification and a Montana Supreme Court case challenging the ratification vote. After a 3-2 State Supreme Court victory, supporters of the Constitution then had to defend the election results again before the federal courts, also a successful effort. Montana finally had a new progressive State Constitution that empowered the people, but the path to it was not clear and simple and the win was razor thin. The story of that razor thin win is discussed in this chapter by the two youngest delegates to the 1972 Constitutional Convention, Mae Nan Ellingson of Missoula and Mick McKeon, then of Anaconda. Both recognized “Super Lawyers in their later professional practices were also significant players in the Constitutional Convention itself and actively participated in its campaign for ratification. As such, their recollections of the effort provide an insider’s perspective of the struggle to change Montana for the better through the creation and adoption of a new progressive state Constitution “In the Crucible of Change.” Mae Nan (Robinson) Ellingson was born Mae Nan Windham in Mineral Wells, TX and graduated from Mineral Wells High School in 1965 and Weatherford College in Weatherford, TX in 1967. Mae Nan was the youngest delegate at the 1972 Convention from Missoula. She moved to Missoula in 1967 and received her BA in Political Science with Honors from the University of MT in 1970. She was a young widow known by her late husband’s surname of Robinson while attending UM graduate school under the tutelage of noted Professor Ellis Waldron when he persuaded her to run for the Constitutional Convention. Coming in a surprising second in the delegate competition in Missoula County she was named one of the Convention’s “Ten Outstanding Constitutional Convention Delegates,” an impressive feat at such a young age. She was 24 at the time, the youngest person to serve at the ConCon, and one of 19 women out of 100 delegates. In the decade before the Convention, there were never more than three women Legislators in any session, usually one or two. She was a member of the American Association of University Women, a Pi Sigma Alpha political science honorary, and a Phi Alpha Theta historical honorary. At the Convention, she led proposals for the state's bill of rights, particularly related to equal rights for women. For years, Ellingson kept a copy of the preamble to the Constitution hanging in her office; while all the delegates had a chance to vote on the wording, she and delegate Bob Campbell are credited with the language in the preamble. During the convention, she had an opportunity that opened the door to her later career as an attorney. A convention delegate suggested to her that she should go to law school. Several offered to help, but at the time she couldn't go to school. Her mom had died in Texas, and she ended up with a younger brother and sister to raise in Missoula. She got a job teaching, but about a year later, intrigued with the idea of pursuing the law as a career, she called the man back to ask about the offer. Eventually another delegate, Dave Drum of Billings, sponsored her tuition at the UM School of Law. After receiving her JD with Honors (including the Law Review and Moot Court) from the UM Law School Ellingson worked for the Missoula city attorney's office for six years (1977-83), and she took on landmark projects. During her tenure, Missoula became the first city to issue open space bonds, a project that introduced her to Dorsey & Whitney. The city secured its first easement on Mount Sentinel, and it created the trail along the riverfront with a mix of playing fields and natural vegetation. She also helped develop a sign ordinance for the city of Missoula. She ended up working as bond counsel for Dorsey & Whitney, and she opened up the firm's full-fledged Missoula office after commuting a couple of years to its Great Falls office. She was a partner at Dorsey Whitney, working there from 1983 until her retirement in 2012. The area of law she practiced there is a narrow specialty - it requires knowledge of constitutional law, state and local government law, and a slice of federal tax law - but for Ellingson it meant working on great public projects – schools, sewer systems, libraries, swimming pools, ire trucks. At the state level, she helped form the Montana Municipal Insurance Authority, a pooled insurance group for cities. She's shaped MT’s tax increment law, and she was a fixture in the MT Legislature when they were debating equal rights. As a bond lawyer, though, Ellingson considers her most important work for the state to be setting up the Intercap Program that allowed local governments to borrow money from the state at a low interest rate. She has been a frequent speaker at the League of Cities and Towns, the Montana Association of Counties, and the Rural Water Users Association workshops on topics related to municipal finance, as well as workshops sponsored by the DNRC, the Water and Sewer Agencies Coordination Team, and the Montana State University Local Government Center. In 2002, she received an outstanding service award from the Montana Rural Water Users Association. In addition to being considered an expert on Montana state and constitutional law, local government law and local government finance, she is a frequent teacher at the National Association of Bond Lawyers (NABL) Fundamentals of Municipal Bond Law Seminar and the NABL Bond Attorney’s Workshop. For over 30 years Mae Nan has participated in the drafting of legislation in Montana for state and local finance matters. She has served on the Board of Directors of NABL, as Chairman of its Education Committee, was elected as an initial fellow in 1995 to the American College of Bond Counsel, and was recognized as a Super Lawyer in the Rocky Mountain West. Mae Nan was admitted to practice before the MT and US Supreme Courts, was named one of “America’s Leading Business Lawyers” by Chambers USA (Rank 1), a Mountain States Super Lawyer in 2007 and is listed in Best Lawyers in America; she is a member and former Board Member of NABL, a Fellow of the American College of Bond Counsel and a member of the Board of Visitors of the UM Law School. Mae Nan is also a philanthropist who serves on boards and applies her intelligence to many organizations, such as the Missoula Art Museum. [Much of this biography was drawn from a retirement story in the Missoulian and the Dorsey Whitney web site.] Mick McKeon, born in Anaconda in 1946, is a 4th generation Montanan whose family roots in this state go back to the 1870’s. In 1968 he graduated from Notre Dame with a BA in Communications and received a Juris Doctorate degree from the University of Montana Law School in 1971. Right after graduating from law school, Mick was persuaded by his father, longtime State Senator Luke McKeon, and his uncle, Phillips County Attorney Willis McKeon, to run for delegate to Montana’s Constitutional Convention and was elected to represent Deer Lodge, Philipsburg, Powell, and part of Missoula Counties. Along with a coalition of delegates from Butte and Anaconda, he fought through the new Constitution to eliminate the legal strangle hold, often called “the copper collar,” that corporate interests -- the Anaconda Company and its business & political allies -- had over state government for nearly 100 years. The New York Times called Montana’s Constitutional Convention a “prairie revolution.” After helping secure the ratification of the new Constitution, Mick began his practice of law in Anaconda where he engaged in general practice for nearly 20 years. Moving to Butte in 1991, Mick focused has practice in personal injury law, representing victims of negligence and corporate wrongdoing in both Montana district courts and federal court. As such, he participated in some of the largest cases in the history of the state. In 1992 he and his then law partner Rick Anderson obtained a federal court verdict of $11.5 million -- the largest verdict in MT for many years. Mick’s efforts on behalf of injured victims have been recognized by many legal organizations and societies. Recently, Mick was invited to become a member of the International Academy of Trial Lawyers - 600 of the top lawyers in the world. Rated as an American Super Lawyer, he has continuously been named one of the Best Lawyers in America, and an International Assn. of Trial Lawyers top 100 Trial Lawyer. In 2005, he was placed as one of Montana’s top 4 Plaintiff’s lawyers by Law Dragon. Mick is certified as a civil trial specialist by the National Board of Trial Advocacy and has the highest rating possible from Martindale-Hubble. Mick was awarded the Montana Trial Lawyers Public Service Award and provided pro bono assistance to needy clients for his entire career. Mick’s law practice, which he now shares with his son Michael, is limited to representing individuals who have been injured in accidents, concentrating on cases against insurance companies, corporations, medical providers and hospitals. Mick resides in Butte with his wife Carol, a Butte native. Mick, Carol, Michael and another son, Matthew, who graduated from Dartmouth College and was recently admitted to the Montana bar, enjoy as much of their time together in Butte and at their place on Flathead Lake.

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The long-awaited verdict by the German Federal Court of Justice towards Google image search has drawn much attention to the problem of copyright infringement by search engines on the Internet. In the past years the question has arose whether the listing itself in a search engine like Google can be an infringement of copyright. The decision is widely seen as one of the most important of the last years. With significant amount of effort, the German Fede- ral Court tried to balance the interests of the right holders and those of the digital reality.

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“Large-scale acquisition of land by foreign investors” is the correct term for a process where the verdict of guilt is often quicker than the examination. But is there something really new about land grab except in its extent? In comparison with colonial and post-colonial plantation operations, should foreign investors today behave differently? We generally accept coffee and banana exports as pro-growth and pro-development, just as for cars, beef and insurance. What then is wrong with an investment contract allowing the holder to buy a farm and to export wheat to Saudi Arabia, or soybeans and maize as cattle feed to Korea, or to plant and process sugar cane and palm oil into ethanol for Europe and China? Assuming their land acquisition was legal, should foreigners respect more than investment contracts and national legislation? And why would they not take advantage of the legal protection offered by international investment law and treaties, not to speak of concessional finance, infrastructure and technical cooperation by a development bank, or the tax holidays offered by the host state? Remember Milton Friedman’s often-quoted quip: “The business of business is business!” And why would the governments signing those contracts not know whether and which foreign investment projects are best for their country, and how to attract them? This chapter tries to show that land grab, where it occurs, is not only yet another symptom of regulatory failures at the national level and a lack of corporate social responsibility by certain private actors. National governance is clearly the most important factor. Nonetheless, I submit that there is an international dimension involving investor home states in various capacities. The implication is that land grab is not solely a question whether a particular investment contract is legal or not. This chapter deals with legal issues which seem to have largely escaped the attention of both human rights lawyers and, especially, of investment lawyers. I address this fragmentation between different legal disciplines, rules, and policies, by asking two basic questions: (i) Do governments and parliaments in investor home countries have any responsibility in respect of the behaviour of their investors abroad? (ii) What should they and international regulators do, if anything?