The Map of the Courts and the Brazilian Borders

The formation of our borders are analyzed, at first presenting the question of the demarcation line of Tordesillas and the problems that led to the abandonment of this trace to adopt a configuration thatwould deal with both the actual possession of the territory (uti possidetis) as the natural borders formed by rivers and water borders. Next, the Map of the Courts is examined, having served as the basis for the Treaty of Madrid, and it determines, actually, the current configuration of our country. An analysis is made of this cartographic document, with the aid of digital cartography, which yieldeds in the quantity of existing distortions, to modeled its trait and found out how it was built.

O mapa das cortes e as fronteiras do Brasil

Analisa-se a formação de nossas fronteiras apresentando inicialmente a questão da demarcação da linha de Tordesilhas e os problemas que levaram ao abandono desse traçado para adotar uma configuração que respeitasse tanto a posse efetiva do território (uti possidetis) como as divisas naturais: rios e divisores de água. A seguir examina-se o Mapa das Cortes que, tendo servido como base para o Tratado de Madri, determinou na prática a configuração atual de nosso país. É feita uma análise desse documento cartográfico, com o auxílio da Cartografia digital, que permitiu quantificar as distorções existentes, afirmar seu caráter propositado e descobrir a forma como foi construído.

Patents and the CGIAR system of International Agricultural Research Centres' germplasm collections under the International Treaty on Plant Genetic Resources for Food and Agriculture

A key controversy in negotiating the International Treaty on Plant Genetic Resources for Food and Agriculture, and the likely long-term effectiveness of the agreement, is the way in which the intellectual property provisions are interpreted and applied to the key genetic resources forming the Consultative Group on International Agricultural Research (CGIAR) system of International Agricultural Research Centres' (IARC) collections. This paper reviews the intellectual property provisions in the treaty and examines the likely consequences from patenting under the Patents Act 1990 over materials derived from these collections. The consequence is argued to be significant and, over time, these practices are likely to deplete the usefulness of these collections and undermine the relevance of the treaty. The paper concludes that Australia's interests might best be served by arguing that access to these collections, and the other materials under the treaty, be subject to a non-exclusive, royalty free licence for any use of the derived materials to develop useful new plant varieties.

O treaty-making power na Constituição brasileira de 1988: uma análise comparativa do poder de celebrar tratados à luz da dinâmica das relações internacionais

O presente trabalho teve por objetivo estudar o modo pelo qual a Constituição brasileira de 1988 disciplina a competência dos poderes constituídos para a celebração de tratados. Buscou-se analisar, dessa forma, o relacionamento dos poderes Legislativo e Executivo no que tange ao procedimento de celebração de tratados internacionais.

Mixed Blessing? EP Oversight of the ESDP and the Constitutional Treaty

As commonly held, the European Security and Defence Policy (ESDP) suffers from a “double democratic deficit”: the EP has a marginal role in the ESDP-making process and the national parliaments remain unable to account for their own government. Therefore pressure coming from these two institutions had been exercised during the Convention on the Future of Europe to improve the democratic oversight on this rapidly evolving policy. This paper investigates the innovations included in the Constitutional Treaty, focusing specifically on the new role granted to the EP. It shows that even though this text does not substantially modify the inter-institutional balance of powers in the ESDP area, the EP may take advantage of some of its articles to become an actor in the ESDP-control process in the ‘living constitution.

Citizen participation and the Lisbon Treaty : A legal perspective

How to "bring the [European] Union closer to its citizens" is a vexed and vital problem of European integration. Article 11 TEU on participatory democracy, recently introduced by the Lisbon Treaty, is meant to be part of the solution. The EU Economic and Social Committee has gone so far as to define this provision "a milestone on the road to a people's Europe that is real and feasible". This appears to be an overly optimistic assessment - partly because art. 11 relies heavily on the involvement of civil society organisations, which political science literature suggests is conceptually and/or practically irrelevant to citizen involvement; partly because it largely formalizes participatory practices that have been in existence for years without cognizable effects on citizen participation; and partly because even its most innovative element - the European citizens' initiative (ECI) - does not bring significant changes to the Union's constitutional arrangements in terms of redistributing decision-making power. In addition to that, secondary legislation places significant hurdles on the submission of ECIs and might prevent or delay their becoming a standard democratic practice. This is not to say that art. 11 TEU has no potential at all. Its insertion in the Treaty might provide impetus to rethink and develop past participatory practices, such as horizontal civil dialogue. Moreover, the effects of "popular input" in the form of ECIs on EU institutional dynamics is as yet unknown - and perhaps not negligible, to judge from the keen interest that the European Parliament and other bodies have demonstrated in "appropriating" it as a political asset. Finally, art. 11 raises the stakes of the Union's democratic challenge and might pressure EU institutions to make full use of its potential. Or, if eventually proved inadequate, art. 11 might constitute a constitutional experiment on the way to meaningful forms of direct democracy at EU level.