Direito Das Relacoes Internacionais

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Globalization of contractual law

Author : Frederico Eduardo Zenedin Glitz
Publisher : Frederico Glitz Consultoria Jurídica
ISBN 13 : 8591689925
Total Pages : 410 pages
Book Rating : 4.5/5 (916 download)

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Book Synopsis Globalization of contractual law by : Frederico Eduardo Zenedin Glitz

Download or read book Globalization of contractual law written by Frederico Eduardo Zenedin Glitz and published by Frederico Glitz Consultoria Jurídica. This book was released on 2014-12-01 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book adopts the proposition that it is possible to the customs to be sources of contractual obligations. To support that premise, it was necessary to seek jurisprudential (arbitration and litigation) and comparative basis. Even more, due to contract law internationalization, customary international sources should be subject of domestic treatment, as they provide contractual obligations as well as they work as contractual interpretation tool. However, one can´t neglect the need to control the customary content. In detailed terms, then, we can say that the role reserved for the custom as contractual law rules source has always been residual in Brazilian law. Accompanying the modern European experience, doctrine and Brazilian legislation emphasize the secondary, when not merely interpretive, role of the contractual custom. In turn, Brazilian case law wasn´t able to give general treatment to contractual custom. Moreover, the process of reducing distances and cultural, social and economic approximation, usually called globalization, influenced the contracts through the incorporation of a number of solutions brought from the international trade practice. Although they might be justified by the age-old principle of freedom, somehow these international "uses" insinuate themselves into Brazil to the point of requiring that the Brazilian Courts themselves to give them treatment and shelter. On one side, if you deny the existence of a creative normative role in contractual custom by another, albeit indirect, is recognized not only their existence but the possibility of foreign origin. This paradoxical treatment reflects, to some extent, another consequence: the Brazilian contract law is in the process of internationalization. Here, then, a new confrontation is announced: a broad creative freedom (a tributary of the so-called Lex mercatoria) and the foreign act incorporation control (public policy). Unlike before, however, no simplistic answer would be feasible, particularly because of the complexity of contemporary and regulatory Brazilian contract law.

CRITICAL DIALOGUES

Author : Cássius Guimarães Chai
Publisher : Grupo de Pesquisa Cultura, Direito e Sociedade (DGP/CNPQ/UFMA)
ISBN 13 :
Total Pages : 379 pages
Book Rating : 4./5 ( download)

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Book Synopsis CRITICAL DIALOGUES by : Cássius Guimarães Chai

Download or read book CRITICAL DIALOGUES written by Cássius Guimarães Chai and published by Grupo de Pesquisa Cultura, Direito e Sociedade (DGP/CNPQ/UFMA). This book was released on 2021-12-29 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present publication is brought about by the joined researchers efforts to share common concerns and scientific analysis to the global current pandemic Covid-19, which discussions were held abridged during the International Online Congress “Critical Dialogues on Pandemic Perspectives: Global Justice, Rule of Law and Human Rights” comprising professional and theoretical reflections and synergy to promote international academic and scientific exchanging cooperation on the current global pandemic context on reflecting, thinking and scrutinizing government’s, public policies and decision-making process and innovation in the fighting against direct and collateral damages caused by the Covid- 19’s social and institutional impacts, considering transnational implications to the political, economic and the rule of law systems from a Global Justice approach and, locally to human rights’ protection. The Sustainable Development Goals achievements cannot ignore the technological challenges of The Industrial Revolution 4.0, the precariousness of labor relations, the growing of an economic inequality, and a return to extremist nationalism. Yet, the pandemic context, after two years, forces us to think about the ascendancy of intramural violence, since social distance ends up challenging everyone, however, with outstanding, material, and dissimilar conditions since it tends to the social elimination of the socially vulnerable. Despite the needed corporate and public adopted strategies, disenfranchisement and excessive administrative measures have been settled, reframing, and mitigating international relations pulling geopolitical, economic, and technological strings in the multipolar world. For those finding facts, we are invited to discuss the new challenges and outcomes from a pandemic perspective to the Global Justice, Rule of Law, and Human Rights questioning if and how human rights can be ensured and mainstreamed in the taken prevention and recovery measures in democratic societies. The International Congress was organized to celebrate the tenth anniversary of the Research Group Culture, Law and Society ((DGP CNPQ UFMA), and was upheld by The Graduate Law Program of the Universidade Federal do Maranhão (PPGDIR/UFMA), together with the Graduate Law Program of the Faculdade de Direito de Vitória (PPGD/FDV), the Chinese Study Center of the Instituto de Relaciones Internacionales of the Universidad Nacional de la Plata, and the Institute for International Legal Studies of the National Research Council of Italy, by each representative, we are pleased to WELCOME you to the Critical Dialogues on Pandemic Perspectives, discussing Human Rights, Democracy and Pandemic Perspectives. ISBN 978-65-00-40218-6

The Pan American Book Shelf

Author :
Publisher :
ISBN 13 :
Total Pages : 1146 pages
Book Rating : 4.:/5 (26 download)

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Book Synopsis The Pan American Book Shelf by :

Download or read book The Pan American Book Shelf written by and published by . This book was released on 1944 with total page 1146 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Manual de Direito do Trabalho

Author : Fßbio Villela
Publisher : Elsevier
ISBN 13 : 8535252754
Total Pages : 797 pages
Book Rating : 4.5/5 (352 download)

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Book Synopsis Manual de Direito do Trabalho by : Fßbio Villela

Download or read book Manual de Direito do Trabalho written by Fßbio Villela and published by Elsevier. This book was released on 2012 with total page 797 pages. Available in PDF, EPUB and Kindle. Book excerpt: Manual De Direito Do Trabalho.

Private International Law in BRICS

Author : Stellina Jolly
Publisher : Bloomsbury Publishing
ISBN 13 : 1509966153
Total Pages : 827 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Private International Law in BRICS by : Stellina Jolly

Download or read book Private International Law in BRICS written by Stellina Jolly and published by Bloomsbury Publishing. This book was released on 2024-08-08 with total page 827 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the convergences, divergences and reciprocal lessons that the BRICS countries (Brazil, Russia, India, China and South Africa) share with one another in developing the principles of private international law. The chapters provide a thematic understanding of the cornerstones of private international law in each of the BRICS countries: namely, (1) the procedure to initiate claims in civil and commercial matters, (2) the law that would govern such matters in litigation and arbitration, as well as (3) the mechanism to recognise and enforce foreign judgments and arbitral awards. Written by leading private international law scholars and practitioners, the chapters draw on domestic legislation and its interpretation through cases decided by the courts in each of these emerging economies, and explicitly cover the rules applicable in contractual and non-contractual concerns and issues of choice of court agreements. Issues around marriage, divorce, matrimonial property, succession and surrogacy are also addressed, considering the implication of such aspects through the increased movement of persons. The book is a useful comparative resource for the governments of the BRICS countries, legislators, traders, academics, researchers and students looking for an in-depth discussion of the reciprocal lessons that these countries may have to offer one another on these issues.

JUSTIÇA E DEMOCRACIA: as novas perspectivas da hermenêutica constitucional

Author : Renata Furtado de Barros
Publisher : Lulu.com
ISBN 13 : 1300495987
Total Pages : 501 pages
Book Rating : 4.3/5 (4 download)

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Book Synopsis JUSTIÇA E DEMOCRACIA: as novas perspectivas da hermenêutica constitucional by : Renata Furtado de Barros

Download or read book JUSTIÇA E DEMOCRACIA: as novas perspectivas da hermenêutica constitucional written by Renata Furtado de Barros and published by Lulu.com. This book was released on 2012-12-10 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: A ABPJD (Academia Brasileira de Produção Jurídica Discente) apresenta seu terceiro livro produzido com a colaboração de diversos profissionais da área jurídica, intitulado: "JUSTIÇA E DEMOCRACIA: as novas perspectivas da hermenêutica constitucional". Essa obra é fruto de inúmeras pesquisas dos alunos do curso de Pós-Graduação em Direito da PUC Minas, tendo contado com a colaboração de diversos docentes e discentes de outras instituições espalhadas por todo o Brasil. Com o objetivo de facilitar a leitura, a obra foi dividida em dois volumes, sendo este o primeiro volume. O que se busca a todo momento é crer em um ordenamento jurídico mais justo e democrático, para tanto, entendemos que a hermenêutica é um caminho seguro para reflexão da aplicação das normas no Estado Democrático de Direito brasileiro. Esperamos que esse livro seja uma reflexão da hermenêutica constitucional e de seu papel na manutenção de ideais mais sólidos de Justiça e Democracia. As Organizadoras.

Publications

Author : United States. Department of State. Central Translating Office
Publisher :
ISBN 13 :
Total Pages : 72 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Publications by : United States. Department of State. Central Translating Office

Download or read book Publications written by United States. Department of State. Central Translating Office and published by . This book was released on with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:

ABC Pol Sci

Author :
Publisher :
ISBN 13 :
Total Pages : 770 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis ABC Pol Sci by :

Download or read book ABC Pol Sci written by and published by . This book was released on 1989 with total page 770 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Antitrust Law in Brazil

Author : Eduardo Molan Gaban
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142940
Total Pages : 430 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Antitrust Law in Brazil by : Eduardo Molan Gaban

Download or read book Antitrust Law in Brazil written by Eduardo Molan Gaban and published by Kluwer Law International B.V.. This book was released on 2011-12-05 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book highlights the case of Brazil, a major economic player among developing countries. In seventeen years of enforcing the Brazilian Antitrust Law, Brazil’s Administrative Council for Economic Defence (CADE) has achieved outstanding results and has been recognized as the most effective antitrust enforcement agency in the developing world. This book is the first to describe and analyse the workings and case law of the CADE, emphasizing the agency’s fundamental methodology and focusing on the contributory roles of such factors as the following: mechanisms and procedures of enforcement of the Antitrust Law in Brazil; methodologies (tests) used for antitrust assessment (for merger and conduct controls); evaluation of barriers to entry and rivalry in analysed markets; assessment of proof and circumstantial evidence within CADE case law and court decisions; examination of rational justifications for practices under investigation; legality of exchange of information; leniency agreements; cease and desist agreements; cultural issues and modifications; civil and criminal enforcement; private damages considerations; and the role of international and regional competition law regimes (OECD, UNCTAD, WTO, ICN, Mercosur). The book’s consolidated research on Brazil’s cartel investigations clearly describes the main defence theories and the courts’ decisions. The authors also explore the relationship of Brazil’s antitrust law to the country’s public policies in the areas of consumer rights, public procurement, and measures against corruption, with special emphasis on the synergies arising from antitrust law and consumer protection. It is worth noting that the studies carried out in this book discussed Law No. 8884/94 (Brazilian Antitrust Law) and the New Brazilian Antitrust Law, which was passed on 5 October 2011 and which will be enforced in 2012. With its unique synthesis of constitutional law, comparative antitrust law, and CADE’s case law, this book will be welcomed by competition lawyers and other parties interested in methods and procedures used in merger and conduct control, and especially in anti-cartel enforcement, in developing countries.

Law, Reason and Emotion

Author : Mortimer Sellers (org.)
Publisher : Initia Via Editora
ISBN 13 : 8595470391
Total Pages : 887 pages
Book Rating : 4.5/5 (954 download)

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Book Synopsis Law, Reason and Emotion by : Mortimer Sellers (org.)

Download or read book Law, Reason and Emotion written by Mortimer Sellers (org.) and published by Initia Via Editora. This book was released on 2015-12-01 with total page 887 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume III: Working Groups

International law review

Author :
Publisher :
ISBN 13 :
Total Pages : 338 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis International law review by :

Download or read book International law review written by and published by . This book was released on 1983 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The International Law on Ballast Water

Author : Maria Helena Fonseca de Souza Rolim
Publisher : BRILL
ISBN 13 : 9004180788
Total Pages : 424 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The International Law on Ballast Water by : Maria Helena Fonseca de Souza Rolim

Download or read book The International Law on Ballast Water written by Maria Helena Fonseca de Souza Rolim and published by BRILL. This book was released on 2008-06-19 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The introduction of invasive marine species into new environments, whether by ships’ ballast water, attached to ships’ hulls or via other means has been identified as one of the four main threats to the world’s oceans, along with land-based sources of marine pollution, over-exploitation of living marine resources and the physical alteration or destruction of marine habitat. Increased trade and the consequent greater volumes of maritime traffic over the last few decades have served to fuel the problem. The effects in many areas of the world have been serious and significant. Quantitative data show that the rate of bio-invasions is continuing to increase, in some cases exponentially, and new areas are being found to be invaded all the time. As volumes of seaborne trade continue overall to increase, the problem may not yet have reached its peak. In response, IMO first adopted Guidelines for Preventing the Introduction of Unwanted Organisms and Pathogens from Ships' Ballast Water and Sediment Discharges in 1991; while the United Nations Conference on Environment and Development (UNCED), held in Rio de Janeiro in 1992, recognized the issue as a major international concern. The IMO Guidelines have since been kept constantly under review and updated. Subsequently, in February 2004, the International Convention for the Control and Management of Ships’ Ballast Water and Sediments was adopted. In providing a broad overview of the legal aspects related to marine pollution caused by ballast water and tank sediments, this book offers a pragmatic analysis of the current international legal system, and includes principles of international customary law and also references to a comprehensive environmental treaty law framework which relates the Ballast Water Convention to other treaties, such as the United Nations Convention on the Law of the Sea (UNCLOS), MARPOL and the Convention on Biological Diversity. With such a wide-ranging approach, this book will certainly provide a source of valuable information for all those with a requirement to pursue the subject in depth." From the Foreword by Efthimios E. Mitropoulos

Judicial Responses to Climate Change in the Global South

Author : Shuma Talukdar
Publisher : Springer Nature
ISBN 13 : 3031461428
Total Pages : 203 pages
Book Rating : 4.0/5 (314 download)

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Book Synopsis Judicial Responses to Climate Change in the Global South by : Shuma Talukdar

Download or read book Judicial Responses to Climate Change in the Global South written by Shuma Talukdar and published by Springer Nature. This book was released on 2023-12-13 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how judiciaries in different parts of the world are responding to climate change and how climate change intersects with the law. It offers feminist approaches to the judicial responses to climate change in the Global South, providing both jurisdictional and thematic reviews. Climate change is one of the most pressing global issues facing humankind, and is currently reshaping geopolitics, governance, law, and international relations around the world. The book’s originality lies in its endeavour to highlight judicial perspectives on climate change from prominent female researchers who have been working on this subject professionally and/or academically, bringing both regional and international views to the subject. The main objective is to give a new meaning to the study of climate change by bringing together the most recent aspects, including climate litigation, eco-constitutionalism and the environmental rule of law, climate and environmental justice, climate geopolitics and climate governance. The book will be of interest to students, academics, and scholars of climate law and environmental law around the world.

The Universal Declaration of Human Rights

Author : Humberto Cantu Rivera
Publisher : BRILL
ISBN 13 : 9004365141
Total Pages : 837 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The Universal Declaration of Human Rights by : Humberto Cantu Rivera

Download or read book The Universal Declaration of Human Rights written by Humberto Cantu Rivera and published by BRILL. This book was released on 2023-12-18 with total page 837 pages. Available in PDF, EPUB and Kindle. Book excerpt: The adoption of the Universal Declaration of Human Rights (UDHR) on 10 December 1948 by the United Nations General Assembly marked a groundbreaking moment in the field of international law. Not only would it start to move away from its original conception as an exclusively State-centered domain: it would also mark the progressive transformation of international law into a law for humankind. This instrument started a codification and institution-building process that would slowly evolve into a complex framework of treaties, bodies and procedures revolving around the protection of the human being against the actions – or omissions – of the State. This commentary provides a specific analysis and reflection of how each one of the rights enshrined therein have evolved over time.

Defining the Limits of Outer Space for Regulatory Purposes

Author : Olavo de Oliviera Bittencourt Neto
Publisher : Springer
ISBN 13 : 3319166859
Total Pages : 121 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Defining the Limits of Outer Space for Regulatory Purposes by : Olavo de Oliviera Bittencourt Neto

Download or read book Defining the Limits of Outer Space for Regulatory Purposes written by Olavo de Oliviera Bittencourt Neto and published by Springer. This book was released on 2015-05-14 with total page 121 pages. Available in PDF, EPUB and Kindle. Book excerpt: With different countries ascribing to different theories of air space and outer space law, Dr. Bittencourt Neto proposes in this Brief a reassessment of the international law related to the extension of state territories vertically. Taking into consideration the vast number of proposals offered by scholars and diplomatic delegations on this subject matter, as well as the principles of comparative law, a compromise to allow for peaceful development is the only way forward. The author argues for setting the delimitation of the frontier between air space and outer space at 100 km above mean sea level through an international treaty. This would also regulate passage rights for space objects during launchings and reentries, as long as those space activities are peaceful, conducted in accordance with international law and respecting the sovereign interests of the territorial State. Continuing expansion of the commercial space industry and conflicting national laws require a stable and fair legal framework best adjudicated by the United Nations, instead of allowing a patchwork system to persist. The proper framework for developing such regulation is carefully discussed from all angles with a practical recommendation for policy-makers in the field.

The Status of International Treaties on Human Rights

Author : European Commission for Democracy through Law
Publisher : Council of Europe
ISBN 13 : 9287160139
Total Pages : 229 pages
Book Rating : 4.2/5 (871 download)

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Book Synopsis The Status of International Treaties on Human Rights by : European Commission for Democracy through Law

Download or read book The Status of International Treaties on Human Rights written by European Commission for Democracy through Law and published by Council of Europe. This book was released on 2006-01-01 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains a number of papers presented at an international seminar, held in Coimbra, Portugal in October 2005, organised by the European Commission for Democracy through Law (Venice Commission) in co-operation with the lus Gentium Coimbrigae Centre and the Faculty of Law of the University of Coimbra and the International Association of Constitutional Law (IACL). Issues considered include: human rights and state succession; territorial scope of human rights obligations; the position of human rights treaties in national legal systems; the obligation to comply with the judgments of the European Court of Human Rights; the criteria for establishing the hierarchy of legal rules in national and international law.

Comparative Regional Protection Frameworks for Refugees

Author : Susan Kneebone
Publisher : Routledge
ISBN 13 : 1351794663
Total Pages : 258 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis Comparative Regional Protection Frameworks for Refugees by : Susan Kneebone

Download or read book Comparative Regional Protection Frameworks for Refugees written by Susan Kneebone and published by Routledge. This book was released on 2017-04-21 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection focuses on regional approaches to refugee protection, and specifically upon the norms, and the norm entrepreneurs of those approaches. It considers how recent crises in refugee protection (such as the Syrian and Andaman Sea crises) have highlighted the strengths and limits of regional approaches to refugee protection and the importance of looking closely at the underlying norms, and the identities and activities of the relevant ‘norm entrepreneurs’ at the regional level. It compares the norms of refugee protection that have evolved in three regions: the EU, Latin America and the South East Asian region, to identify which norms of refugee protection have been ‘internalised’ in the three regional contexts and to contextualise the processes. The authors demonstrate the need for awareness of the roles of different norm ‘entrepreneurs’ such as states, international organisations and civil society, in developing and promoting basic norms on refugee protection. This book was originally published as a special issue of The International Journal of Human Rights.