Pub Date : 2016-08-21DOI: 10.5007/2177-7055.2016V37N73P193
Arno Dal Ri Júnior, Mariana Clara de Andrade
the present paper analyses the first traces of the debates on environmental issues in the context of the General Agreement on Tariffs and Trade (GATT), in the period that comprehends the negotiations of the charter of the intended International Trade Organization (ITO), 1947, until the end of the Tokyo Round, 1979. In order to assess this subject, this paper mainly refers to the texts of the agreements of the mentioned period and the documents produced during the negotiation rounds. The study of these three initial decades is relevant for a full grasp of the origins of a discussion that would gain strength in the subsequent years, and that rebounds until the present days.
{"title":"A Frágil Gênese da Tutela Jurídica do Meio Ambiente no Sistema Multilateral de Comércio: uma análise do período de Bretton Woods à Rodada de Tóquio (1947-1979)","authors":"Arno Dal Ri Júnior, Mariana Clara de Andrade","doi":"10.5007/2177-7055.2016V37N73P193","DOIUrl":"https://doi.org/10.5007/2177-7055.2016V37N73P193","url":null,"abstract":"the present paper analyses the first traces of the debates on environmental issues in the context of the General Agreement on Tariffs and Trade (GATT), in the period that comprehends the negotiations of the charter of the intended International Trade Organization (ITO), 1947, until the end of the Tokyo Round, 1979. In order to assess this subject, this paper mainly refers to the texts of the agreements of the mentioned period and the documents produced during the negotiation rounds. The study of these three initial decades is relevant for a full grasp of the origins of a discussion that would gain strength in the subsequent years, and that rebounds until the present days.","PeriodicalId":30170,"journal":{"name":"Sequencia Estudos Juridicos e Politicos","volume":"37 1","pages":"193-225"},"PeriodicalIF":0.0,"publicationDate":"2016-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5007/2177-7055.2016V37N73P193","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70551940","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-08-21DOI: 10.5007/2177-7055.2016V37N73P75
Paulo César Busato
this paper intent critically discuss the possession crimes formula, from the theory of meaningful action. To do so, describes the development of the action's theories in criminal law so the civil law as the common law to reach the connection point in the thesis of Vives Anton's and George Fletcher's concepts of action.
{"title":"Delitos de Posse e Ação Significativa - Crítica aos Besitzdelikte a partir da Concepção Significativa da Ação","authors":"Paulo César Busato","doi":"10.5007/2177-7055.2016V37N73P75","DOIUrl":"https://doi.org/10.5007/2177-7055.2016V37N73P75","url":null,"abstract":"this paper intent critically discuss the possession crimes formula, from the theory of meaningful action. To do so, describes the development of the action's theories in criminal law so the civil law as the common law to reach the connection point in the thesis of Vives Anton's and George Fletcher's concepts of action.","PeriodicalId":30170,"journal":{"name":"Sequencia Estudos Juridicos e Politicos","volume":"37 1","pages":"75-111"},"PeriodicalIF":0.0,"publicationDate":"2016-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70552236","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-08-21DOI: 10.5007/2177-7055.2016V37N73P227
Karine de Souza Silva
the purpose of this article is to highlight the importance of the judgment "Bustani" delivered by the Administrative Tribunal of the International Labour Organization (ILOAT), to consolidate the principle of autonomy, considered as one of the constitutive elements of the legal personality of International Organizations. The first topic presents the Organization for the Prohibition of Chemical Weapons (OPCW) and explains the case that culminated in the dismissal of the Director-General and led to the postulation of the demand before the ILOAT. The second topic shows the main outlines of the process, including the parties' arguments, the legal basis and the decision of the Court. Finally, the article analyses the way of affirmation of autonomy as a raison d'etre of International Organizations and presents the relevance of Bustani jurisprudence.
{"title":"A Relevância do Acórdão Bustani do Tribunal Administrativo da OIT para a Consagração do Princípio da Autonomia das Organizações Internacionais","authors":"Karine de Souza Silva","doi":"10.5007/2177-7055.2016V37N73P227","DOIUrl":"https://doi.org/10.5007/2177-7055.2016V37N73P227","url":null,"abstract":"the purpose of this article is to highlight the importance of the judgment \"Bustani\" delivered by the Administrative Tribunal of the International Labour Organization (ILOAT), to consolidate the principle of autonomy, considered as one of the constitutive elements of the legal personality of International Organizations. The first topic presents the Organization for the Prohibition of Chemical Weapons (OPCW) and explains the case that culminated in the dismissal of the Director-General and led to the postulation of the demand before the ILOAT. The second topic shows the main outlines of the process, including the parties' arguments, the legal basis and the decision of the Court. Finally, the article analyses the way of affirmation of autonomy as a raison d'etre of International Organizations and presents the relevance of Bustani jurisprudence.","PeriodicalId":30170,"journal":{"name":"Sequencia Estudos Juridicos e Politicos","volume":"37 1","pages":"227-253"},"PeriodicalIF":0.0,"publicationDate":"2016-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5007/2177-7055.2016V37N73P227","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70552645","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-04-26DOI: 10.5007/2177-7055.2016V37N72P125
José Augusto Fontoura Costa, R. Lopes
This paper aims to examine the formation of international regimes on the civil aspects of children abduction, from the theory of international relations, which is shown adequate to justify cooperation even in cases outside the economic or security issues. From the qualitative method, the article firstly addresses the formation of the examined regimes; next it focuses in the exam of the theoretical models of international relation; and finally it focuses in the analysis of the constitution and maintenance of the regimes, revealing in the end that the theory of international relations provides promotion instruments for cooperation even on marginal issues to profit or power.
{"title":"Análise das Convenções sobre Restituição de Crianças Indevidamente Transportadas ou Retidas à Luz da Teoria dos Regimes Internacionais","authors":"José Augusto Fontoura Costa, R. Lopes","doi":"10.5007/2177-7055.2016V37N72P125","DOIUrl":"https://doi.org/10.5007/2177-7055.2016V37N72P125","url":null,"abstract":"This paper aims to examine the formation of international regimes on the civil aspects of children abduction, from the theory of international relations, which is shown adequate to justify cooperation even in cases outside the economic or security issues. From the qualitative method, the article firstly addresses the formation of the examined regimes; next it focuses in the exam of the theoretical models of international relation; and finally it focuses in the analysis of the constitution and maintenance of the regimes, revealing in the end that the theory of international relations provides promotion instruments for cooperation even on marginal issues to profit or power.","PeriodicalId":30170,"journal":{"name":"Sequencia Estudos Juridicos e Politicos","volume":"37 1","pages":"125-144"},"PeriodicalIF":0.0,"publicationDate":"2016-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5007/2177-7055.2016V37N72P125","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70551995","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-04-26DOI: 10.5007/2177-7055.2016V37N72P193
Horácio Wanderlei Rodrigues, L. R. Heinen
Legal positivism positions the law in the formal validity. However, the law theory also focuses on other aspects of empirical to understand the legal phenomenon, we seek such elements in the works of Herbert Hart and Alf Ross. To Hart the rule of recognition's content, that we can use to meet the validity of the right, should be measured empirically in each legal system and may also (but not necessarily) incorporate moral elements. Differently, the realistic Ross theory is independent of the validity criterion and he argues that the effectiveness is verifiable by the effective application of the law by legal authorities.
{"title":"Empiria como Critério de Vigência do Direito: entre Alf Ross e Herbert Hart","authors":"Horácio Wanderlei Rodrigues, L. R. Heinen","doi":"10.5007/2177-7055.2016V37N72P193","DOIUrl":"https://doi.org/10.5007/2177-7055.2016V37N72P193","url":null,"abstract":"Legal positivism positions the law in the formal validity. However, the law theory also focuses on other aspects of empirical to understand the legal phenomenon, we seek such elements in the works of Herbert Hart and Alf Ross. To Hart the rule of recognition's content, that we can use to meet the validity of the right, should be measured empirically in each legal system and may also (but not necessarily) incorporate moral elements. Differently, the realistic Ross theory is independent of the validity criterion and he argues that the effectiveness is verifiable by the effective application of the law by legal authorities.","PeriodicalId":30170,"journal":{"name":"Sequencia Estudos Juridicos e Politicos","volume":"37 1","pages":"193-216"},"PeriodicalIF":0.0,"publicationDate":"2016-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5007/2177-7055.2016V37N72P193","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70552176","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-04-26DOI: 10.5007/2177-7055.2016V37N72P41
José Querino Tavares Neto, C. M. Barbosa
Social rights have a collective dimension that arises especially when they become object of public policies, so their efficacy depends on the enlargement of deliberative spaces within the civil society. Although the legitimacy of the adjucation process depends on the juridical order providing spaces to guarantee that divergent interests will be represented, this is still difficult in the judiciary. Public hearings and amicus curiae can bring together "new actors", such as NGO's and social movements to the judicial field, so they could become more able to resist to the domination process denounced by Bourdieu, leading to democratization of the judiciary.
{"title":"Democratization of Justice and Governance: some notes from Brazil","authors":"José Querino Tavares Neto, C. M. Barbosa","doi":"10.5007/2177-7055.2016V37N72P41","DOIUrl":"https://doi.org/10.5007/2177-7055.2016V37N72P41","url":null,"abstract":"Social rights have a collective dimension that arises especially when they become object of public policies, so their efficacy depends on the enlargement of deliberative spaces within the civil society. Although the legitimacy of the adjucation process depends on the juridical order providing spaces to guarantee that divergent interests will be represented, this is still difficult in the judiciary. Public hearings and amicus curiae can bring together \"new actors\", such as NGO's and social movements to the judicial field, so they could become more able to resist to the domination process denounced by Bourdieu, leading to democratization of the judiciary.","PeriodicalId":30170,"journal":{"name":"Sequencia Estudos Juridicos e Politicos","volume":"37 1","pages":"41-66"},"PeriodicalIF":0.0,"publicationDate":"2016-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5007/2177-7055.2016V37N72P41","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70551755","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-04-26DOI: 10.5007/2177-7055.2016V37N72P67
Clèmerson Merlin Clève, B. Lorenzetto
This article talks about the constitutional interpretation from the perspective of two normative theories of jurisdiction: on one hand, Ronald Dworkin's law as integrity; on the other, William Eskridge's dynamic statutory interpretation. The theories are presented as indications for the debate about who has the best conditions to make decisions on hard cases. Therefore, the article points out some changes that occurred lately on the constitutional jurisdiction, presents key aspects of the theories in focus and outlines commonalities and differences between the dynamic statutory interpretation and the theory of law as integrity.
{"title":"Interpretação Constitucional: entre dinâmica e integridade","authors":"Clèmerson Merlin Clève, B. Lorenzetto","doi":"10.5007/2177-7055.2016V37N72P67","DOIUrl":"https://doi.org/10.5007/2177-7055.2016V37N72P67","url":null,"abstract":"This article talks about the constitutional interpretation from the perspective of two normative theories of jurisdiction: on one hand, Ronald Dworkin's law as integrity; on the other, William Eskridge's dynamic statutory interpretation. The theories are presented as indications for the debate about who has the best conditions to make decisions on hard cases. Therefore, the article points out some changes that occurred lately on the constitutional jurisdiction, presents key aspects of the theories in focus and outlines commonalities and differences between the dynamic statutory interpretation and the theory of law as integrity.","PeriodicalId":30170,"journal":{"name":"Sequencia Estudos Juridicos e Politicos","volume":"37 1","pages":"67-92"},"PeriodicalIF":0.0,"publicationDate":"2016-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5007/2177-7055.2016V37N72P67","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70551767","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-04-26DOI: 10.5007/2177-7055.2016V37N72P217
Letícia Albuquerque, F. Medeiros
The recognition of animal rights is an ongoing process. The Brazilian Federal Constitution prohibits cruel practices against non-human animals. However, it has become a common business practice the rental of dogs for asset security. Renting watchdogs offends the principle of the dignity of life. The animals were kept in degrading situation. Different actors were protagonists of the movement to protect watchdogs and joined each other in the fight to ban the rental of guard dogs for property security. The issue mobilized society through a social network, the basic emergency action packed emotions, empathy, and processes of political tolerance and of reciprocity.
{"title":"Proteção Jurídica dos Cães de Guarda no Sul do Brasil: uma questão de empatia nascida nos Movimentos de Proteção do Animal não Humano","authors":"Letícia Albuquerque, F. Medeiros","doi":"10.5007/2177-7055.2016V37N72P217","DOIUrl":"https://doi.org/10.5007/2177-7055.2016V37N72P217","url":null,"abstract":"The recognition of animal rights is an ongoing process. The Brazilian Federal Constitution prohibits cruel practices against non-human animals. However, it has become a common business practice the rental of dogs for asset security. Renting watchdogs offends the principle of the dignity of life. The animals were kept in degrading situation. Different actors were protagonists of the movement to protect watchdogs and joined each other in the fight to ban the rental of guard dogs for property security. The issue mobilized society through a social network, the basic emergency action packed emotions, empathy, and processes of political tolerance and of reciprocity.","PeriodicalId":30170,"journal":{"name":"Sequencia Estudos Juridicos e Politicos","volume":"37 1","pages":"217-242"},"PeriodicalIF":0.0,"publicationDate":"2016-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5007/2177-7055.2016V37N72P217","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70552220","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-04-26DOI: 10.5007/2177-7055.2016V37N72P19
Rachel Nussbaum Wichert, M. Nussbaum
Whales, among our planet's most majestic, mysterious, powerful, and intelligent beings, are profoundly endangered. International law has for some time attempted to protect them from extinction. Our paper addresses the legal status of whales and argues that they should be regarded as creatures with rights, not simply as commodities. Currently, international law does not recognize whales as creatures with rights. International organizations, particularly the International Whaling Commission (IWC) and its founding document, the International Convention for the Regulation of Whaling (ICRW), have focused on the issue of overfishing and have allowed exceptions to usual standards based both on the alleged needs of scientific research (in the case of Japan) and on the alleged claims of culture (in the case of aboriginal groups in the Arctic).
{"title":"The Legal Status of Whales: capabilities, entitlements and culture","authors":"Rachel Nussbaum Wichert, M. Nussbaum","doi":"10.5007/2177-7055.2016V37N72P19","DOIUrl":"https://doi.org/10.5007/2177-7055.2016V37N72P19","url":null,"abstract":"Whales, among our planet's most majestic, mysterious, powerful, and intelligent beings, are profoundly endangered. International law has for some time attempted to protect them from extinction. Our paper addresses the legal status of whales and argues that they should be regarded as creatures with rights, not simply as commodities. Currently, international law does not recognize whales as creatures with rights. International organizations, particularly the International Whaling Commission (IWC) and its founding document, the International Convention for the Regulation of Whaling (ICRW), have focused on the issue of overfishing and have allowed exceptions to usual standards based both on the alleged needs of scientific research (in the case of Japan) and on the alleged claims of culture (in the case of aboriginal groups in the Arctic).","PeriodicalId":30170,"journal":{"name":"Sequencia Estudos Juridicos e Politicos","volume":"37 1","pages":"19-40"},"PeriodicalIF":0.0,"publicationDate":"2016-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5007/2177-7055.2016V37N72P19","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70552159","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-04-26DOI: 10.5007/2177-7055.2016V37N72P93
S. Cademartori, José Alberto Antunes de Miranda
The rules explicitly aimed to guide the external relations of a country established principles of the state action, regulating the procedures and institutional responsibilities of the different actors, organizations and public authorities involved in the issue. Constitutional Law studies have Constitutionalism as a linear evolution process, this same evolution is not always found in third world countries, as is the case of Latin America. The relationship between the New Latin American Constitutionalism and democracy appears in the center of academic debates raising the central question of the extent to which popular sovereignty may exhaust all his legitimacy power of exercise in a constitutional text. The formulation process of external relations has changed, with more and more groups within the Latin American society pushing for representation of their interests. The Ministries of Foreign Affairs remain refractory to these influences, but social movements seek alliances with state sectors that want more space on the diplomatic agenda.
{"title":"Democracia, Constituição e Relações Exteriores: o papel do Direito e da Cidadania no Contexto do Novo Constitucionalismo Latino Americano","authors":"S. Cademartori, José Alberto Antunes de Miranda","doi":"10.5007/2177-7055.2016V37N72P93","DOIUrl":"https://doi.org/10.5007/2177-7055.2016V37N72P93","url":null,"abstract":"The rules explicitly aimed to guide the external relations of a country established principles of the state action, regulating the procedures and institutional responsibilities of the different actors, organizations and public authorities involved in the issue. Constitutional Law studies have Constitutionalism as a linear evolution process, this same evolution is not always found in third world countries, as is the case of Latin America. The relationship between the New Latin American Constitutionalism and democracy appears in the center of academic debates raising the central question of the extent to which popular sovereignty may exhaust all his legitimacy power of exercise in a constitutional text. The formulation process of external relations has changed, with more and more groups within the Latin American society pushing for representation of their interests. The Ministries of Foreign Affairs remain refractory to these influences, but social movements seek alliances with state sectors that want more space on the diplomatic agenda.","PeriodicalId":30170,"journal":{"name":"Sequencia Estudos Juridicos e Politicos","volume":"9 1","pages":"93-124"},"PeriodicalIF":0.0,"publicationDate":"2016-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.5007/2177-7055.2016V37N72P93","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70551803","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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