Resumo: A compreensão dos problemas ambientais internacionais exige a consideração do Direito Int... more Resumo: A compreensão dos problemas ambientais internacionais exige a consideração do Direito Internacional Ambiental como um sistema com-plexo, isto é, como sistema no qual a interação entre atores e processos, no tempo e no espaço, apresenta diversidade e dinâmica próprios. Com a aproximação dos elementos marcantes do Direito Internacional Ambiental e da abordagem complexa, ressalta-se a necessidade de sua compreensão e interpretação de forma não reducionista e linear, com a possibilidade de ganhos mediante a utilização de metodologias e ferramentas associadas a tais sistemas. Para tanto, o trabalho foi desenvolvido em duas partes prin-cipais. A primeira visa a assentar conceitos básicos da teoria dos sistemas complexos, de modo a possibilitar uma melhor análise das questões a se-rem tratadas envolvendo o Direito Internacional Ambiental. São apresen-tadas as principais características, metodologias de análise e suas possíveis aplicações no campo do Direito. Na segunda parte, a pesquisa volta-se ao Direito Internacional Ambiental, com foco no cenário de seu surgimento e sua consolidação, bem como na complexidade de seus atores, processos normativos, espaço e tempo. É nesse cenário que reside a relevância do tema e a originalidade do trabalho que, apesar de teórico, tem a pretensão
Intellectual property has become one of the most important subjects in international economic law... more Intellectual property has become one of the most important subjects in international economic law and multilateral negotiations. The main forum is the World Trade Organization. United States, Japan, United Kingdom, Germany, France and Netherlands are the most innovators on technology. They push the world intellectual property law into a rigid system. Thus, they make difficult for others countries, able to
ABSTRACT International law is increasingly created not just by states but by infra-state and even... more ABSTRACT International law is increasingly created not just by states but by infra-state and even non-state actors: networks of judges, public agents, companies, and NGOs. Can these various legal manifestations be considered new sources of international law? They certainly contribute to the complexity of contemporary international law. Here, I examine the dialogic processes occurring among national, foreign, and transnational actors that establish similar normative orders in multiple territories, even in less territorialized situations, through four topics in the internationalization of law: (1) the construction of a common, globally applied legal grammar; (2) the confluence of norms, especially at the constitutional level, and the approximation of domestic legal orders, with the emergence of common solutions to similar problems; (3) the cross-fertilization among judges and the influence of legal reasoning from other jurisdictions; and (4) the development of global legal solutions by private or international networks through mutually adopted norms, and conventions, such as global administrative law.
... Khairul Adib, AR, 2003. ABS Policy: from a Malaysian Perspective. Paper presented at JBA-UNU ... more ... Khairul Adib, AR, 2003. ABS Policy: from a Malaysian Perspective. Paper presented at JBA-UNU International Symposium on Commercial Prospects of Access to and Benefit-sharing of Genetic Resources, 30 September 2003, United Nations University, Tokyo (Abstract). ...
ABSTRACT Non-governmental organizations (NGOs) play an essential role in promoting sustainable de... more ABSTRACT Non-governmental organizations (NGOs) play an essential role in promoting sustainable development. They are decisive actors in the formation of international law, sometimes even more than some states, so their actions must be described to understand the international legal-political arena. NGOs have become real actors in international law in proposing and negotiating new standards, such as the implementation and control of international environmental law. While such participation is sometimes visible, in most cases it is difficult to identify, especially in regard to the creation of law. The role of NGOs is based mainly on cooperation with states, businesses, and other NGOs, but also on confrontation.As for the control of standards, on the national level, access to justice is always blocked by the non-recognition of the legitimacy of acting, both in Europe and in the United States, and the lack of information on environmental issues. The role of NGOs exists and is possible in both the countries of the South and those of the North, and some countries of the South, like Brazil, have no equivalent rules in other countries to promote access to justice for these NGOs. Thus, the independent evolution of the environmental movement in the South and in the North gave rise to distinct realities in these countries. Internationally, acceptance by international organizations is not homogeneous: the International Court of Justice shows itself to be more closed, while the WTO is beginning to open itself, if only offering restrictive rules of participation; and NAFTA lies between the agencies studied, more open to the participation of NGOs. NGOs of the South, like those of the North, also contribute to reducing the growth of inequalities between the North and South, promoting development programs, whether funded by states or not, technology transfer, and the reduction of domestic inequalities in different countries. They participate, thus, in promoting values of international environmental law, such as sustainable development and risk control activities. These actions in the courts or elsewhere are directed against companies or governments. The actions of NGOs against companies touch on several areas, but in the case of biotechnology their intervention is most striking, in the late 90s and at the beginning of the 21st century.To study the importance of NGOs, this paper has three parts. First, it presents multiple definitions of NGOs. In part 2, it examines whether NGOs are truly important and active actors in international environmental law, especially in cooperation with states. In part 4, we will show how they contribute to the construction of international environmental law in opposition to states.
Page 1. The WTO, Intellectual Property and AIDS Case Studiesjom Brazil and South Africa Marcel0 D... more Page 1. The WTO, Intellectual Property and AIDS Case Studiesjom Brazil and South Africa Marcel0 Dias VARELLA* The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) establishes minimum norms for the protection of intellectual property rights. ...
This article analyses the legal and political consequences of the interdiction imports of tyres b... more This article analyses the legal and political consequences of the interdiction imports of tyres by the Brazil itself, the Mercosur and the World Trade Organisation. Domestic and international decisions are examined in the perspective of the process of globalization of the law and of the resulting disjunction between the domestic and international orders.
Journal of International Trade Law and Policy, 2009
Purpose The purpose of this paper is to analyse the performance of the Dispute Settlement Body ... more Purpose The purpose of this paper is to analyse the performance of the Dispute Settlement Body (DSB) of World Trade Organization (WTO) performance, between 1995 and 2007, as well as to discuss the main proposals for its improvement. Design/methodology/approach First ...
Resumo: A compreensão dos problemas ambientais internacionais exige a consideração do Direito Int... more Resumo: A compreensão dos problemas ambientais internacionais exige a consideração do Direito Internacional Ambiental como um sistema com-plexo, isto é, como sistema no qual a interação entre atores e processos, no tempo e no espaço, apresenta diversidade e dinâmica próprios. Com a aproximação dos elementos marcantes do Direito Internacional Ambiental e da abordagem complexa, ressalta-se a necessidade de sua compreensão e interpretação de forma não reducionista e linear, com a possibilidade de ganhos mediante a utilização de metodologias e ferramentas associadas a tais sistemas. Para tanto, o trabalho foi desenvolvido em duas partes prin-cipais. A primeira visa a assentar conceitos básicos da teoria dos sistemas complexos, de modo a possibilitar uma melhor análise das questões a se-rem tratadas envolvendo o Direito Internacional Ambiental. São apresen-tadas as principais características, metodologias de análise e suas possíveis aplicações no campo do Direito. Na segunda parte, a pesquisa volta-se ao Direito Internacional Ambiental, com foco no cenário de seu surgimento e sua consolidação, bem como na complexidade de seus atores, processos normativos, espaço e tempo. É nesse cenário que reside a relevância do tema e a originalidade do trabalho que, apesar de teórico, tem a pretensão
Intellectual property has become one of the most important subjects in international economic law... more Intellectual property has become one of the most important subjects in international economic law and multilateral negotiations. The main forum is the World Trade Organization. United States, Japan, United Kingdom, Germany, France and Netherlands are the most innovators on technology. They push the world intellectual property law into a rigid system. Thus, they make difficult for others countries, able to
ABSTRACT International law is increasingly created not just by states but by infra-state and even... more ABSTRACT International law is increasingly created not just by states but by infra-state and even non-state actors: networks of judges, public agents, companies, and NGOs. Can these various legal manifestations be considered new sources of international law? They certainly contribute to the complexity of contemporary international law. Here, I examine the dialogic processes occurring among national, foreign, and transnational actors that establish similar normative orders in multiple territories, even in less territorialized situations, through four topics in the internationalization of law: (1) the construction of a common, globally applied legal grammar; (2) the confluence of norms, especially at the constitutional level, and the approximation of domestic legal orders, with the emergence of common solutions to similar problems; (3) the cross-fertilization among judges and the influence of legal reasoning from other jurisdictions; and (4) the development of global legal solutions by private or international networks through mutually adopted norms, and conventions, such as global administrative law.
... Khairul Adib, AR, 2003. ABS Policy: from a Malaysian Perspective. Paper presented at JBA-UNU ... more ... Khairul Adib, AR, 2003. ABS Policy: from a Malaysian Perspective. Paper presented at JBA-UNU International Symposium on Commercial Prospects of Access to and Benefit-sharing of Genetic Resources, 30 September 2003, United Nations University, Tokyo (Abstract). ...
ABSTRACT Non-governmental organizations (NGOs) play an essential role in promoting sustainable de... more ABSTRACT Non-governmental organizations (NGOs) play an essential role in promoting sustainable development. They are decisive actors in the formation of international law, sometimes even more than some states, so their actions must be described to understand the international legal-political arena. NGOs have become real actors in international law in proposing and negotiating new standards, such as the implementation and control of international environmental law. While such participation is sometimes visible, in most cases it is difficult to identify, especially in regard to the creation of law. The role of NGOs is based mainly on cooperation with states, businesses, and other NGOs, but also on confrontation.As for the control of standards, on the national level, access to justice is always blocked by the non-recognition of the legitimacy of acting, both in Europe and in the United States, and the lack of information on environmental issues. The role of NGOs exists and is possible in both the countries of the South and those of the North, and some countries of the South, like Brazil, have no equivalent rules in other countries to promote access to justice for these NGOs. Thus, the independent evolution of the environmental movement in the South and in the North gave rise to distinct realities in these countries. Internationally, acceptance by international organizations is not homogeneous: the International Court of Justice shows itself to be more closed, while the WTO is beginning to open itself, if only offering restrictive rules of participation; and NAFTA lies between the agencies studied, more open to the participation of NGOs. NGOs of the South, like those of the North, also contribute to reducing the growth of inequalities between the North and South, promoting development programs, whether funded by states or not, technology transfer, and the reduction of domestic inequalities in different countries. They participate, thus, in promoting values of international environmental law, such as sustainable development and risk control activities. These actions in the courts or elsewhere are directed against companies or governments. The actions of NGOs against companies touch on several areas, but in the case of biotechnology their intervention is most striking, in the late 90s and at the beginning of the 21st century.To study the importance of NGOs, this paper has three parts. First, it presents multiple definitions of NGOs. In part 2, it examines whether NGOs are truly important and active actors in international environmental law, especially in cooperation with states. In part 4, we will show how they contribute to the construction of international environmental law in opposition to states.
Page 1. The WTO, Intellectual Property and AIDS Case Studiesjom Brazil and South Africa Marcel0 D... more Page 1. The WTO, Intellectual Property and AIDS Case Studiesjom Brazil and South Africa Marcel0 Dias VARELLA* The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) establishes minimum norms for the protection of intellectual property rights. ...
This article analyses the legal and political consequences of the interdiction imports of tyres b... more This article analyses the legal and political consequences of the interdiction imports of tyres by the Brazil itself, the Mercosur and the World Trade Organisation. Domestic and international decisions are examined in the perspective of the process of globalization of the law and of the resulting disjunction between the domestic and international orders.
Journal of International Trade Law and Policy, 2009
Purpose The purpose of this paper is to analyse the performance of the Dispute Settlement Body ... more Purpose The purpose of this paper is to analyse the performance of the Dispute Settlement Body (DSB) of World Trade Organization (WTO) performance, between 1995 and 2007, as well as to discuss the main proposals for its improvement. Design/methodology/approach First ...
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