RESPONSABILIDADE AMBIENTAL DA PESQUISA MINERAL COM FINS ACADÊMICOS E CIENTÍFICOS

2020 ◽  
Vol 7 (2020) (2) ◽  
pp. 1-11
Author(s):  
Milson Xavier ◽  

he Coronavirus pandemic that spread around the world in the first half of 2020 brought impacts to society that will be registered for an extended period. In this paper, the effects showed an impossibility to maintain the progress of mineral research made by professionals in the academic and scientific areas. In an attempt to find justifications in the legal order of the mineral industry, to continue the work, it was faced with imposing environmental legislation that made a claim even more difficult. It was found that the Mining Code in place no longer regulates the activities of extraction of mineral specimens for museums, educational establishments and other scientific purposes. This left the legal security tied only to the interpretation of legal provisions in articles of the code and its regulation, as well as procedure manuals for environmental inspection bodies, and therefore, subject to the consequences of legal disputes with final decisions in higher courts, given the claim of superiority of the environmental issue over mining. Keywords: Coronavirus, pandemic, environmental legislation, mining code

2019 ◽  
Vol 63 (1) ◽  
pp. 39-49
Author(s):  
Philip Harrison

Abstract The bulk of the scholarly literature on city-regions and their governance is drawn from contexts where economic and political systems have been stable over an extended period. However, many parts of the world, including all countries in the BRICS, have experienced far-reaching national transformations in the recent past in economic and/or political systems. The national transitions are complex, with a mix of continuity and rupture, while their translation into the scale of the city-region is often indirect. But, these transitions have been significant for the city-region, providing a period of opportunity and institutional fluidity. Studies of the BRICS show that outcomes of transitions are varied but that there are junctures of productive comparison including the ways in which the nature of the transitions create new path dependencies, and way in which interests across territorial scales soon consolidate, producing new rigidities in city-region governance.


Author(s):  
Alec Stone Sweet ◽  
Clare Ryan

The book provides an introduction to Kantian constitutional theory and the European system of rights protection. Part I sets out Kant’s blueprint for achieving Perpetual Peace and constitutional justice within and beyond the nation state. Part II applies these ideas to explain the gradual constitutionalization of a Cosmopolitan Legal Order: a transnational legal system in which justiciable rights are held by individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of their jurisdiction; and where domestic and transnational judges supervise how officials act. The authors then describe and assess the European Court’s progressivie approach to both the absolute and qualified rights. Today, the Court is the most active and important rights-protecting court in the world, its jurisprudence a catalyst for the construction of a cosmopolitan constitution in Europe and beyond.


2020 ◽  
Vol 9 (3) ◽  
pp. 523-530
Author(s):  
CLAUDIO CORRADETTI

AbstractIn this contribution I provide an interpretation of Stone Sweet’s and Ryan’s cosmopolitan legal order in conjunction with a certain reconstruction of the Kantian cosmopolitan rationale. Accordingly, I draw attention to the connection between the notion of a general (cosmopolitan) will in Kant’s reinterpretation of Rousseau and the role of the European Court of Human Rights (ECtHR) as an ‘interpreter’ of such will. I conclude by suggesting that the opportunity of extending the CLO also accounts for a variety of other poliarchical regimes that, taken as a whole, illustrate the landscapes of contemporary global constitutionalism.


2020 ◽  
pp. 096366252097601
Author(s):  
Nicole Kay ◽  
Sandrine Gaymard

Climate change is a global environmental issue and its outcome will affect societies around the world. In recent years, we have seen a growing literature on media coverage of climate change, but, to date, no study has assessed the situation in Cameroon, although it is considered to be one of the world’s most affected and vulnerable regions. This study attempted to address this deficit by analysing how climate change is represented in the Cameroonian media. A similarity analysis was performed on three newspapers published in 2013–2016. Results showed that climate coverage focused on politics and international involvement. It seems disconnected from local realities, potentially opening up a spatial and social psychological distance. The relationship between the representation of climate change and that of poverty is an area for further exploration.


Author(s):  
Vladimir S. Luzan ◽  
Alexandra A. Sitnikova ◽  
Anastasia V. Kistova ◽  
Antonina I. Fil’ko ◽  
Julia S. Zamaraeva ◽  
...  

The article is devoted to the study of the concept of the mammoth in regulatory documents and cultural practices. The analysis of both Russian and international experience allowed to generalise the existing legal provisions regarding the regulation of mammoths, as well as to determine the role of mammoths in the world and Russian culture, including the culture of the indigenous peoples of the North, Siberia and the Far East. The methodological basis of the study is represented by the comparative analysis of sources and materials, historical-comparative and chronological methods, the historiographic method, as well as methods of philosophical and art history analysis. The study revealed the fact that in the field of legislation and legal regulation of extraction and sale of mammoth ivory in the world, the issue of the status of mammoths is raised only in connection with a discussion of the survival of rare species of elephants. Measures to prevent extermination of elephant population, encompassing a ban on trade, including trade of mammoth ivory, cause heated discussions and are controversial for craftsmen, antique dealers and art collectors. The issue of legal regulation in this area is particularly acute for the Russian Federation, due to the lack of a finalised legal and regulatory framework, both at the federal, regional and municipal levels. The image of the mammoth in the world and Russian culture is embodied in a number of visual practices. These are heraldry, animation, book graphics, sculpture and fine art. Sign and symbolic forms of the mammoth embody religious and mythological characteristics of the animal, demonstrating its significance in people’s worldview, as well as indicating of the “living” memory of it in the modern world


Author(s):  
Narinder Kumar Bhasin ◽  
Kamal Gulati

Fintech/TechFin/financial and banking sector achieved the new digital disruptions and transformation milestones in India, underlining the various opportunities in the last year, 2020, when the world was struggling with the COVID-19 pandemic, an extended period of lockdown, job loss, and unemployment. India has emerged as the fastest-growing second largest leading fintech hub in the world after the United States. This chapter will explain the various challenges faced in the year 2020 and opportunities for fintech in 2021. The chapter also explains the emerging technology trends and growth of finechs in India during the COVID pandemic.


Author(s):  
Charlesworth Hilary

This chapter offers an account of Australia's engagement with the international legal order, through different aspects of the relationship: designing international institutions, litigating in the World Court, and implementing international standards. These are only fragments of the full picture, but they illustrate both Australia's embrace of and distancing from the international legal order. Australia's relationship with the international legal order overall is marked by a deep strand of ambivalence. It has played both the part of a good international citizen as well as that of an international exceptionalist. In some fields, Australia has engaged creatively in international institution-building, even if with a wary eye to protect certain Australian interests. In other areas, particularly human rights, the relationship is distinctly uneasy, with Australia appearing to believe that international standards should regulate others and that it is somehow above scrutiny.


2019 ◽  
pp. 121-154
Author(s):  
David Feldman

Municipal public law (by which is meant the public law of national or sub-national polities, including but not limited to local government) is always influenced by events taking place elsewhere in the world and the activities and norms of other polities. For example, the existence of a state depends at least partly on its recognition by other states, and political theories and legal ideas have always flowed across and between regions of the world even if they provoked opposition rather than adoption or adaptation. Yet despite, or perhaps because of, this, any state has good reasons for controlling the introduction of foreign legal and constitutional norms to its own legal order. It is important to check that the norms are compatible with one’s own national values and interests before allowing them to operate within one’s own system. A state which values a commitment to the rule of law, human rights, or democratic accountability is entitled to place national controls over potentially disruptive foreign influences. This chapter considers the nature and legitimacy of those national controls, particularly as they apply in the UK, in the light of general public law standards, bearing in mind that influences operate in both directions, not only between states but also between municipal legal standards and public international law.


Author(s):  
Louis René Beres

In principle, at least, Israeli Prime Minister Benjamin Netanyahu has made his country’s acceptance of Palestinian statehood contingent upon prior Palestinian “demilitarization.” This expressed contingency, however, is potentially contrary to pertinent international law, especially those norms regarding any sovereign state’s peremptory rights to self-defense. It follows, as this article will clarify, that potentially a new Palestinian state could permissibly abrogate any pre-independence commitments it had once made to remain demilitarized, and that reciprocally Israel ought never base its related security expectations upon any such mutable diplomatic promises. Ultimately most important, as the article concludes, is that national leaders all over the world finally begin to take seriously the organic “oneness” of our world legal order, and accordingly look toward identifying some promisingly coherent replacements for our time-dishonored Realpolitik or “Westphalian” world system.


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