Panel Remarks: Canada, United States and European Union -- Out of Sync on Trade Agreements? Or Are We Sympatico?

The article offers on panel discussion regarding the cooperation of the U.S. and Canada on free trade issues and trade agreements; the expiration of the Softwood Lumber Agreement (SLA); and the status of the Trans-Pacific Partnership (TPP) in the U.S. Congress. Topics discussed include impact of interest rates on investment and economic activity, balancing effect of greater capital inflows that comes with trade deficits and concerns over the investor-state dispute settlement

Panel Remarks: Canada, United States and European Union -- Out of Sync on Trade Agreements? Or Are We Sympatico?

The article offers on panel discussion regarding the cooperation of the U.S. and Canada on free trade issues and trade agreements; the expiration of the Softwood Lumber Agreement (SLA); and the status of the Trans-Pacific Partnership (TPP) in the U.S. Congress. Topics discussed include impact of interest rates on investment and economic activity, balancing effect of greater capital inflows that comes with trade deficits and concerns over the investor-state dispute settlement

Brincar a sério

A comunicação insere-se no âmbito da Educação Infantil e pretende sensibilizar os educadores e os pais para a importância do brincar e das brincadeiras para o papel na promoção de atividades diversificadas e estimulantes que promovam o desenvolvimento emocional, cognitivo, físico e social da criança até aos seis anos. Vários autores destacam que a brincadeira não é uma atividade inata, mas sim o resultado de relações sociais e de condições concretas de vida; a partir delas, a criança, emerge como sujeito lúdico, sendo que a mediação tem um papel fundamental nesse processo. Com o objetivo de analisarmos a importância do brincar aplicámos um questionário a 942 crianças de 5 anos que frequentam as escolas João de Deus, por forma a conhecermos como brincam e quais as suas brincadeiras para que no seu dia a dia se possam desenvolver de forma integrada. Os resultados sugerem que as brincadeiras das crianças podem ser melhores e mais diversificadas quer em casa quer na escola e que devemos ajudar os educadores e os pais a apreciarem e a perceberem as dificuldades e tarefas que estão presentes em cada fase de desenvolvimento pois, o seu papel é fundamental se não for demais

The Reality of EU-Conformity Review in France

French High Courts embraced review of national legislation for conformity with EU law in different stages and following distinct approaches to EU law supremacy. This article tests whether adherence to different views on EU law supremacy has resulted in different levels of EU directive enforcement by the French High Courts. After introducing the complex French systems of statutory, treaty and constitutional review, this study explains how EU-conformity review emerged among these systems and provides an empirical analysis refuting the anecdotal view that different EU supremacy theories produce substantial differences in conformity adjudication outcomes. These Courts\u27 uniformly high rates of EU directive enforcement and similar willingness to refer questions to the ECJ for preliminary rulings demonstrate that, despite adopting dissimilar approaches to the supremacy of Communitarian law, French judges have flourished as Communitarian law judges. The article concludes by presenting an explanation for this high degree of convergence: French judges, responding to growing European integration and enabled by a changing constitutional landscape, adjusted their views to ensure they would have a role in molding the integration of national and EU law

Alternative Methods of Appellate Review in Trade Remedy Cases: Examining Results of U.S. Judicial and NAFTA Binational Review of U.S. Agency Decisions from 1989 to 2005

When the United States and Canada agreed to replace U.S. judicial review of trade-remedy cases with a new dispute mechanism under Chapter 19 of the Canada-United States Free Trade Agreement (now the North American Free Trade Agreement), the U.S. Congress and trade negotiators expected that the new dispute settlement panels would apply U.S. law and the standard of review in the same manner as U.S. courts. This requirement was embodied in the text of the agreement and has at least nominally been applied by Chapter 19 panels ever since. Empirical analysis of seventeen years of decisions now allows a conclusion with a high degree of confidence that this has not been the case. Chapter 19 panels are far more likely than U.S. courts to overturn U.S. agency decisions. Not only that, but Chapter 19 panels have produced outcomes more favorable to Canadian importers than have U.S. courts. This outcome illustrates that the facial legal terms of an international agreement may give a misleading impression of how it will actually be implemented, and suggests that greater attention must be paid to how it will be interpreted and by whom

Alterações no processamento de recursos

- Disponível também na Revista dos Tribunais: RT, São Paulo, v. 88, n. 764, p. 75-87, jun. 1999.Comenta as alterações ocorridas na Lei n° 9.756, de 17 de dezembro de 1998, referente ao processamento de recursos no âmbito dos tribunais. Enfoca a análise da efetividade do novo sistema recursal

A Theory of WTO Adjudication: From Empirical Analysis to Biased Rule Development

The positive theory of litigation predicts that, under certain conditions, plaintiffs and defendants achieve an unremarkable and roughly equivalent share of litigation success. This Article, grounded in an empirical analysis of WTO adjudication from 1995 through 2007, reveals a high disparity between Complainant and Respondent success rates: Complainants win roughly ninety percent of the disputes. This disparity transcends Case Type, Party Identity, Income Level, and other litigant-specific characteristics. After analyzing and discarding standard empirical and theoretical alternative explanations for the systematic disparity in success rates, this study demonstrates, through an examination of patterns in WTO adjudicators\u27 notorious decisions, that biased rule development explains this disparity. This Article then discusses the effect of biased rule development on perceptions of the WTO dispute settlement system\u27s democratic legitimacy and legality

The Dynamics and Global Implications of Subglobal Carbon-Restricting Regimes

The European Union and Australia have enacted comprehensive carbon-restricting reforms that will affect both domestic and foreign industries. After describing these reforms in detail, the article develops a microeconomic analytical model that explains the impact these regimes have on the dynamics of inter-firm competition in carbon-restricting nations and how they will also influence technology choices by certain industries in carbon-friendly nations. Specifically, exporters and producers operating in vertically-integrated industries in carbon-friendly nations will increasingly elect carbon-efficient technologies to minimize costs as they adjust to a changing international regulatory environment. The article hypothesizes that this shift in the carbon intensity of production will cause these industries to form coalitions with other pro-environment groups to pressure national governments for legislative and global carbon-restricting reforms that reduce carbon leakage and losses from trading with industries in carbon-laggard nations. Because these cumulative developments will eventually lead to a binding global emissions-stabilizing agreement, pursuant to which border measures will be taken, the article offers a few suggestions for reducing potential conflicts between the trade and climate change regimes

A Brief History of Brazilian Biofuels Legislation

Due to concerns with global climate change, Brazil\u27s long and diversified experience with biofuels has captured the attention of policymakers worldwide. Yet, little is known about the history and scale of the Brazilian biofuels program in the United States. This comment provides an introduction to the history of Brazil\u27s biofuels program and refers to the basic statutes that set it in place. Due to the unavailability of these enactments in English, an appendix provides the relevant portions of these statutes both in Portuguese and in the author\u27s English translation