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Ihering Alcoforado

Environmental principles: from ... - Google Livros - 0 views

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    Environmental principles: from political slogans to legal rules Nicolas de Sadeleer 3 Resenhas Oxford University Press, 2002 - 433 páginas Environmental law has always responded to risks posed by industrial society but the new generation of risks have required a new set of environmental principles, emerging from a combination of public fears, science, ethics and established legal practice. This book shows how three of the most important principles of modern environmental law grew out of this new age of ecological risk: the polluter pays principle, the preventive principle and the precautionary principle. The author examines the legal force of these principles and in the process offers a novel theory of norm formation in environmental law by unearthing new grounds of legality.
Ihering Alcoforado

The precautionary principle and ... - Google Livros - 0 views

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    The precautionary principle and international law: the challenge of implementation David Freestone, Ellen Hey 0 Resenhas Kluwer Law International, 1996 - 274 páginas The precautionary concept has become intrinsic to international environmental policy, especially with the adoption, in 1992, of the Rio Declaration at UNCED. Principle 15 of that Declaration provides that:'In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. 'The challenge facing the international community is how to attain truly precautionary environmental policies. This challenge is one of changing perceptions as much as of changing institutions or technical mechanisms. It is a challenge to our way of viewing the world as much as to our views of the role of science, or the burden of proof. It also raises a question as to the role of legal and other regulatory instruments in implementing the precautionary principle. This question, however, lends itself to a multifaceted and multidisciplinary approach. It is in this context that the book develops a thematic rather than a sectoral (water, air, biodiversity, etc.) view of the topic and places the challenges faced by international law in a wider context.After an introduction to the origins and development of the precautionary principle, twelve chapters explore a selection of themes relevant to the implementation of the principle. Where the relationship between international, national and local policies is concerned, a new concept is introduced: glocalization . The book concludes with a synthesis of the opportunities for and constraints on the implementation of the precautionary principle, as identified by the various authors.
Ihering Alcoforado

Principles of emergency planning and ... - Google Livros - 0 views

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    Principles of emergency planning and management David E. Alexander 0 Resenhas Oxford University Press US, 2002 - 340 páginas As interest in planning for emergencies and disasters burgeons, and educational and training programs proliferate, Principles of emergency planning and management is the first book to meet the need for a concise yet comprehensive and systematic primer on how to prepare for a disaster. Providing readers with a comprehensive, systematic, yet concise introduction to effective preparation for disasters, it provides a unified starting point encompassing the scattered and parochial literature in this nascent field of academic enquiry and practical endeavor. The book provides a general introduction to the methods, procedures, protocols and strategies of emergency planning, with emphasis on situations in industrialized countries and the local level of organization (i.e. cities, municipalities, metropolitan areas and small regions), though with ample reference to national and international levels. Rather than concentrating on the practices of any one country or state, the author focuses on general principles. Principles of emergency planning and management is designed to be a reference source and manual from which emergency managers can extract ideas, suggestions and pro-forma methodologies to help them design and implement emergency plans. A comprehensive all-hazards approach is adopted, with frequent reference to the most important individual hazards and the planning and management needs that they create. Twelve examples of actual emergency planning and management problems are analyzed in detail. Principles of emergency planning and management is written especially for the new generation of emergency planners and managers that is emerging as a result of intensified governmental interest in disaster preparedness. Many of them will occupy positions in government or other organizations that require emergency plans. The book will also be of value to
Ihering Alcoforado

Evolution and status of the ... - Google Livros - 0 views

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    Evolution and status of the precautionary principle in international law, Volume 62 Arie Trouwborst 0 Resenhas Kluwer Law International, 2002 - 378 páginas The controversial question of whether or not at present the precautionary principle is to be considered a norm of customary international law is the key theme of this work, which treats the issue as part of a broader discussion of the principle's legal status on the international plane. This discussion, in turn, is put in perspective by an account of the short but remarkable history of the principle in international environmental law and policy. The greater part of this study consists of the mapping and analysis of state practice in respect of the precautionary principle. Pertinent treaties, declarations, decisions of international organizations and domestic instruments pass in review. The book then applies the generally accepted principles governing the formation of customary international law to this body of state practice. Relevant international judicial decisions and the opinions of scholars are treated as well. Two extensive annexes are added, reproducing provisions of international legalinstruments that make reference to the principle. This manuscript was awarded the Franois Prize 2001 by the Netherlands Society of International Law/Netherlands Branch of the ILA.
Ihering Alcoforado

The precautionary principle in the ... - Google Livros - 0 views

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    The precautionary principle in the law of the sea: modern decision making in international law Simon Marr 1 Resenha Martinus Nijhoff Publishers, 2003 - 253 páginas The content and status of the precautionary principle remains highly debated and various questions arise, such as its status as a rule of customary international law, including its scope, addressee, triggering threshold, precautionary action measures, and eventually limits of the principle. Thus, this book examines the present state of affairs regarding the implementation of the principle in the law of the sea in different sectors, e.g. pollution of the marine environment, conservation and management of living marine resources, and transboundary transports of radioactive and hazardous wastes. In addition, it extracts evidence of its acceptance as part of customary international law, and indicates that below this level there is also an emerging practice of international law of applying the precautionary principle in a common way.
Ihering Alcoforado

Precautionary tools for reshaping ... - Google Livros - 0 views

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    Precautionary tools for reshaping environmental policy Nancy J. Myers, Carolyn Raffensperger 0 Resenhas MIT Press, 2006 - 339 páginas The precautionary principle calls for taking action against threatened harm to people and ecosystems even in the absence of full scientific certainty. The rationale is that modern technologies and human activities can inflict long-term, global-scale environmental damage and that conclusive scientific evidence of such damage may be available too late to avert it. The precautionary principle asks whether harm can be prevented instead of assessing degrees of "acceptable" risk. This book provides a toolkit for applying precautionary concepts to reshape environmental policies at all levels. Its compendium of regulatory options, detailed examples, wide-ranging case studies, and theoretical background provides both citizens and policymakers with the basis for acting on any issue in any situation-whether it's pesticide use at local schools or a new international regulatory system for chemicals. Precautionary Tools for Reshaping Environmental Policy describes the analytical and ethical bases of the precautionary principle as well as practical options for implementing it. It provides a "precautionary checklist" that can serve as a springboard for discussion and decisions. And it offers a variety of case studies that show the precautionary principle in action-from elk and cattle farming to marine fisheries, from the protection of indigenous cultures against bioprospecting to the restoration of the federal court system as a safety net for people harmed by products and chemicals. A hands-on interdisciplinary guide, the book demonstrates the advantages of a precautionary approach and addresses criticisms that have been leveled against it. For updates and more information on the precautionary principle at work, visit www.sehn.org/precaution.html by clicking on the link to the left.
Ihering Alcoforado

The precautionary principle in the ... - Google Livros - 0 views

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    The precautionary principle in the 20th century: late lessons from early warnings Poul Harremoës 5 Resenhas Earthscan, 2002 - 268 páginas The Precautionary Principle is widely seen as fundamental to successful policies for sustainability. It has been cited in international courts and trade disputes between the US and the EU, and invoked in an growing range of political debates. Understanding what it can and cannot achieve is therefore crucial. This volume looks back over the last century to examine the role the Principle played or could have played, in a range of major and avoidable public disasters. Among the studies it examines are: asbestos and asbestosis, BSE in cattle, CFCs and the depletion of stratospheric ozone, the pollution of the Great Lakes in America, the collapse of Atlantic fish stocks, PCBs, etc., for all of which there is good information on the science, the health and environmental impacts, and the costs and benefits. From detailed investigation of how each disaster unfolded, what the impacts were and what measures were adopted, the authors draw lessons and establish criteria that could help to minimize the health and environmental risks of future technological, economic and policy innovations. The result is an absorbing, informative and valuable book for all those from lawyers and policy-makers, to researchers and students needing to understand or apply the Principle.
Ihering Alcoforado

Implementing the precautionary ... - Google Livros - 0 views

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    Implementing the precautionary principle: perspectives and prospects Elizabeth Charlotte Fisher, Judith S. Jones, René von Schomberg 0 Resenhas Edward Elgar Publishing, 2006 - 336 páginas This challenging book takes a broad and thought-provoking look at the precautionary principle and its implementation, or potential implementation, in a number of fields. It first considers the challenges faced by public decision-making processes when applying the precautionary principle, including its role in risk management and risk assessment. Frameworks for improved decision-making are considered followed by a detailed analysis of prospective applications of the precautionary principle in a number of emerging fields, including nanotechnology, climate change, natural resource management and public health policy. The analysis is both coherent and interdisciplinary, employing perspectives from law, the social sciences and public policy with a view on improving both the democratic legitmacy and effectiveness of public policy at national and international levels.
Ihering Alcoforado

Responsibility and the Negligence Standard -- Raz 30 (1): 1 -- Oxford Journal of Legal ... - 1 views

  • I identify a sense of ‘responsibility’ by which X is responsible for ing iff X’s ing was related to his capacities of rational agency in an appropriate way. I argue that the Guidance Principle (roughly: we are responsible for actions guided by our powers of rational agency when they are performed for, what we believe to be, an adequate reason, and their performance is controlled and guided by our beliefs about what reasons we have) provides a sufficient condition for responsibility, but that responsibility for negligence shows that the Guidance Principle is not necessary for responsibility. Much of the article is devoted to an analysis of negligence, and the associated duties, distinguishing between them and strict liability on the one hand and from liability arising under the Guidance Principle on the other hand. The discussion of negligence leads to a new conception of responsibility, embodied in the Rational Functioning Principle, of which the Guidance Principle is an important, but not the only component. Roughly speaking it holds us (non-derivatively) responsible for conduct which is the result of the functioning, successful or failed, of our powers of rational agency
    • Ihering Alcoforado
       
      Uma das "vacas sagradas" do Direito contemporaneo debruça-se sobre a questão que mobiliza Rafael Sales e Juliana Guedes.  Vale ressaltar que a discussão da "negligência" (e a obrigação que lhe é associada) leva a uma nova concepção de responsabilidade vinculada ao Rational Functioning Principle, do qual o Guidance Principle (nós somos responsáveis por nossas ações guiaveis pelo nosso poder de agente racional) é um importante, mas não o único componente.
Ihering Alcoforado

The precautionary principle: a ... - Google Livros - 0 views

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    The precautionary principle: a critical appraisal of environmental risk assessment Indur M. Goklany 1 Resenha Cato Institute, 2001 - 119 páginas Goklany argues that selective application of this principle distorts the policy debate.    Adicionar à Minha biblioteca ▼ Ver uma prévia deste livro Obter este livro Cato Institute FNAC Livraria Cultura Livraria Nobel Livraria Saraiva Submarino   Encontrar em uma biblioteca Encontrar livrarias locais Todos os vendedores » What people are saying - Escrever resenha Opinião do Editor - Cahners Business Information (c) 2001 Until recently, both the American mindset and the American economy have been particularly insular. Larsson, a doctoral student and freelance writer, brings home the new world perspective in this highly personal book about the effects of globalization on large and small companies in various communities throughout the world. A Swede by birth, Larsson writes from the unusual perspective (for American readers) of firsthand experiences in Brazil, Hong Kong, and Thailand (he has a Thai wife). In this respect, his book has considerable value and makes a good companion to Thomas L. Friedman's recent overview of globalization, The Lexus and the Olive Tree (LJ 4/15/99). Larsson, who focuses on the more positive results of a global economy, provides a number of noteworthy comments on concepts such as "dumping" as it relates to prosperity, though he illustrates his points heavily with anecdotes rather than charts and figures. Libraries that specialize in economics may find this book of value. Steven Silkunas, Southeastern Pennsylvania Transportation Authority, Philadelphia
Ihering Alcoforado

Interpreting the precautionary principle - Google Livros - 0 views

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    Interpreting the precautionary principle Timothy O'Riordan, James Cameron 0 Resenhas Earthscan, 1994 - 315 páginas Leading experts analyze the fundamental concept and implications of the Precautionary Principle, on which environmental legislation and international conventions increasingly rely.
Ihering Alcoforado

Precaution, environmental science ... - Google Livros - 0 views

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    Precaution, environmental science, and preventive public policy Joel A. Tickner 0 Resenhas Island Press, 2003 - 406 páginas The "precautionary principle"-the idea that society should guard against potentially harmful activities even if some cause and effect relationships have not been fully established-has often been attacked for being unscientific. However leading scientists studying the issue have begun to make the case that the precautionary principle is in fact science based, and that it creates a need for more rigorous and transparent science in examining complex and uncertain environmental risks.Precaution, Environmental Science, and Preventive Public Policy is the first book to explore the role of science in developing a more precautionary approach to environmental and public health policy. The book brings together leading scientists, legal experts, philosophers, environmental health professionals, and environmentalists to offer a multi-disciplinary perspective on the controversial debate over science and precaution. The book:discusses the critical need for science in promoting sustainabilityoutlines the ethical imperative of a more precautionary science and the philosophical foundations of that new approachconsiders some of the ways in which the current conduct of environmental science works against precautionary policiesexamines how the role and use of science differs across cultures and political systemsprovides the components of an approach to environmental science that more effectively supports precautionary decisionsThe book also offers case studies that consider various types of uncertainty and sets forth a framework for evaluating and addressing uncertainty in decision-making.Contributors include Juan Almendares, Katherine Barrett, Kamaljit Bawa, Finn Bro-Rasmussen, Donald Brown, Theofanis Christoforou, Terry Collins, Barry Commoner, Carl Cranor, Stephen Dovers, David Gee, Elizabeth Guillette, Cato ten Hallers-Tjabbes, James Huff, Matthias Kais
Ihering Alcoforado

Rethinking risk and the ... - Google Livros - 0 views

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    Rethinking risk and the precautionary principle Julian Morris 0 Resenhas Butterworth-Heinemann, 2000 - 294 páginas This book challenges the claim that the precautionary principle is an appropriate guide to public policy decision-making in the face of uncertainty
Ihering Alcoforado

The precautionary principle ... - Google Livros - 0 views

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    The precautionary principle: protecting public health, the environment and the future of our children Marco Martuzzi, Joel A. Tickner 0 Resenhas World Health Organization, 2004 -
Ihering Alcoforado

PARISI, The Economics of Tort Law: A Precis - 0 views

    • Ihering Alcoforado
       
      Na construção de uma proposta de politica demitigação dos danos dos desastres naturais Juliana Guedes deverá se posicionar sobre o escopo territorial ótima do quadro normativo que ancora a política em tela. Este artigo poderá ser util neste momento. 
    • Ihering Alcoforado
       
      Trata da extensão do principio do poluidor-pagador com o intuito de configurar uma responsabilidade estatal em ambiente marcados pela pobreza.   Um passo na direção do seguro obrigatório, um dos instrumentos de politica que deverá ser utilizado por Juliana na mitigação dos danos dos desastres naturais.
    • Ihering Alcoforado
       
      Self-Defeating Subsidiarity: An Economic Analysis trata de como alocar as funções entre as esferas de governo, problema que será enfrentado por Juliana. 
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    • Ihering Alcoforado
       
      PARISI, The Rise and Fall of Communcal Liability in Ancient Law. Atente-se que esta responsabilidade resurge com toda força através do "credito solidário", cuja garantia é uma responsabilidade comunitária.
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    In this paper we analyze the factors that should be considered when allocating a given policy function at a particular level of government and how these factors affect the growth and evolution of multi-level governments. After discussing the interplay of economies of scale, economies of scope, and heterogeneity of preferences in determining the optimal level of legal intervention, we show that the subsidiarity principle can have mixed effects as a firewall against progressive centralization. Our economic model of subsidiarity reveals that once some functions become centralized, further centralization becomes easier and often unavoidable. Contrary to its intended function, a piecemeal application of the subsidiarity principle can trigger a path-dependent avalanche of centralization, turning subsidiarity into a self-defeating statement of principle.
Ihering Alcoforado

Hazard mitigation and preparedness ... - Google Livros - 0 views

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    Hazard mitigation and preparedness: building resilient communities Anna K. Schwab, David J. Brower, Katherine Eschelbach 0 Resenhas Wiley, 2006 - 568 páginas With this book, readers will learn how to apply their knowledge and skills in order to create communities that are more resilient to the impacts of hazards. It clearly presents the major principles involved in preparing for and mitigating the impacts of hazards in emergency management. This resource also provides real-world examples of different tools and techniques that emergency managers can use to reduce the impact of different types of hazards.
Ihering Alcoforado

Risk Communication: A Handbook for ... - Google Livros - 0 views

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    Risk Communication: A Handbook for Communicating Environmental, Safety, and Health Risks R. Lundgren, Andrea Mcmakin, Regina E. Lundgren, Andrea H. McMakin 7 Resenhas Wiley-IEEE, 2009 - 362 páginas A fully updated edition of the preeminent book on risk communication For more than a decade, Risk Communication: A Handbook for Communicating Environmental, Safety, and Health Risks has been a trusted compendium of strategies and guidance for effectively conveying risk information. Managers, scientists, engineers, students, communication specialists, healthcare professionals, agency representatives, and consultants in more than twenty countries have benefited from its contemporary, practical advice on what to do and what to avoid for successful risk communication. Now in its Fourth Edition, the handbook has been updated with expanded coverage of laws, approaches, messages, and technology-based applications such as social media, as well as all-new information on international risk communication. The handbook guides readers on: Understanding Risk Communication-Approaches to communicating risk; laws that mandate risk communication; constraints to effective risk communication; ethical issues; and principles of risk communication Planning the Risk Communication Effort-Determine purpose and objectives; analyze your audience; develop your message; determine appropriate methods; set a schedule; and develop a communication plan Putting Risk Communication into Action-Information materials; visual representation of risks; face-to-face communication; working with the media; stakeholder participation; and technology-assisted communication Evaluating Risk Communication Efforts-Why it's important to evaluate risk communication efforts; types of evaluation; and conducting the evaluation Special Cases in Risk Communication-Emergency risk communication and international risk communication Combining in-depth scientific underpinnings and the greatest breadth of information av
Ihering Alcoforado

Global Risk Governance: Concept and ... - Google Livros - 0 views

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    Global Risk Governance: Concept and Practice Using the IRGC Framework Ortwin Renn, K. Walker 0 Resenhas Springer, 2007 - 367 páginas The establishment of the international risk governance council (IRGC) was the direct result of widespread concern within the public sector, the corporate world, academia, and society at large that the complexity and interdependence of health, environmental, and technological risks facing the world was making the development and implementation of adequate risk governance strategies ever more difficult. IRGC set out to conduct a thorough examination of the fundamental principles and structures that guide the way emerging risks and issues are identified, assessed, managed, and communicated. From this process, a framework for risk governance was developed and proposed, which forms part I of this volume. This IRGC framework was then subjected to rigorous peer review and comments from other experts and the public at large were invited; these comments make up part II of the volume. The framework was also tested by applying it in a series of diverse, international case studies on such diverse topics as genetically modified crops, acrylamide in food in Germany, construction of the Nagara River Estuary Barrage in Japan, energy security in the Baltic, and nanotechnology, among others. This constitutes part III of the work. The last part of the book, part IV, consolidates the lessons learned, and proposes a path forward that, it is hoped, will lead to better management of global risks.
Ihering Alcoforado

Engineering the farm: ethical and ... - Google Livros - 0 views

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    RAFFENSPERGER, In Defense of the Precautionary Principle
Ihering Alcoforado

Direito e Economia - Responsabilidade Penal e Análise Econômica - 1 views

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    Responsabilidade Penal e Análise Econômica Horas-aula: 30 Professor(es): Giácomo Balbinotto Neto, Tupinambá Pinto de Azevedo Súmula A teoria econômica do comportamento humano Introdução a Teoria Econômica do Crime A contribuição de Gary Becker A Contribuição de Gordon Tullock As bases teóricas da econômica do crime O modelo básico de análise - Gary Becker O modelo de alocação do tempo O modelo de migração O modelo de portfólio O modelo de agente principal O modelo de interação social A teoria do crime organizado A teoria econômica da corrupção A organização industrial da corrupção O sistema de justiça criminal e a economia das prisões Aplicações: controle de armas, roubos a bancos; evasão fiscal, pena de morte. Evidências empíricas para o caso brasileiro. Objetivos da Disciplina Introdução de conceitos econômicos fundamentais, autores, abordagem referentes à teoria econômica do crime, bem como aplicações a temas correlacionados e aplicações ao caso brasileiro. Metodologia de Ensino Aulas expositivas com lâminas de power point e debates em aula sobre temas e textos específicos. Critérios de Avaliação A avaliação será baseada no desempenho de uma prova escritas, com conteúdo bem como num conjunto de exercícios que serão propostos ao longo do curso. As datas das provas serão marcadas em datas oportunas. A nota final será obtida da seguinte forma: provas escritas (0,80) + exercícios propostos (0,20). Aulas Teoria Econômica do Crime Artigos para leitura ARAÚJO, A.F.; FAJNZYLBER, P. Crime e Economia: um estudo das microrregiões mineiras. In: IX Seminário sobre a Economia Mineira, UFMG, 2000. ARAÚJO, A.F.V.; RAMOS, F.S. Estimação da Perda de Bem-estar causada pela Criminalidade: o caso da cidade de João Pessoa-PB. In: XII Encontro Regional de Economia, 19 e 20 de julho de 2007, Fortaleza-CE. BERGER, Luiz Marcelo. Um modelo baseado em agentes para estudo das propriedades emergentes decorrent
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