1. ECONOMIC RELATIONS BETWEEN CHINA AND LATIN AMERICA – A CONSTRUCTIVIST VIEW IN SEARCHING FOR THE BANDUNG SPIRIT
中国与拉美的经济关系——寻找万隆精神的建构主义观点
Author:Douglas de Castro(Post-Doc in International Economic Law - São Paulo Law School <FGV>. PhD in Political Science - University of São Paulo <FFLCH-USP>. Master’s in law - University of São Paulo <FD-USP>. LL. M. in International Law - J. Reuben Clark Law School <BYU>. Visiting Scholar in the Foundation for Law and International Affairs <Washington D. C.>)
Abstract:The increasing economic presence of China in Latin America is generating a strong response from mainstream academics and politicians, which basic claim is of imperialistic features. An anachronical comparison with the great European powers is made to justify the claim of a wave of Chinese imperialism and neo-extractivism in the region. This study relies on the Constructivist Theory of International Relations and Third World Approaches to International Law (TWAIL) to challenge this claim by founding empirical evidence of the presence of the Spirit of Bandung in the economic relationship between China and Latin America. The hypothesis in this article is that ideational factors as solidarity and shared experiences are essential to form a new narrative that goes beyond seeking material capabilities and survival in a Hobbesian international system structure, as well as to construct the new basis for a more equitable relationship between countries. We use the Brazilian case to test the argument, and the computer-assisted qualitative data analysis software (CADQAS) called ATLAS.ti as the research technique. The objective is finding minimal evidence in the primary documents that point into the confirmation of the hypothesis.
Key words:Economic Relations; China; Brazil; Bandung Spirit; Imperialism
2. THE FINANCIAL POWER OF CHINA AND THE RENMINBI中国与人民币的金融力量
Author:Alexandre Ramos Coelho(Senior researcher at the Center for Global Trade and Investment at Getulio Vargas Foundation - alexandre.coelho@fgv.br)
Abstract:This article aims to present the main issues about China's economic growth and the internationalization of its currency - the Renminbi (RMB), as well as the financial and economic instruments used by China for this purpose not only around the world but also in the countries of South America. Finally, it assesses Brazil's foreign policy concerning China's economic and monetary expansion strategy, concluding that Brazil and South America, in general, do not have any economic and political strategy to deal with the Chinese monetary expansion.
Key words:China; Brazil; South America; Renminbi
3. TOWARDS A NEW GLOBAL INVESTMENT GOVERNANCE? AN ANALYSIS OF CHINESE INVESTMENT IN LATIN AMERICA AND THE BELT AND ROAD INITIATIVE GLOBAL IMPACTS迈向新的全球投资治理？中国对拉美投资和一带一路倡议全球影响力的分析
Author:Luciana Ghiotto& Ariel Slipak(PhD in Social Sciences in the University of Buenos Aires <UBA>, Argentina. Researcher at the National Research and Science Council <CONICET> in Argentina. Teaches International Political Economy at the University of San Martín <UNSAM>. She is a collaborator of the Transnational Institute <TNI> and member of the Latin American Society of Political Economy <SEPLA>; a Degree in Economy from the University of Buenos Aires <UBA>, Argentina. Doctoral student in Social Sciences at the same University. Professor at the University of Moreno <UNM>, Argentina. He is part of the research group on Geopolitics and the Commons in the Institute of Latin American and Caribbeand Studies <IEALC-UBA> and member of the Society of Critical Economy <SEC>)
Abstract:After the transformations in the People´s Republic of China in 1978, during the first years of the 21st century China has consolidated in the international order as a big power, taking into account its role in trade, production, finances, technology and even war power. In the last years, China has been the most dynamic trade partner for Latin America, as well as financier and investor. This relationship is deepening with the New Silk Road or Belt and Road Initiative (BRI) where China has proposed that the region gets involved in this project through the realization of a number of infrastructure mega-projects headed by China, which will surely transform geography and power relations. In this article we explore the geopolitical relevance of BRI and the main aspects of the Sino-Latin American relationship, but fundamentally the global and regional strategies developed by China in the search for protection and facilitation of its investments and in the area of arbitration.
Key words:China; Latin America; Belt and Road Initiative; Arbitration; Investment Facilitation
4. BINGO REGULATION IN BRAZIL AND RECOMMENDATIONS FROM THE BINGO PROJECT: THE ODDS OF A SUSTAINABLE REGULATION OF THE SECTOR巴西的宾果法规以及宾果项目的建议：对行业可持续监管的可能性
Author:Maria Luiza Kurban Jobim&Toni Williams(Research Assistant for The Bingo Project, and law clerk at the Court of Appeals, Estado do Rio Grande do Sul, Brazil <Tribunal de Justiça do Estado do Rio Grande do Sul>; Professor of Law, Head of Kent Law School, University of Kent, G. A)
Abstract:Bingo is a form of gaming that is often associated with good works, social services, low stakes entertainment, and working-class sociality. In many parts of the world bingo halls are the province of charities, veterans’ clubs, older women, and families: But not in Brazil. Commercial bingo grew rapidly in Brazil during approximately a decade of legality that ended in 2007. Legal bingo halls employed tens of thousands of people and the game was widely played by middle-class and well-educated Brazilians as well as older workingclass women and men. However, the game, or more precisely the bingo halls in which it was played, came to be regarded as laundries for dirty money, sources of corruption of public powers, and risks to the security of urban neighbourhoods. Using contextualised socio-legal analysis of the places that Brazilian bingo halls became and their place in Brazilian society, this article summarises findings and conclusions from The Bingo Project and outlines key topics to be considered in framing new regulation on the controversial topic of gambling legalisation in Brazil. Its specific focus is the regulation of bingo to contain the risks the game poses and provide a foundation for the redevelopment of bingo as a legal leisure practice.
Key words:Bingo; gambling regulation; consumer protection; crime prevention
5. SOS COLLECTIVE ACTIONS紧急救援集体行动
Author:Heloisa Carpena(State Prosecutor in Rio de Janeiro; Doctor of Private law <UERJ>; Professor at PUC-Rio)
Abstract:The paper points out the challenges to the Brazilian collective actions system brought up by the approval of the new civil procedural act. The author analyzes constitutional right of access to justice, the individual initiative and limits to literal interpretation of the statute.
Key words:Collective actions system; New Civil Procedural Act; Constitutional rights of the ideological defendants; Access to Justice
6. BUILDING THE BRAND “CAFÉS DO BRASIL”: THE INSTITUTIONAL FAILURES AND THEIR EFFECTS ON THE BRAND’S POSITIONING ON THE INTERNATIONAL MARKET打造“巴西咖啡馆”品牌：体制失灵及其对品牌国际市场定位的影响
Author:Marco Aurélio Oliveira dos Santos; Daniela Callegaro de Menezes & Antonio Domingos Padula(Antonio Domingos Padula <Ph. D>; Universidade Federal do Rio Grande do Sul – UFRGS; Centro de Estudos e Pesquisas em Agronegócios – CEPAN; Programa de Pós-Graduação em Agronegócios – PPG-Agronegócios; Av. Bento Gonçalves, 7712; CEP 91540-000–Bairro Agronomia – Porto Alegre – RS – Brasil
Abstract:New consumption patterns based on quality and sustainability have encouraged the coffee production chain to innovate and adapt to the new competitive scenario. While Brazil is the world’s largest coffee producer, it is known mainly as a producer of commodity coffee. To overcome these weaknesses, the Brazilian government has implemented policies designed to align the coffee sector with the new global consumption patterns. The centerpiece of those policies is the creation and institutionalization of the “Cafés do Brasil” program with the purpose of promoting the brand “Cafés do Brasil” in the international market as a symbol of quality, flavor, diversity of origins and sustainability. This paper deals with how the institutional framework that guides the agents was designed, how the structure and mechanisms for coordinating and adapting the agents involved in the Cafés do Brasil program were established and to what extent the program has achieved its goals. The research findings reveal that elements linked directly to the institutional framework have compromised the program’s effectiveness. By decentralizing the coordination and control activities to regional agents, the Federal Government is failing to coordinate the program. The lack of alignment between the different organizational levels has led to the proliferation of regional brands aimed at the domestic market indicating a shift away from the original objective of the program to establish the brand “Cafés do Brasil” as a symbol of fine Brazilian coffees on the international market.
Key words:specialty coffees; Cafés do Brasil brand; innovation; governance; institutional failure
7. THE COMMON LAW TRUST USED AS A GUARANTEE TOOL IN COMPARISON WITH EQUIVALENT INSTRUMENTS OF THE NEW BRAZILIAN CIVIL PROCEDURE CODE用作担保工具的普通法信托和新巴西民事诉讼法典中相应工具的比较研究
Author:Verônica Scriptore Freire e Almeida(Professor of Law at Santa Cecília University - Law School – UNISANTA <Master´s Program in Health Law - Santos - Sao Paulo – Brazil>. Professor of Law at IBMEC-Sao Paulo - Brazil. Master and PhD in Economic Law – Faculty of Law, Coimbra University - Portugal. Lawyer and Legal Consultant)
Abstract:This article aims to demonstrate the functionalities of the trust as an authentic legal transaction and fundamental in the constitution of guarantee of the most varied types of business, through the comparison with the instruments used in Brazilian law. For this purpose, this article beginning with the accurate definition of the common law trust, describing its peculiar characteristics, as well as its flexibility. It also presents an overview of trusts under the legal system of common law, where it distinguishes their structure and identifies their main guarantee purposes. Moreover, this article specifies that the common law trust, when used as a guarantee tool, is more efficient than the guarantee instruments permitted under Brazilian law. This is due to the slowness of the process to enforce the creditor's right which, even with the recent changes to the Civil Procedure Code, remains a challenge. Thus, it can be concluded that the Brazilian current structures are more limited and bureaucratic when compared to the common law trusts.
Key words:trust; common law; civil law; Brazilian law; legal guarantee tools
8. THE INTERNET UNDER A NEW INTERNATIONAL TRIBUNAL FRAMEWORK新国际法庭框架下的互联网
Author:Daniel Freire e Almeida(Professor of International Law, Internet Law and International Relations at Catholic University of Santos – PhD and Master´s Program. Postdoctoral researcher at Georgetown University <Washington-DC-USA>. PhD in International Law, Faculty of Law, Coimbra University <Portugal>. Lawyer
Abstract:This working paper is divided into six sections that provide the relevant knowledge and innovative arguments of the internal organization of the International Tribunal for the Internet, including on the General Assembly, the General Secretariat, the Judge’s Chamber, the Chamber of Prosecutors, the International Association of Lawyers, and the Diplomats of the Tribunal. This article has as its main objective to present the organizational structure formulated by the author to create an International Tribunal for the Internet. All therefore to be established due to the challenges that the jurisdictions of the national and regional spaces confront to apply their judicial decisions and laws in the international environment of the Internet.
Key words:international law; internet tribunal; digital environment; internet law; international courts; international tribunals; global governance