CEID - Livros e Partes de Livros / Books and Books Parts
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- Direito e dever humano de proteção do ambiente marinhoPublication . Rocha, Armando
- Portuguese report: general questions on private enforcement of antitrust lawPublication . Pais, Sofia Oliveira
- Introduction to the handbook on migration and human rightsPublication . Marín, Ruth Rubio; Estrada-Tanck, Dorothy; Queiroz, Benedita Menezes; Staiano, FulviaThe Handbook on Migration and Human Rights aims to critically examine the human rights challenges faced by migrants and refugees globally. By deconstructing the dominant crisis narrative, the contributions offer a nuanced, intersectional and interdisciplinary perspective on migration governance. The book is divided into three parts, covering: crises in migration governance, the rule of law and the management of refugee flows; challenges faced by states and supranational institutions in addressing diversity; and socio-economic, health and environmental crises. The book adopts innovative global and local governance approaches to address these challenges and proposes just and equitable policies that uphold the human dignity and rights of all migrants.
- Women, business and the law 2018Publication . Carvalho, Catarina de OliveiraHow can governments ensure that women have the same employment and entrepreneurship opportunities as men? One important step is to level the legal playing field so that the rules for operating in the worlds of work and business apply equally regardless of gender. Women, Business and the Law 2018, the fifth edition in a series, examines laws affecting women’s economic inclusion in 189 economies worldwide. It tracks progress that has been made over the past two years while identifying opportunities for reform to ensure economic empowerment for all. The report updates all indicators as of June 1, 2017 and explores new areas of research, including financial inclusion.
- Deep sea mining vs. underwater cultural heritagePublication . Ermida, Maria PenaThis chapter seeks to provide an overview of the legal framework surrounding the protection of UCH as a part of the Marine Environment within the context of Law of the Sea, focusing particularly on the rules regarding deep sea mining. The text seeks to analyse how such an activity may be considered compatible, or not with the protection of the marine environment and in particular how underwater cultural heritage may be addressed within such a context.
- Residence for corporate income tax purposes: general ReportPublication . Nogueira, JoãoResidence is one of the most fundamental legal concepts for taxation. This general report aims to provide a better understanding of the function, meaning and role performed by the concept in modern corporate income tax systems. A comprehensive assessment of the branch reports reveals a complex normative landscape shaped by globalisation and digitalisation and evolving legal concepts under a mist of indeterminacy. Regarding domestic law, there is considerable diversity, with divergent jurisdictional approaches, encompassing the interplay of incorporation, governance and other criteria and with a clear trend of expanding the scope of the concept. At the income tax treaty level, while most treaties still adhere to place of effective management as a tie-breaker, there is a progressive shift to the mutual agreement procedure (hereinafter MAP), which should be regarded with concern. Such a mechanism, as it prevents taxpayers from anticipating the tax consequences of their (often genuine and needed) behaviour, is particularly worrisome, taking into account that residence is often a trigger for worldwide taxation. The general report underscores the need for enhanced international cooperation and legislative reforms to address the challenges emphasised by globalisation and digitalisation, advocating for a nuanced balance between sovereignty and global tax fairness.
- Quis custodiet ipsos custodes?Publication . Fernandes, José Miguel Taborda
- The role of advisory opinions in international law in the context of the climate crisisPublication . Rocha, Armando; Tigre, Maria Antónia
- Finding the ‘rosetta stone’? Concluding remarks on the role of advisory opinions in international law in the context of the climate crisisPublication . Rocha, Armando; Tigre, Maria AntóniaAs a conclusion, this chapter provides a quick overview of the main findings of the book, presented not chapter by chapter, but rather in a topical manner. First, the chapter looks to the message of hope for concerned States, civil society movements, and individuals, who were able to conduct parallel initiatives that ended up with the submission of three requests for advisory opinions before three of the major international courts and tribunals. Second, the chapter assesses the expected impact of advisory opinions on climate change, namely in international and domestic lawmaking and judicial proceedings. These impacts prove that advisory opinions are taken seriously, as can be noticed in the recent agreement between the United Kingdom, Mauritius, and the United States of America concerning the sovereignty over the Chagos archipelago. Third, and finally, the chapter analyses the critical areas for future research so that these advisory opinions are a first but decisive step for future judicial development of international law – ie, how the advisory opinions may be used as a ‘Rosetta Stone’ to clarify and develop international climate law.
- The impact on domestic law of climate change-related advisory opinions: the experience of the IACtHR and the ITLOSPublication . Medici-Colombo, Gáston; Rocha, ArmandoAs advisory opinions clarify States’ obligations under international law, it is natural that domestic measures aimed at complying with such obligations need to be re-assessed in light of those advisory opinions, regardless of their non-binding character. This chapter looks to the stance taken by the IACtHR itself on the domestic impact of its opinions and to the case law of domestic courts on this matter, although mindful that States may have changed, or need to change, their domestic laws after, and consequential to, an IACtHR’s opinion. In the analysis of the advisory opinions of the ITLOS, this chapter looks very briefly at the adoption of domestic legislation after the rendering of its opinions. This chapter does not assess the experience related to the ICJ’s opinions.