Home collection (FD)
URI permanente para esta coleção:
Navegar
Entradas recentes
- Legal brief on Human Rights and Environmental Due DiligencePublication . Bright, Claire; Íñigo Álvarez, Laura; Duarte, Ana; Oliveira, Rafaela; Pacheco, Sara; Sequeira, Benedita; Centro de Investigação e Desenvolvimento sobre Direito e Sociedade (CEDIS); NOVA School of Law|Faculdade de Direito (NSL|FD)
- Incentivos fiscais direcionados a suprir deficiência da saúde pública e impulsionar o reaquecimento econômico na pandemia covid-19Publication . Barboza, Ricardo Augusto Bonotto; Beraldo, Mariana Passos; Violante, Ana Flávia; Kurihara, Maiumy Teresa; Centro de Investigação e Desenvolvimento sobre Direito e Sociedade (CEDIS); Centro Universitario Curitiba - UNICURITIBAObjective: The paper analyzes the legal feasibility of granting possible tax incentives to face the pandemic. It seeks to assess whether said exempt measures are adequate in light of Brazilian constitutional and legal rules. Methodology: The present study uses the empirical and deductive method, through a quantitative approach; as for the procedure, it is a documentary research, through the revision of current doctrines and legislation, aiming to clarify the pertinence of interventionist policies in view of the characteristics of the national order. Results: It is concluded that urgent measures, in the most diverse areas, need immediate application to combat the progress and consequences of the disease. The survey showed that, in the Brazilian case, tax incentives aimed at heating the economy and health replenishment are appropriate and necessary responses, such measures are supported by the Federal Constitution and the Fiscal Responsibility Law. Contributions: The main contribution of the work consists in recommending that extra-fiscal incentive policies be applied and evaluated in the light of the Brazilian normative framework.
- Who Moderates the Moderators?Publication . Farinha, Martim; Matos Brandão, Diogo; Centro de Investigação e Desenvolvimento sobre Direito e Sociedade (CEDIS); NOVA School of Law|Faculdade de Direito (NSL|FD)This chapter tackles the intricacies surrounding the subject of content moderation in online platforms, concerning the problem of “over-blocking”, the chilling effects it causes on the freedom of speech of users and how it affects user empowerment. It does so by analysing the evolution of the legal framework on content moderation of the last twenty years, focusing the Atlantic dialogue between European Union Law, the e-Commerce Directive, and the Content Decency Act and Digital Millennium Copyright Act. Concretely, it demonstrates the previous framework's pitfalls in ensuring the fundamental rights of freedom of expression and right to information, and how the economics of content moderation allowed for a “false positives” phenomenon (“over-blocking”). It then argues that the more pernicious effect of this comes in the form of chilling effects on users being weaponized for commercial and or political means. It concludes by scrutinizing the recent Digital Services Act’s provisions regarding the viability of the procedural mechanisms of redress for users and the accountability of the platforms and third-party stakeholders for misuse of content moderation, whether through algorithmic or individual means. The chapter resorts to a methodology of doctrinal research focused on primary and secondary sources of law.
- Understanding the social–ecological systems of non-state seafood sustainability scheme in the blue economyPublication . Elegbede, Isa Olalekan; Fakoya, Kafayat A.; Adewolu, Morenike A.; Jolaosho, Toheeb Lekan; Adebayo, Joseph Adewale; Oshodi, Esther; Hungevu, Ruth Funmilola; Oladosu, Amos Olayinka; Abikoye, Oluwatoyos; NOVA School of Law|Faculdade de Direito (NSL|FD); Springer Science Business MediaNon-state sustainability initiatives, such as eco-certification and voluntary sustainability standards, are eco-friendly, market-driven, and privately managed initiatives that garner support from concerned stakeholders in the blue economy. Consequently, these initiatives play pivotal roles in enhancing resource sustainability within the seafood sector. However, despite their importance, the intricacies of how non-state seafood sustainability schemes operate within the blue economy remain unclear. Therefore, this study examines the interactions of these non-state actors within institutional, social, and ecological contexts to improve common resource management. This study is based on a comprehensive review of secondary data from the literature to delineate its scope. In recent years, there has been an increase in non-state initiatives advocating for sustainable fisheries and the sustainable use of natural blue resources. These initiatives claimed to exhibit established institutional, social, and ecological synergies, yet the foundational principles guiding them remain underexplored. It is essential to note that addressing the long-term sustainability issues in the socioeconomic-ecological systems requires the resilience shift of non-state initiatives. Thus, non-state institutions must strengthen their resilience management capabilities by collaborating with other actors, networks, and institutions to promote sustainable development. This collaboration fosters societal understanding of these resilience factors, which are portrayed in this study. Finally, effective resource management necessitates a delicate balance between economic considerations and environmental preservation, supporting the sustainability of common resources. It is imperative to deepen our understanding of the interplay between the socioeconomic and ecological facets of these systems to ensure that our environmental laws serve as the proper framework for effective resource regulation and management.
- Direitos de Publicação Secundária na UEPublication . Derfoufi, Oumaima; Daniel Leonardos dos Santos, Eduardo; NOVA School of Law|Faculdade de Direito (NSL|FD); Brazilian Institute for Information in Science and TechnologyThe road to opening up scientific knowledge has been paved by countless initiatives, players and strategies. Some countries have opted for the legislative route, enshrining secondary publication rights. This right allows the author, under certain conditions, to make their work publicly available, in addition to and independently of the initial publication. The legislation of eight countries in the European Union is briefly analyzed. A critical perspective on the model is offered. It concludes that the adoption of a secondary publication right should be considered by all countries. Among the advantages, it allows researchers and institutions to be relieved of some burden they currently bear in pursuing public interest policies.
- Normative PositionsPublication . d’Almeida, Luís Duarte; Centro de Investigação e Desenvolvimento sobre Direito e Sociedade (CEDIS); NOVA School of Law|Faculdade de Direito (NSL|FD); Springer VerlagWesley Hohfeld’s (1913; 1917) framework of legal positions is an example of a largely successful theoretical inquiry with practical consequences, including for legal argumentation. But it remains the object of intense debate. As has long been clear, Hohfeld’s original account needs amendment. His tables display four pairs of what he termed “opposites”: duty/liberty, claim-right/no-right, power/disability, and liability/immunity. Yet there is no single notion of “opposition” that applies across all pairs. In the latter two pairs, “opposition” can be explained in terms of logical contradiction. But not in the former two. One simple way—first proposed by Williams (1956) and Fitch (1967)—of addressing this worry is to substitute “liberty not” for “liberty” as the relevant predicate. This allows us to explain “opposition” as logical contradiction across all pairs. In recent years, though, a different proposal has emerged. Kramer (2019; 2024) and McBride (2021; 2024) think we should recognise two kinds of “opposites”. Under their view—the “Dual” View, as McBride calls it, and I will too—we retain “liberty” as the relevant predicate, and treat duty/liberty and claim-right/no-right as pairs of logical duals rather than contradictories. In this paper, I argue against the Dual View on meta-theoretical grounds: parsimony (given identical explanatory power), elegance, and teachability.
- Marine policy and community engagementPublication . Abikoye, Abimbola; Abikoye, Oluwatoyos; NOVA School of Law|Faculdade de Direito (NSL|FD); ElsevierCoastal communities in Lagos, Nigeria, face increasing climate risks, including sea-level rise, flooding, and ecosystem degradation. Women and persons with disabilities in these communities experience disproportionate vulnerabilities due to socio-economic constraints and exclusion from formal climate adaptation strategies. This study explores how Traditional Ecological Knowledge (TEK) informs local adaptation strategies and highlights the role of community-led climate resilience efforts in marine governance. Using a mixed-methods approach—including Focus Group Discussions (FGDs), structured interviews, surveys, and SWOT analysis—this research examines how fisherwomen and other community members interpret environmental changes and implement TEK-based adaptation strategies such as adjusting fishing schedules, reinforcing settlement structures, and utilising informal weather warning mechanisms. Findings reveal that while local communities possess intricate environmental knowledge, government-led adaptation policies, including the Lagos Climate Adaptation and Resilience Plan (LCARP, 2024), have yet to fully integrate TEK into formal frameworks. Gaps in early warning dissemination, electricity access for fish preservation, and policy engagement further hinder effective adaptation. This study emphasises the need for participatory climate governance that incorporates SDGs 13 (Climate Action), 14 (Life Below Water), and related goals such as SDG 1 (No Poverty) and SDG 6 (Clean Water and Sanitation) to ensure a more inclusive and sustainable response to climate change. The paper concludes that bridging the disconnect between government adaptation policies and TEK can enhance marine policy effectiveness, improve coastal resilience, and empower vulnerable groups. It calls for integrated, bottom-up policy approaches that recognize the value of local knowledge in shaping climate adaptation strategies for Nigeria's coastal communities.
- AMBIVALENCE IN CONTEMPORARY SUNNI ISLAMISM – A CHALLENGE FOR WESTERN LIBERAL DEMOCRACIES?Publication . Pathé Duarte, Felipe; Centro de Investigação e Desenvolvimento sobre Direito e Sociedade (CEDIS); NOVA School of Law|Faculdade de Direito (NSL|FD); Universidade de CoimbraThis study examines the ambivalence of contemporary Sunni Islamism and its implications for Western liberal democracies. Its main objective is to clarify how Sunni Islamism operates as both a religious and political ideology—rooted in Islamic doctrine yet shaped by modern secular frameworks—thus challenging the conceptual boundaries of liberal democratic thought. The research addresses two central questions: To what extent can Sunni Islamism be considered an authoritarian secular ideology rather than a purely religious movement? How does this dual identity influence its relationship with Western liberalism? The originality of the paper lies in interpreting Islamism not as a religious deviation or reactionary force, but as a modern ideological project employing religious discourse for political mobilization and legitimacy.
- Inovação TecnológicaPublication . Ribas, Lídia Maria Lopes Rodrigues; Dos Santos, Antonio; Centro de Investigação e Desenvolvimento sobre Direito e Sociedade (CEDIS)Entendendo que o cerceamento tecnológico histórico que países menos desenvolvidos enfrentam limita o desenvolvimento de produtos estratégicos de defesa, este artigo enfoca a necessidade nacional de elaborar uma estratégia que vise à abordagem de políticas públicas de incentivo à inovação tecnológica. Para tanto, utilizou-se a metodologia dedutiva, partindo-se das seguintes conjecturas: i) o Brasil tem um baixo investimento em inovação tecnológica; ii) há falta de subsídio para a integração entre governo, universidades e empresas; e iii) a imprescindibilidade de estratégia nacional voltada ao desenvolvimento interno de tecnologia. Por meio da pesquisa bibliográfica e documental, o estudo concentrou-se em analisar os conceitos para a investigação, o arcabouço jurídico sobre inovação e as políticas já existentes. Foi possível concluir que o cerceamento tecnológico somente pode ser superado pelo atingimento do desenvolvimento nacional, incluído o setor de defesa, por intermédio do estímulo da inovação tecnológica.
- Water diplomacyPublication . Rodrigues, José Noronha; Bhattacharya, Sumanta; Cabete, Dora Cristina Ribeiro; Soares, Ardyllis Alves; Centro de Investigação e Desenvolvimento sobre Direito e Sociedade (CEDIS); NOVA School of Law|Faculdade de Direito (NSL|FD); Pontificia Universidade Catolica do ParanaA key instrument for combating climate change, preserving the environment and promoting sustainable development is water diplomacy. For this reason, in this article, the authors look at the various aspects of water diplomacy, including international collaboration, cross-border water protection, data exchange, ecological protection, flood management and global food security. Given that water transcends borders, the authors address various agreements concluded between countries to manage rivers, lakes and basins of groundwater common to several nations, requiring international cooperation and diplomacy that are of particular value to this study. Water diplomacy promotes comprehensive conversations and solutions. Diplomacy is used to bring together stakeholders to create comprehensive water resource management plans. This article employs a descriptive, interpretative, qualitative-quantitative methodology based on the use of primary sources, international and national instruments, as well as the conduct of documentary and bibliographic research. The results obtained allow the authors to conclude that it is impossible to underestimate the importance of water diplomacy for international relations and society. Water diplomacy promotes social justice by putting the needs of all parties first, including historically marginalized groups. Water diplomacy can prevent social inequality in water management and allocation by using inclusive decision-making procedures increasing social equity.