This book adopts the proposition that it is possible to the customs to be sources of contractual obligations. To support that premise, it was necessary to seek jurisprudential (arbitration and litigation) and comparative basis. Even more, due to contract law internationalization, customary international sources should be subject of domestic treatment, as they provide contractual obligations as well as they work as contractual interpretation tool. However, one can´t neglect the need to control the customary content. In detailed terms, then, we can say that the role reserved for the custom as contractual law rules source has always been residual in Brazilian law. Accompanying the modern European experience, doctrine and Brazilian legislation emphasize the secondary, when not merely interpretive, role of the contractual custom. In turn, Brazilian case law wasn´t able to give general treatment to contractual custom. Moreover, the process of reducing distances and cultural, social and economic approximation, usually called globalization, influenced the contracts through the incorporation of a number of solutions brought from the international trade practice. Although they might be justified by the age-old principle of freedom, somehow these international "uses" insinuate themselves into Brazil to the point of requiring that the Brazilian Courts themselves to give them treatment and shelter. On one side, if you deny the existence of a creative normative role in contractual custom by another, albeit indirect, is recognized not only their existence but the possibility of foreign origin. This paradoxical treatment reflects, to some extent, another consequence: the Brazilian contract law is in the process of internationalization. Here, then, a new confrontation is announced: a broad creative freedom (a tributary of the so-called Lex mercatoria) and the foreign act incorporation control (public policy). Unlike before, however, no simplistic answer would be feasible, particularly because of the complexity of contemporary and regulatory Brazilian contract law.
Today, one-quarter of all the land in Latin America is set apart for nature protection. In Nationalizing Nature, Frederico Freitas uncovers the crucial role played by conservation in the region's territorial development by exploring how Brazil and Argentina used national parks to nationalize borderlands. In the 1930s, Brazil and Argentina created some of their first national parks around the massive Iguazu Falls, shared by the two countries. The parks were designed as tools to attract migrants from their densely populated Atlantic seaboards to a sparsely inhabited borderland. In the 1970s, a change in paradigm led the military regimes in Brazil and Argentina to violently evict settlers from their national parks, highlighting the complicated relationship between authoritarianism and conservation in the Southern Cone. By tracking almost one hundred years of national park history in Latin America's largest countries, Nationalizing Nature shows how conservation policy promoted national programs of frontier development and border control.
Frontiers of Development in the Amazon: Riches, Risks, and Resistances contributes to ongoing debates on the processes of change in the Amazon, a region inherently tied to the expansion of internal and external socio-economic and environmental frontiers. This book offers interdisciplinary analyses from a range of scholars in Europe, Latin America, and the United States that question the methods of development and the range of socio-ecological impacts of those methods by examining the theoretical, methodological, and empirical dimensions of frontier-making along with evaluating and refining existing frameworks. Contributors focus on the complex politics of border formation shaped by institutional, economic, and political forces, placing them in relation to ethical, imaginary, and symbolic elements. In doing so, contributors explore the dynamic production of identities, values, and subjectivities, covering matters of migratory patterns, complex power struggles, and intensive—at times violent—clashes. Among other topics, this book assesses the recent encroachment of export-driven agribusiness into the Amazon Region in the context of recolonization, resource exploitation and multiple programs of modernization and national integration. Scholars of Latin American studies, international development, environmental studies, and applied social sciences will find this book particularly useful.
This will help us customize your experience to showcase the most relevant content to your age group
Please select from below
Login
Not registered?
Sign up
Already registered?
Success – Your message will goes here
We'd love to hear from you!
Thank you for visiting our website. Would you like to provide feedback on how we could improve your experience?
This site does not use any third party cookies with one exception — it uses cookies from Google to deliver its services and to analyze traffic.Learn More.