Os acordos de cooperação e facilitação de investimentos: análise quanto à potencial contribuição de tais instrumentos para a promoção do desenvolvimento nacional
The objective of this study is to analyze the Cooperation and Facilitation Agreements (ACFIs) developed and signed by Brazil from 2015 onwards, with a view to the usefulness, even if potential, of such instruments with regard to the objectives assigned to them : legal security, attraction of inve...
Na minha lista:
| Autor principal: | |
|---|---|
| Outros Autores: | |
| Formato: | Dissertação |
| Idioma: | pt_BR |
| Publicado em: |
Brasil
|
| Assuntos: | |
| Endereço do item: | https://repositorio.ufrn.br/jspui/handle/123456789/28528 |
| Tags: |
Adicionar Tag
Sem tags, seja o primeiro a adicionar uma tag!
|
| Resumo: | The objective of this study is to analyze the Cooperation and Facilitation Agreements
(ACFIs) developed and signed by Brazil from 2015 onwards, with a view to the
usefulness, even if potential, of such instruments with regard to the objectives assigned
to them : legal security, attraction of investments and qualitative economic development.
In this sense, the first part of the paper, composed of its two initial chapters, is dedicated
to the presentation of the model established in the ACFIs, focusing on the analysis of the
content of its clauses, including making inroads in the history of International Investment
Law, in order to clarify how the model was arrived at. The second part of the paper, which
is also divided into two chapters, deals with the implementation of what is foreseen in the
agreements and which was the object of the first part, where the managing bodies of the
agreement are analyzed, as well as the mechanisms of prevention and solution of
controversies. This format of approach was conceived in function of the main objective
of the study, that is, the analysis of the potential effectiveness of the ACFIs with regard
to the promotion of the national economic development in the molds foreseen in the
Federal Constitution, notably in Chapter I of its Title VII. The conclusion reached is that,
although many of the provisions contained in the agreements are already met to some
extent by domestic legislation, their existence is important for Brazilian investors with
assets applied in the other Contracting States, many of which sometimes do not have an
institutionally trusted business environment. In addition, it was also concluded by the
insufficiency of the arbitration model adopted, exclusively interstate, since it
compromises legal certainty, since the investor will always be dependent on the action of
his State to be able to trigger the mechanisms of the agreement. |
|---|