Banca de DEFESA: ADRIANO SILVA DANTAS

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : ADRIANO SILVA DANTAS
DATA : 23/09/2019
HORA: 11:00
LOCAL: UFRN - NÚCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

INVESTMENT COOPERATION AND FACILITATION AGREEMENTS: ANALYSIS OF THE POTENTIAL CONTRIBUTION OF SUCH INSTRUMENTS FOR PROMOTING NATIONAL DEVELOPMENT

PALAVRAS-CHAVES:

International Investment Law. Legal certainty. Cooperation and Investment Facilitation Agreement. Economic development.

PÁGINAS: 158
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:

The purpose of this study is to analyze the Investment Cooperation and Facilitation Agreements (ACFIs) developed and signed by Brazil from 2015 onwards, investigating the usefulness, even potential, of such instruments in relation to the objectives attributed to them. : legal certainty, investment attraction and qualitative economic development. In this sense, the first part of the work, composed of its initial two 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 into the history of international investment law, in order to clarify how the model was arrived at. The second part of the work, also segmented in two chapters, deals with the implementation of what is foreseen in the agreements and that was object of the first part, opportunity in which the managing bodies of the agreement are analyzed, as well as the prevention and solution mechanisms. of controversies. This approach format was conceived according to the main objective of the study, namely the analysis of the potential effectiveness of the ACFIs with regard to the promotion of national economic development along the lines provided for 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 to some extent met by domestic law, their existence is important to Brazilian investors with assets invested in the other Contracting States, which many of sometimes they do not have an institutionally reliable business environment. In addition, it was also concluded that the arbitral model adopted, exclusively interstate, was insufficient, since it compromises legal certainty, since the investor will always depend on the performance of his State in order to trigger the mechanisms of the agreement.

MEMBROS DA BANCA:
Presidente - 1570072 - JAHYR PHILIPPE BICHARA
Interna - 1753047 - MARIANA DE SIQUEIRA
Externa à Instituição - SVEN PETERKE