Vol. 2 No. 2 (2022): Revista Latinoamericana de Estudios Europeos

PUBLISHED: 2022-08-03

El Latin American Journal of European Studies (ISSN 2763-8685) es una publicación del Latin American Center of European Studies, creada a partir del proyecto BRIDGE - Jean Monnet Network con financiamiento del Programa Erasmus + de la Comisión Europea. Centrándose en líneas editoriales sobre Derecho y Políticas de la Unión Europea y Relaciones Internacionales de la Unión Europea con terceros países y América Latina, la cuarta edición de la Revista también cuenta con un dossier temático sobre Diálogos sobre desarrollo económico y sustentable entre la UE y países terceros, organizado en conjunto por Walter Arévalo-Ramirez de la Universidad del Rosario (Colombia). La convocatoria de la cuarta edición de la Revista ya se encuentra abierta y los interesados pueden enviar sus ponencias hasta el 1 de noviembre de 2022.

Edición completa

Editorial

Resumen

Aline Beltrame de Moura, Naiara Posenato, Walter Arévalo-Ramírez

Dossier

THE DUMPING GROUNDS FOR FAST FASHION CLOTHES: an assessment of the environmental tragedy related to sustainable development in the European Union

Palabras clave:

Fast-Fashion Industry; Sustainable Development; International Agreements

Resumen

This paper aims to evaluate the situation of dumping grounds in some regions of the world and to size its impact on the expectations of the European Union (EU) to achieve sustainable development. It traces intersections of international trade theory, European law, and the principle of sustainable development with the practice of major global players, focusing on the EU. The dumping grounds in third countries gives room for questioning the opportunities and threats that the European block faces to achieve environmental sustainability and how the very countries of Europe, as importers and exporters of fast-fashion clothes are co-responsible for the environmental drama faced by other countries that deal with these products, which become waste. The purpose of this research is therefore to analyze the effectiveness of the principle of sustainable development in the final stage of the production chain of fast-fashion clothing, seeking to bring an analysis centered on international and European law. As for the research method adopted here, it is developed through bibliographic and documental analysis and a case study. The development of the work is divided into three chapters. The first seeks to compare environmental conventions on the subject. The second chapter analyzes the production cycle of fast-fashion clothing, the countries and entities involved, and the accentuated waste production in a panorama of international transactions. The last chapter seeks to examine the actions of the EU to curb similar practices, where there is accountability in the European and international market for damages committed to the environment also in third countries. It concludes that there is a possible European success in enacting a due diligence directive with a specific scope to curb market practices that continuously produce products and exempt themselves from responsibility for their final destination, thus disregarding the sustainability of the environment.

Andreas R. Ziegler, Amon Elpídio da Silva

EL DESARROLLO ECONÓMICO IMPULSADO MEDIANTE LAS ASOCIACIONES PÚBLICO-PRIVADAS EN LA UNIÓN EUROPEA Y COLOMBIA DESDE UNA PERSPECTIVA PRESUPUESTAL

Palabras clave:

Public Private Associations; budget limits; sustainable economic development.

Resumen

Without acknowledging that Public-Private Partnerships (PPPs) are a contracting model that allows economic development, it is necessary to investigate the budgetary measures adopted in the case of the European Union and Colombia to prevent its use as a tool to transgress the budgetary limits of public indebtedness. To this end, in this article a qualitative and analytical methodology will be used to: i) identify the importance of establishing and complying with budget limits for economic development, ii) expose the dilemma that exists between the satisfaction of public needs and the fulfillment with budget restrictions, iii) analyze PPPs as an alternative to solve the aforesaid problem and iv) point out the budgetary measures adopted by the European Union and Colombia that impact the PPP contracting model. According to the information gathered it will be shown that in Colombia, despite the existence of some budgetary limitations for PPPs developed by territorial entities, the same restrictions are not foreseen for national entities and it will be confirmed that in the European Union there is the possibility of including in debt service the PPPs when the transfer of risk and rewards of infrastructure relies on the public partner, while in Colombia this possibility has not been considered.

Laura del Pilar Poveda Parra

EXCEPCIONES A LAS CLÁUSULAS DE CUMPLIMIENTO

Palabras clave:

Ecocentrism; Regime of Exceptions; International Economic Law.

Resumen

This article intends to carry out an analysis that concerns the dynamics whit which International Economic Law, based on some provisions contained in its own regime, intends to exclude obligations that have been interpreted from other perspectives and that have been interpreted from other perspectives and that, over time, have gained prominence in international law discussion forums. The specific cases are limited to those settled in the WTO Dispute Settlement Body and the ICSID Appellate Body, all in relation to the interpretation generated in other systems from an alternative perspective and that may have a final impact for Europe, to finally seek a precedent-setting relationship such as the ICJ Whaling Convention (Australia v. Japan). It will seek to define from the CILT, the spirit whit which the exceptions contained in Article XX of the GATT emerged., which allows us to see an approach to the ecocentric approach that prevails today in a part of the world and that will soon be the dominant paradigm.

Sergio Esteban Díaz-Botero, David Orlando Barbosa Villota

UN MARCO ANALÍTICO PARA ENTENDER EL DEBATE COMERCIO CULTURA

Palabras clave:

Commerce, Culture, Neogramcian theory; Constructivism.

Resumen

This article aims to theoretically understand the cultural trade debate from the tension between the countries of the North and the South. Due to the above, the text is divided into two parts, the first of which is constituted by a conceptual framework around culture, and the second part tries to be a communication bridge between the neo-Gramscian theory and the constructivism of norms.

Miriam Dermer

EL DESARROLLO SUSTENTABLE EN EL ACUERDO UE-MERCOSUR: pasado, presente... ¿y el futuro?

Palabras clave:

Mercosur; EU; Sustainable.

Resumen

Our research is based on the Chapter on Trade and Sustainable Development of the Strategic Association Agreement reached between MERCOSUR and the European Union (EU) in 2019, first of all we show history and a review of the normative bases of both integration schemes as well as the development they achieved in matters related to sustainable development. The objective of the work is study the difficulties and convenience of this agreement mainly for MERCOSUR in relation to economic development and sustainable development, with the possibility of changing the current production process in order to guarantee compliance with the environmental requirements that this agreement demands, fundamentally that they are consistent with the proposals and objectives of the European Green Deal. Likewise, the work will take into account the studies carried out by the World Meteorological Organization (WMO) in relation to the effects of climate change in both regions. At the end, the current situation of the agreement is described and a solution proposal is made.

Gisela Soledad Escobar González

LA SUSTENTABILIDAD COMO ESTRATEGIA DE RELACIONAMIENTO EXTERNO DE LA UNIÓN EUROPEA: acuerdo estratégico UE-Mercosurv

Palabras clave:

Multilateralism; sustainability; sustainable development; EU Agreement; Mercosur; precautionary principle.

Resumen

Observing the international universe, and the circumstances that make it up in the early years of this still young 21st century, it is interesting to approach the analysis of multilateral processes, both those that gave rise to the formation of multilateral organizations of a global nature and those that allowed the formation of regional integration processes between states, such as the EU and Mercosur. But when analyzing the processes of economic integration, which in general have the purpose of fomenting, improving or promoting economic development, today it is unavoidable to consider a variable that is the fundamental basis for this sought-after development, this variable present today in the actions and human concerns of all nature, is sustainability, not only environmental sustainability but sustainability as the axis of all commercial economic development. In this sense, in the present work we try to define the scope of the term sustainability, investigating it to know its treatment in the international order and its role in international trade. Once the central concepts that make up sustainability have been defined, the work will address the analysis of sustainability as a contributing factor in the search for balance in relations between States in the international order and in particular those economic and commercial relations that seek economic development and a joint economic growth where sustainability begins to be present as a defining factor of these relationships. Next, the article will investigate one of the Strategic Association Treaties between regional blocks of great importance, such as the European Union and Mercosur, which with its ratification would allow the formation of a market of more than 800 million consumers where sustainability becomes to be today an essential element for the definitive consolidation of this important Agreement. In order to complement the analysis of this Agreement and put it in context within the argumentation that this work proposes, an analysis of the Trade and Sustainability Chapter included in it will be carried out in the final part, considering it as a topic of great interest and a clear example related to the main theme of the work, and this is the way and manner in which the European Union relates to third States or Groups of Integrated States.

Liliana Bertoni

AS CONCEPÇÕES LATINO-AMERICANA E EUROPEIA DE COMÉRCIO JUSTO: o consumo consciente na implementação da agricultura sustentável

Palabras clave:

Fair Trade; Conscious consumerism; Sustainable agriculture.

Resumen

This paper aims to investigate the existence of a correlation between the European and Latin American conceptions of Fair Trade and the promotion of sustainable agriculture, especially from the perspective of encouraging a conscious and an ethical consumerism. The research was pure and qualitative. The approach method was the inductive reasoning and the procedure method, the monografic. The research techniques used were documental and bibliographical analysis. It was observed that Fair Trade is a plural movement, with several conceptions and manifestations, and that it covers the various stages of trade: from production to consumption. It was found that, despite having multiple dimensions and conceptions, Fair Trade is a relevant ally in the struggle for a qualitative transformation of consumption habits. In a scenario of political consumerism, by advocating for the transparency of consumer information about products that are harmful to the environment and health, Fair Trade helps the development of sustainable agriculture and the overcoming of the harms promoted by the traditional trade model.

Guilherme Domingos Wodtke, Maurício Dal Pozzo Schneider, Thyago de Pieri Bertoldi

MIGRAÇÃO SUSTENTÁVEL E AS EXTERNALIDADES DO PACTO GLOBAL E DO PACTO EUROPEU NO SUL GLOBAL

Palabras clave:

Migration; Global Compact on Migration; European Compact on Migration.

Resumen

The general objective of the article is to address the intrinsic relationship between migration and development, starting from the premise that migrating is a human right protected by international treaties and conventions and that the right to development is also a human right. In turn, the specific objective of the article is to analyze the externalities of the Global and European Pacts on Migration in the Global South to identify the existing discrepancies between the documents and whether they are constituted to promote or to stop safe, orderly and regular migration, an idea in which the relevance and justification of the work is concentrated, since the States exercise sovereignty to stop the entry of immigrants into their territories. The deductive method was chosen, with the technique of indirect documentation and the procedure of analysis of doctrine and legislation. The article intends to register an important scientific contribution on the externalities to be investigated, in order to answer the following question: are the Global and European Pacts on Migration effective in providing orderly, safe and regular migration in the world or are they just documents to stop migratory flows from the Global South?

Claudia Loureiro , Thiago Paluma

A MEDIAÇÃO AMBIENTAL COMO INSTRUMENTO OTIMIZADOR DO DESENVOLVIMENTO SOCIOECONÔMICO E SUSTENTÁVEL NAS RELAÇÕES INTERNACIONAIS DA UNIÃO EUROPEIA E DO BRASIL

Palabras clave:

Environmental Mediation; Globalization; European Union.

Resumen

The world in the 21st century is in continuous and frank transformation. Changes are increasingly occurring in a number of segments, including legal and environmental. The increase in environmental problems is a reflection of a risk society (Beck), whose behavior is incompatible with the balance of the environment and which brings to the international community an important alert for debates involving the public, private and social entities. organized civil society. Problems such as global warming, desertification, transnational pollution and food security are examples of some of the global concerns that affect everyone. In this global scenario, environmental mediation emerges as an instrument that can help those responsible, with the impacted society, to point out the problems that go beyond national borders. Environmental mediation, in a global order, is an option where actors involved in the debate and the problem will rely on negotiation techniques where all parties are well placed to best solve the problem, where the economic sector wins, which lacks environmental resources for development, society that lacks an ecologically balanced environment and the environment itself that cannot be exploited without threatening its balance and species. This article will address environmental mediation in a globalized society and especially as it exists in the European Union. In this scenario, the aforementioned legal institute, promising for the consensual settlement of conflicts, must be interpreted and analyzed in the light of the Constitution and from the global perspective of receiving this methodology, which can be implemented extrajudicially and contribute to the decongestion of the Judiciary in all. its segments, especially in environmental causes.

Marcus Luiz Dias Coelho

A PROTEÇÃO DA BIODIVERSIDADE NO NOVO ACORDO GLOBAL PÓS-2020: análise da proposta de regulamento sobre restauração da natureza da União Europeia

Resumen

This study aims to analyze the Proposal for a Regulation on Nature Restoration (PRNR) of the European Parliament and the Council published on June 22, 2022, which brings proposals for legally binding targets on nature restoration, within the context of a new post-2020 legal framework for biodiversity protection. The research is made based on the European Ecological Pact and its contribution to climate change mitigation, specifically its EU Biodiversity Strategy 2030 (EBIO), as well as from the assessment of the Convention on Biological Diversity (CBD), the Aichi Targets and what has been discussed for the COP-15. Then, the coordination between the EU biodiversity governance framework and the post-2020 framework proposed by the Parties to the CBD is examined. It starts with the following problem questions: Have the actions of the European Union (EU) been relevant to the fulfillment of the commitments assumed in its EBIO in the context of the PEE? Will the recently published PRRN help in the discussions surrounding a possible new global agreement on biodiversity after COP-15? Such questions will guide, respectively, topic 1 and topic 2. The methodology of the research will be deductive, descriptive and exploratory, through literature and documental analysis. As results, it was found that there was a delay in fulfilling the EBIO commitments. However, there was progress regarding the proposal of legally binding targets in the PRNR. A new global agreement for biodiversity is being outlined in the meetings for COP-15, and, despite the ambitious objectives, there is lack of political will and high-level leadership to close the most important points in time for the 2022 Conference. The study showed that efforts to conserve biodiversity cannot leave traditional communities aside throughout the processes of change.

Tarin Cristino Frota Mont´Alverne, Maria Cecília Girão Veras Lima

EL MARCO DE LA OMC COMO ESPACIO PARA DEFENDER LOS INTERESES DEL ESTADO: el bilateralismo frente al multilateralismo en los casos de las subvenciones agricolas, la propiedad intelectual y la respuesta a la pandemia

Palabras clave:

World Trade Organization, multilateral negotiations, bilateralism.

Resumen

The article analyzes the role of multilateral negotiation blocks within the WTO and the different coalitions of States in negotiation scenarios, as well as the reactions to them by the European Union and the United States. The article studies the tension between bilateral and multilateral interests in the Doha Round and other recent negotiating scenarios. In the first place, this phenomenon is analyzed in the field of agriculture, the subsidies inherent to the activity, the position of the most developed States, the limitations in negotiation events by the blocks that emerged as opposed to those. Secondly, an analysis of the phenomenon in the field of intellectual property is carried out, the restriction that States have suffered to defend and protect their initial claims in the matter and other recent cases such as the discussions on patents during the coronavirus pandemic. COVID-19.

Laura Victoria García-Matamoros , Walter Arévalo-Ramírez

ASSEGURAR PADRÕES DE PRODUÇÃO E DE CONSUMO SUSTENTÁVEIS COMO DEFINIDO PELOS OBJETIVOS DAS NAÇÕES UNIDAS PARA O DESENVOLVIMENTO SUSTENTÁVEL

Palabras clave:

SDGs; sustainable development; ecological economics.

Resumen

The legal principle of sustainable development has a long and debated history. Its application is no less conflicting. However, after the publication of the Sustainable Development Goals (SDGs) by the United Nations, its legal existence and the mandate for its implementation are unquestionable. Principle 12 of the SDGs is critical to achieving this. The discussion on new patterns of production and consumption is essential to ensure sustainability and life on Earth. For this, it is necessary that not only States but also companies, especially transnational ones, should be held accountable. Only through a new logic of production and consumption can we start a more sustainable life. In this regard, the principle of sustainable development, due to its normative force and wide international recognition, is fundamental to guide the necessary changes in production and consumption patterns to reverse the accelerated process of extinction that we are experiencing, as a result of the habits acquired as a result of the expansion of industrial society.

Cristiane Derani

Artículos

DIREITO E POLÍTICAS RELACIONADAS A OBRAS GERADAS POR INTELIGÊNCIA ARTIFICIAL NO BRASIL E NA UNIÃO EUROPEIA

Palabras clave:

Artificial Intelligence; Copyright; Intellectual Property.

Resumen

Investments in sophisticated technologies have enabled the creation of Artificial Intelligence (AI) systems capable of reproducing the behaviour of the human brain, with the ability to learn, decide and even create intellectual works. This technological reality drew the attention of the European Parliament and the Council of the European Union (EU), which began to pressure the development of research on AI and Intellectual Property (IP), to identify the best legal solutions to the factual situation of works generated by non-human agents. Responding to this call of the Parliament, this monograph proposes to investigate the feasibility of protection of intellectual works generated by AI systems in Brazil and the EU, based on current legislation, jurisprudence, and doctrine. To this end, the monograph is based on the hypothetical-deductive method, starting from a comparative approach, and divided into three main parts. The first part is destined to present the fundamental notions of AI and copyright. After this introduction, the second part assesses whether works generated by AI systems qualify as intellectual property subject to copyright protection, based on the case study of the painting The Next Rembrandt, identifying the issues related to the attribution of rights to human and non-human agents involved in the creation process. Finally, the third part is destined to examine the legislative proposals and governmental solutions suggested in Brazil and in the EU on the matter. Based on the acknowledgement of the insufficiency of traditional provisions to protect works generated by AI systems, it is concluded that the European Intellectual Property Office’s proposal for the elaboration of a sui generis system seems to be the most adequate solution to protect works generated by AI in Brazil and in the EU.

Sofia Frischenbruder Sulzbach

AS HABITANTES DA FRONTEIRA: as deficiências das políticas públicas de acolhimento a refugiados na União Europeia e seus impactos para mulheres refugiadas

Palabras clave:

Climate Change; Climate Justice; Planetary Boundaries; Ecological Economics.

Resumen

Environmental, social, humanitarian, and economic crises are part of the contemporary world. The exceeding of Earth’s limits manifests in various ways, including climate change, whose effects are already impacting various regions of the planet. Although this issue has been discussed for decades and subject to extensive international legal regulation, there are areas with significant potential for mitigation and adaptation to climate change that remain relatively unexplored. While traditional international trade arrangements are insufficient to promote well-being and the preservation of life on Earth, there is fertile ground for collaboration between international trade and climate change regimes. The European Green Deal, launched as a political project for ecological transition, has economic and trade-related objectives and implications. That stated, the overall objective of this research is to uncover the inconsistencies of the European Green Deal concerning ecological law parameters and its implications for global trade. This is a bibliographical research with descriptive purpose, deductive approach, and axiological interpretation. From the analysis of the European Green Deal based on selected parameters of ecological law, it was found that, although it reflects progress in the implementation of ecological law, the political project serves as a mechanism for maintaining power, reproducing the dominant capitalist logic, which diminishes its own transformative potential in the transition to an ecological paradigm.

Ana Victória Klovrza Diogo.

INVERSIONES EN DESARROLLO URBANO SOSTENIBLE: Entrevista con Mikkel Hall / Consejero en la Embajada de Dinamarca en Bogotá

Palabras clave:

Asylum; Gender based violence; European Union.

Resumen

In the midst of the so-called “crisis” of refugees in Europe, it is imperative to identify the particular challenges faced by refugee women and girls, in order to assess the effectiveness of public policies implemented for this social group. Assuming that there is specific violence suffered by refugee women, this article consists in a case study of refugee reception policies by European Union States between 2015 and 2021. Mobilizing Feminist and Decolonial theoretical approaches to International Relations and Subaltern Studies, it is concluded that direct and indirect violence is being perpetrated against refugees in EU countries. Thus, this work argues that public policies for refugees in the EU do not sufficiently reduce this situation of violence. The regional norms for the reception of refugees from the European Union, however, grant wide discretion to the Member States to implement public policies of this nature, which results in dissonances between the reception standards in each State. The reality of insufficiency and inefficiency of reception policies carried out by EU Member States on issues of gender-based violence, consists of a type of institutional silencing and the reproduction of subalternity.

Vera Lúcia Viegas-Liquidato