Macau Journal of Brazilian Studies 2018年第1期要目 | 法宝期刊
《Macau Journal of Brazilian Studies》已加入北大法宝法学期刊数据库，请登录www.pkulaw.cn查看期刊全文。北大法宝法学期刊库已收录168种期刊，其中核心期刊65种，非核心期刊49种，集刊48种，英文期刊6种。截止2018年4月30日北大法宝法学期刊库共收录了72371位作者的209161篇文章。诚挚邀请更多法学期刊入驻北大法宝，广泛传播，服务社会，共塑品牌。联系邮箱：journal@chinalawinfo.com。
《澳门巴西研究期刊》（以下简称本刊，英文缩写为MJBS）由澳门巴西研究学会出版（葡文缩写为AEBM）。澳门巴西研究学会是致力于为促进和发展中国–巴西关系提供理论支持和建设性倡议的高端智库。
作为研究性学术刊物，《澳门巴西研究》旨在提供一个具有深度、广度关于巴西研究的国际性平台。除了学术对话之外，本刊也尤其欢迎写作的内容和风格以飨广大读者以及中国-巴西经贸关系的政策制定者的稿件。
本刊采用双向匿名评审机制来保证稿件的质量和价值。
本刊一年出版2期，分别于每年4月和10月出版。除了印刷版（ISSN 2523-6601）之外，本刊也在线出版（ISSN 2523-661X），在线版本可见于在澳门巴西研究学会的官方网站〈www.aebm.mo〉。本刊的出版得到了澳门基金会的资助。
《Macau Journal of Brazilian Studies》2018年第1期要目
ARTICLE BY INVITATION
1.THE TRANSFORMATION AND UPGRADING OF BILATERAL ECONOMIC AND TRADE RELATIONS BETWEEN CHINA AND BRAZIL
Author:Permanent Secretariat of the Forum for Economic and Trade Co-operation between China and Portuguese-speaking Countries （Macao）
Abstract:This article reviews the transformation and upgrading process of China-Brazil bilateral economic and trade relations on trade, investment, finance and services, from the Chinese perspective.
The volume of trade between China and Brazil reached a record high in 2013. It then dropped afterwards due to economic recession in Brazil, but data from 2017 shows an encouraging recovery. Trade relations have strong support from the highest political authorities, including the Chinese President, Xi Jinping.
Chinese investment in Brazil increased and has been highly diversified since 2010. Despite the aforementioned economic recession after 2013 and losses suffered by many companies, their persistence, a step by step approach and diversified development approach assured their success in Brazil. This success was helped by Brazil's investment partnership program （infrastructure-based privatization investment plan） launched in 2016.
On the financial realm, at first, Chinese financial institutions chose to issue commercial loans to support the implementation of relevant projects. Afterwards, in order to support mergers and acquisitions investment of Chinese enterprises in Brazil, they began to apply syndicated loans and financial investments. On services, China and Brazil have effectively cooperated on important areas, but this should be a good time to expand and strengthen such cooperation to more areas.
Key words:Economic and Trade Relations; Investment; Cooperation between China and Brazil
MANUSCRIPTS
2.MERGERS IN LATIN AMERICA: A CHILEAN, MEXICAN AND BRAZILIAN APPROACH
Author:Fernando M. Furlan（Economic Law and Applied Economics at FACIPLAC Law School）
Abstract:The article analyses the merger review systems of Brazil, Chile and Mexico and their latest changes and developments.
Brazil with it's new Competition law made a radical change in M&A review with an ex- ante system. Chile finally implemented a mandatory merger review system and Mexico undertook significant changes in it's institutional framework, including the creation of specialized courts on Competition and Telecom.
Key words:Mergers & Acquisitions; Competition; Antitrust; Latin America
3.INTERNATIONAL PROTECTION OF CONSUMERS: THE ILA'S RECOMMENDATIONS AND GUIDELINES ON THE INTERNATIONAL CONSUMER CONTRACTS AND THE ROLE OF IACL
Author:Claudia Lima Marques（the Federal University of Rio Grande do Sul, UFRGS （Porto Alegre, Brazil））
Abstract:The Revision of the United Nations Guidelines on Consumer Protection and the creation of an Intergovernmental Group of Experts at the United Nations Conference on Trade and Development bring hope again for better days on consumer protection all over the world. On the subject of the international protection of consumers two associations have meet and joined forces: the International Law Association and the International Association of Consumer Law. This Article will analyze the role of these two associations to enhance the consumer protection in our world.
The International Law Association's Committee on International Protection of Consumers contribution came first with the approval of the Sofia Statement on the Development of International Principles on Consumer Protection. The second major contribution came through the Johannesburg International Law Association Resolution, which analyzes all the models used by national and international actors on respect of the law applicable for international consumer contracts and also contain a second part – the Johannesburg Recommendation on international protection of consumers.
By its turn the International Association of Consumer Law has until today acted more as an academic association but since the creation of the Intergovernmental Group of Experts on Consumer Policy and Law has acted also as observer.
Key words:United Nations Guidelines on Consumer Protection; United Nations Conference on Trade and Development; international protection of consumers; International Law Association; International Association of Consumer Law
4.BRICS COUNTRIES: FRATERNITY AS A TOOL TO IMPROVE THE RIGHT TO HEALTH
Author:Sandra Regina Martini, Germano Schwartz & Matteo Finco（the Master's in Human Rights at Ritter dos Reis University Centre; Ritter dos Reis University Centre; Ritter dos Reis University Centre）
Abstract:In BRICS' context, how is it possible to approach such distant and different realities? In which way these differences can be decreased? The birth of the BRICS group is a bid on difference: how a new form of cooperation between countries could be realized? This research is set to identify how is possible to find “bridges” between these nations, especially about health. It used the Metatheory of Fraternal Law because, through this methodology, it is possible to identify how the model of health of each country may complement others. This, with the awareness that the right to health is a bridge through which make other social rights effective. Thus, precisely for integrating this group, composed by geographically distant and very different countries – that however are capable of a fraternal view （to see the other as another-me）– it is possible to visualize concrete possibilities of social transformation trough a new way of international cooperation. In fact these countries, beside the economic development, seems to be able to make human rights effective.
Key words:BRICS; Right to health; Metatheory of Fraternal Law; Fraternity
5.SCHOOL VIOLENCE AND THE DILEMMAS OF SOCIAL CONTROL: FOR A SAFE SCHOOL IN 21ST CENTURY
Author:José Vicente Tavares dos Santos（Advanced Studies - Federal University of Rio Grande do Sul, Porto Alegre, Brazil）
Abstract:The panorama in the 21st century is marked by world social issues, which express themselves in an articulated way but with certain specificities. The social conflict centred on work since the 19th century has turned into more complex and global issues, since several dimensions of social life have come to be collectively questioned, among them that of social relations in urban spaces. One of the new global social issues is the School Violence. The understanding of the relation between school and practices of violence against property entails the reconstruction of the complexity of social relationships present within the social space in school. In this article, we will discuss this social fact founded in some researches that have been done in Brazil, our most important field work, but also in French, the United States, Canada, South Africa, Mexico and Hong Kong. We will explain the school violence question in four parts:1. Introduction: a new social issue;2. The Explanation of School Violence;3. The Brazilian Society and the School Violence; and 4. Social struggles and school violence: the possibilities of pacification. The conclusion points out a dialogical approach on school violence which explains violence as a problem to be worked in a pedagogical content. Therefore, in order to guarantee the discourse of dialogue, not only the strengthening of school institutions and the affirmation of a multicultural social space is necessary, but also the recognition of conflict as potentially generating social bonds. In this way, the fundamental condition is that mediation and negotiation are deployed as a strategy for conflict resolution in the school institution.
Key words：School Violence; Brazil; Safe School; Youth; Recognition; Mediation
6.BRAZIL'S FAILURE TO GRAB A UN SECURITY COUNCIL PERMANENT SEAT: A TALE OF EXPECTATIONS AND DISAPPOINTMENT
Author:Dawisson Belém Lopes & Aziz Tuffi Saliba（International and Comparative Politics at the Federal University of Minas Gerais, Brazil; International Law at the Federal University de Minas Gerais, Brazil）
Abstract:This article aims at delivering an account on why Brazil, a World War II victor and arguably the most important Latin American representative at the time of the foundation of the United Nations, failed in winning a permanent seat at the United Nations Security Council in 1945. Our article intends to shed light on systemic as well as domestic aspects of the problem – such as the dynamics involving Brazil and Latin America vis-à-vis the rest of the world in the early 1940s, the strong opposition faced from the United Kingdom and the Soviet Union as the proposal of granting a permanent seat to Brazil at the United Nations Security Council was put forward, the way Brazilian diplomats, politicians, and general stakeholders have handled the question, the conflict between 'regionalistic' versus 'universalistic' approaches toward the United Nations Security Council membership, the different legal understandings that have been forged over the years regarding the veto power and its uses etc. We conclude with a pessimistic prognosis on the odds of having Brazil as a United Nations Security Council permanent member （thus as a veto power holder） any time soon, given its regionally grounded middle-power profile as well as the United Nations reform's inherent contradictions and practical traps.
Key words:United Nations; United Nations Security Council; United Nations Permanent Member; Brazil; Latin America
7.LOCATIONS／ POSITIONALITIES: WOMEN'S WRITING IN XIX CENTURY BRAZIL
Author:Rita Terezinha Schmidt（the Federal University of Rio Grande do Sul, Brazil）
Abstract:Currently, the globalization, hegemony of marketplace doctrine, transnational capitalism and mediated mass culture consumption seem to have profound effects on national cultures. However, while profoundly affecting national cultures, this phenomena has, at the same time, stimulated the theorization of political, social, historical and symbolical implications subsumed and fostered by the technologies of nationalism, past and present. This article uses the background of the historical conditions resulting from the processes of colonization and slavery in Brazil, and examines some specific issues in non-canonical Brazilian fiction: of place, of time, of writing, of voices and positionalities, and tries to discuss the complex problems, namely, if it is possible to chart another representational economy that disturbs the genealogy of national narratives and, consequently, questions the idealistic configurations of nationhood.
Key words:Women's Writing; Margin; Nationalism; Brazilian literature
8.WHY WE NEED AN INTERNATIONAL TRIBUNAL FOR THE INTERNET: A BRAZILIAN PERSPECTIVE
Author:Daniel Freire e Almeida（Postdoctoral Researcher - Georgetown University）
Abstract:The main goal of this article is to demonstrate the necessity and the proposal to establish an International Tribunal for the Internet. The working paper is divided into two sections. First, it raises some arguments and innovative aspects introduced by the Internet and the consequent challenges on jurisdictional enforcement, from the Brazilian perspective. In the second section, more specifically, it suggests that an International Tribunal for the Internet shall be established due to the challenges that national jurisdictions are facing to enforce its law and judicial decisions.
Key words:International Tribunals; International Law; Internet Law; Cyber Law; International Courts
9.THE CHOICE OF COURT CLAUSE IN INTERNATIONAL CONSUMER CONTRACTS: THE EFFECTIVENESS OF CONSUMER ACCESS TO JUSTICE IN THE MERCOSUR COUNTRIES
Author:Alberto do Amaral Júnior & Luciane Klein Vieira（the Faculty of Law of the University of São Paulo （USP）； University of Buenos Aires - UBA）
Abstract:In the Southern Common Market, the regional consumer protection issue has been a concern for legal scholars because of the absence of protection rules and the vulnerability which characterizes consumers. In this regard, the possibility of choosing the competent judge in international contracts of consumption becomes a measure of protection to the legally weaker party. This article mainly examines the changes in international jurisdiction in Argentine and Brazilian domestic law, and also considers the state of the art in the other States that did not even introduce modifications, to see whether they include the possibility of choosing the competent judge in international contracts of consumption or if this is partially or totally prohibited by the legislator, as a measure of legal protection in Mercosur States.
Key words：Cross-Border Consumers; International Contracts of Consumption; International Jurisdiction
10.NEW CIVIL-INSTRUMENTAL IDENTITY OF THE CONSUMER BASED ON THE BRAZILIAN CONSUMER POLICY
Author:Dennis Verbicaro（the University of Salamanca （Spain））
Abstract:In sum, the article aims to analyse the formation of civil identity and consumer actions as an expression of deliberative democracy, and the qualified public participation in the Brazilian's Policy for Consumer Relations. Besides, it identifies the State as an important developer of effective and qualified civil society input, ensuring better prevention and prosecution of offenses committed in the market, and also improving the quality and safety of consumption's goods and services in general.
Key words:Brazilian's Policy of Consumer Relations; Civil-instrumental citizenship; Consumer Law; Shared Political Authority; Solidarity