Made available in DSpace on 2016-04-26T20:25:08Z (GMT). No. of bitstreams: 1 DIR - Mario Hermes T de Loureiro Filho.pdf: 1768267 bytes, checksum: b9eb01d69d412ae531ff03e26c0126bb (MD5) Previous issue date: 2006-10-17 / This study is aimed at checking the performance limits of the power of constitutional reform in its permanent manner related to the change of the discrimination of tributary competencies which belong to the political people who are part of the Brazilian State. This is due to the fact of the recent reform cycle of the constitution which through a high number of amendments has been systematically changing the discrimination above mentioned by extinguishing taxes, creating new ones, or even just altering their archetypes. Our main hypothesis is based on the premise that the State power for taxation is practiced by means of tax competencies which are set by the Federal Constitution, and also that the discrimination of such competencies may suffer changes since the performance limits of the constituent derived power are respected. The approach for the theme is still based on a systemic view of the positive law and its specific way to answer to the stimulus of other systems with which it interacts. And among them we highlight the political and economic systems since our hypothesis is closely linked to taxation whose subject was exhaustively dealt with by the Federal Constitution. In this context we analyzed the features of tax competency and the consequences derived from them, as well as the limits imposed to the practice of the power of constitutional reform. After concluding that only by an isolated analysis it is possible to know if the reforming power acted within the limits imposed to it by the originator constituent, our next step was to take into consideration in a specific way the constitutional validity of the EC no. 33/01 which altered the Federal Constitution (art. 155, § 2º, IX, a ) so as to allow the States and Brasília, the Brazilian capital, to establish the ICMS tax also when importing goods / O objetivo deste trabalho é verificar os limites de atuação do poder de reforma constitucional, em sua via permanente, no tocante à alteração da discriminação das competências tributárias das pessoas políticas que integram o Estado brasileiro, tendo em vista o recente ciclo de reforma da constituição, que, por meio de um elevado número de emendas, vem, sistematicamente, modificando aquela discriminação, seja pela extinção de tributos, pela criação de outros ou, até mesmo, pela simples alteração de seus arquétipos. A nossa hipótese central baseia-se na premissa de que o poder de tributar do Estado é exercitado por meio de competências tributárias fixadas na Constituição Federal, e que a discriminação dessas competências pode sofrer alterações, desde que respeitados os limites de atuação do poder constituinte derivado. A abordagem do tema funda-se, ainda, numa visão sistêmica do direito positivo e sua forma específica de responder aos estímulos de outros sistemas, que com ele interagem, dentre os quais destacamos o sistema político e o sistema econômico, uma vez que a nossa hipótese está intimamente ligada à tributação, cuja matéria foi exaustivamente tratada pela Constituição Federal. Nesse contexto, analisamos as características da competência tributária e as conseqüências que dela advêm, como, também, as limitações impostas ao exercício do poder de reforma constitucional. Após concluir que somente por meio de uma análise isolada é possível saber se o poder reformador agiu dentro dos limites a ele impostos pelo poder constituinte originário, passamos a considerar, de modo específico, a constitucionalidade da EC nº 33/01, que alterou a Constituição Federal (art. 155, § 2º, IX, a ) de forma a permitir aos Estados e ao Distrito Federal a instituição do ICMS também nas hipóteses de importação de bens

The first essay studies the Marginal Cost of Funds in the existence of tax evasion. We develop a general equilibrium model of tax evasion, including the expected utility of taxpayers and three different revenue-raising government policies. In this rich model environment, we analytically derive the marginal cost of funds (MCF) for the alternative policy instruments. We consider two main fiscal reforms: the revision in the nonlinear tax scheme and the changes in enforcement mechanism (the audit and penalty rates). First, we derive the MCF for the tax reform and find its key determinants. The derived MCF is greater than the previous ones since it includes a "risk-bearing cost" as well as tax distortion. The reform in enforcement mechanism generates MCFs in different forms. Two more MCFs with respect to audit and penalty rates are presented. Finally, we compare these three different MCFs in numerical example and provide some policy implications. The second essay explores optimal tax structure in the presence of status effect. When the consumption of certain goods affects one's social status, this externality creates two opposite effects in a society. Seeking higher status through “positional goods" gives individuals much incentive to supply labor but still allocates income for less “nonpositional goods" as well. In this case, differential taxes on positional goods work as corrective instruments to internalize the social cost stemming from status seeking. Furthermore, the differential taxes generate revenue that can be used to alleviate preexisting income tax distortion. Thus, the differential taxes on positional goods could give so called “double dividend." I develop a game-theoretic model in which each individual with a different labor productivity unknown to the others engages in a status-seeking game, and the government has a revenue requirement. Then I show that, under a condition in which utility is separable between positional goods and leisure, a revenue-neutral shift in the tax mix away from nonlinear income taxes towards positional-good taxes enhances welfare. Hence, the differential taxes on positional goods are necessary together with the nonlinear income taxes for an optimal tax structure. The third essay explores the impact of increasing capital mobility on regional growth and environment. I develop an endogenous growth model in which each local government competes against the others, to induce imperfectly mobile stock of capital into its region. Then I show that an increase in capital mobility generates “tax importing" due to which each locality experiences a higher growth rate and more degraded environment. That is, the increasing mobility dampens the capital tax and transfers the burden of pollution abatement to the locality. This finding supports the hypothesis of “race to the bottom" in environmental standards. Identifying a reduction in overall welfare of residents, I consider two alternative federal interventions in the model: uniform environmental standard and requirement of lump sum transfer or tax. Both of these federal instruments enhance the residents' welfare. / text

From the Proceedings of the 1975 Meetings of the Arizona Section - American Water Resources Assn. and the Hydrology Section - Arizona Academy of Science - April 11-12, 1975, Tempe, Arizona / From the establishment of the Arizona resources board in 1928 until the Arizona Water Commission was formed in 1971, no state water plan was developed. Since 1971, the longest and most intensive planning studies have been concerned with allocation of Colorado River water through the central Arizona project. Future plans involve desalting sea water, weather modification, importation of water, etc. The Arizona state water plan ultimately will be a plan of management of Arizona's limited water resources. Water plans and economic and environmental impact evaluations are scheduled for completion by july, 1977.

From the Proceedings of the 1975 Meetings of the Arizona Section - American Water Resources Assn. and the Hydrology Section - Arizona Academy of Science - April 11-12, 1975, Tempe, Arizona / The Tulare Lake basin at the base of the Sierra Nevada Mountains is the basis for water supply for several cities and a highly productive agricultural area. Little attention has been given to groundwater quality during the past one hundred years. A careful study of the salt balance produced a set of guidelines for future groundwater managers to follow. The major emphasis for future water consumption should be the efficient use of irrigation. This would produce a positive impact on groundwater quality, energy savings, and less imported water would be needed. Groundwater management in the future must consider water quality as well as quantity. Appropriate monitoring programs are urgently needed to provide data on trends in groundwater quality.

We begin with a short analysis of the history of Investor-State Dispute Settlement (ISDS). We then discuss the merits and demerits of the regime, such as the arguments between finality, speediness, and correctness. Following from this, historical reforms are discussed, and whether those issues have gotten worse or better since these discussions. The modern problems are discussed, leading to the explanation of the “legitimacy crisis”. As Appellate Mechanisms (AM) and Investment Court Systems (ICS) both propose multi layered systems, we argue whether ISDS must be a “one bite at the apple” system. We expand on the issues of regulatory chill, before showing the contradictions in the granting of awards. From this, a discussion is raised on the advantages of a tenured system of adjudicators, particularly in reference to their apparent bias. We delve deeper into the direct consequences of the perceived issues of ISDS, in the context of human rights, the environment, and other issues of sovereignty.As more reforms are suggested, the question of “what makes arbitration, arbitration?” is raised. From here, we may begin to suggest reforms based on which key factors are to be preserved. Firstly, we discuss current reform options, such as the Mauritius Convention. We take inspiration from existing AM, and prior discussions on the implementation of such a system across the International Centre for Settlement of Investment Disputes (ICSID) and United Nations Commission on International Trade Law (UNCITRAL) frameworks. We analyse whether these discussions have led to change by comparing trends in drafting.Thereon, we offer suggestions of reform. ICS and how this would be implemented, what it would look like structurally, and its positive and negative effects. Using the Comprehensive Economic and Trade Agreement (CETA) and other contemporary ICS reform suggestions, we gain some knowledge of what an ICS regime could and should look like, the implementation of AM previously discussed in this regime, and other. Finally, we offer a different solution to the problems, yet less pragmatic, the termination of arbitration.

From the Proceedings of the 1972 Meetings of the Arizona Section - American Water Resources Assn. and the Hydrology Section - Arizona Academy of Science - May 5-6, 1972, Prescott, Arizona / Experimental and historical development of the systematic study of water is briefly reviewed to prove hydrology a science. The hydrology program at the university of Arizona is outlined, and details of the course 'water and the environment' are expounded. This introductory course is intended for non-scientific oriented students at this southwestern university. A reading list is provided for the class, and scientifically designed laboratory experiments are developed. The first semester includes discussion of world water inventory; occurrence of water; hydrologic cycle; interaction of oceanography, meteorology, geology, biology, glaciology, geomorphology and soils; properties of water (physical, biological, chemical), and resources development. The second semester discusses municipal, industrial and agricultural water requirements, surface, ground, imported and effluent water resources management; water law; economic, legal, political, and social water resource planning; ecological impact; patterns of use; and survival of man. Mathematical problems are reviewed along with ecological orientation of students.