Este estudo tem por objetivo analisar e reconstruir os fundamentos da Teoria da Tributação e do Direito Tributário que regem a incidência do Imposto de Renda sobre operações conduzidas nos mercados financeiro e de capitais. Examinam-se, num primeiro momento, os preceitos norteadores da eqüidade, eficiência (nos seus dois vieses de neutralidade e desenvolvimento), simplicidade e conveniência, verificando-se em que medida o ordenamento jurídico-tributário posto está em consonância com a Teoria da Tributação. Na seara da Teoria da Tributação, destaque é dado ao trade-off (ou dilema) entre eficiência e eqüidade relativo à tributação da renda auferida nos mercados. Em momento subseqüente, analisam-se as regras constitucionais e complementares que moldam a incidência do Imposto de Renda e a maneira pela qual princípios e mandamentos constitucionais, concernentes à seara tributária ou não, atuam em relação à tributação da renda obtida nos mercados financeiro e de capitais. Nessa toada, papel de relevo possui a relação conflituosa existente entre o mandamento da tributação conforme a capacidade contributiva e a possibilidade de instituição de normas tributárias indutoras visando a objetivos extrafiscais. / This paper aims at analyzing and reconstructing the fundamentals of the Taxation Theory and of the Tax Law that guide the assessment of the Income Tax on transactions carried out within the financial and capital markets. At a first moment, we examine the guiding precepts of equity, efficiency (in its two aspects of neutrality and development), simplicity and convenience, then verifying in what measure the legislation in force is adequate in light of the Taxation Theory. In the field of the Taxation Theory, we highlight the trade-off between efficiency and equity in relation to the taxation of the income obtained in the markets. Afterwards, we analyze the constitutional and complementary rules that shape the assessment of the Income Tax and the manner by which tax and non-tax constitutional principles and guidelines act as regards the taxation of the income obtained within the financial and capital markets. In this sense, a paramount role shall be attributed to the conflictive relation between the ability-to-pay rule and the possibility of enacting tax norms aiming at non-fiscal purposes.

Made available in DSpace on 2016-03-15T19:34:28Z (GMT). No. of bitstreams: 1 Gabriela Fonseca Prada Cassiolato.pdf: 1337668 bytes, checksum: c2cadc3574b2ab1fa37da3bdc52be96c (MD5) Previous issue date: 2015-12-08 / This Master s thesis has the scope to deepen the knowledge on state tax incentives regarding ICMS and its misuse as an instrument to accomplish the constitutional objectives considering the Brazilian federalism characteristics. It aims to identify the peculiarities that forged a distorted model in the federative balance that allowed (and even reinforced) the birth and encouragement of what is known as tax harmful competition ; pointing out the various critiques that refute the theoretical notion that ICMS tax incentives represent unquestionably useful instruments in order to foster economic / social development and reduce the regional inequality that subsists in Brazil. / A presente dissertação tem por objetivo aprofundar o entendimento sobre os incentivos fiscais estaduais e a inadequação de seu manejo como instrumento de concretização dos objetivos constitucionais tendo em vista as características do federalismo brasileiro. Busca-se identificar as particularidades que forjaram um modelo com distorções no equilíbrio federativo que permitiram (e mesmo motivaram) a instalação e fortalecimento da guerra fiscal, com apontamento das críticas - sob diversas vertentes que refutam a concepção teórica de que os incentivos fiscais de ICMS consistem em mecanismos inegavelmente úteis para a promoção do desenvolvimento nacional e diminuição das desigualdades regionais.

Thesis (Ph. D. (Administration)) -- University of Limpopo, 2016 / The thesis drew from a combination of phenomenology, interactionism and critical theories because South Africa in itself consists of a polity with national dynamics, within the matrices of globality in which connectivity plays a determining role, especially in terms of the capacity to competitively participate in the global knowledge economy. Guided by reading collectively and critically from the economic, physical development, policy analysis, interpretative as well as collaboration planning approaches, among others, and the mono-centric, multilevel and adaptive models of governance, the thesis constructed a conceptual argument that the primate enablers for modernized infrastructure, skills and culture attached to the preconditions for blended pedagogies, are modernized planning and governance. However, the attainment of planning, governance, infrastructure and skills is in itself inadequate to inculcate the culture necessary for the integration of elearning with conventional didactics. This observation is confirmed through international experiences that involve the developed countries that are in the very high and high Human Development Index (HDI) categories such as Australia, Poland and Korea as well as Thailand, Brazil and Algeria, respectively, where the presence of planning, governance, infrastructure and skills has not automatically precipitated a culture required for blended pedagogies. This evidence does not seek to underplay the significance of planning, governance, infrastructure and skills in the integration of e-learning with conventional didactics, but the thesis has established that the existence of modernized planning, governance, infrastructure and skills are a necessary, rather than a sufficient, condition. From the literature review, the thesis deduces that e-culture is a virtually sufficient condition for the establishment of blended pedagogies. Hence, variables such as GDP per Capita, Gross Fixed Capital Formation, Average Annual Growth of General Government Final Consumption Expenditure, Research and Development Expenditure and Public Expenditure on Education, that demonstrate the level of human development of a country, do not necessarily reflect capacity to enable the establishment of blended pedagogies. Such conditions do not always coexist with pre-eminence of communication using Internet and/or Mobile Phones, characteristic of the “Net Generation Culture”. The vi latter, as a specific form of e-culture, is heavily dependent on infrastructure and skills which are, among others things, reflected in Gross Fixed Capital Formation, Employment to Population Ratio, Labour Force Participation Rate, Labour Force with Tertiary Education, Total Electrification Rate as well as Employment to Population Ratio. The observation made above is corroborated by the experiences of developing countries such as Vietnam, Zambia and Kenya, which are in the medium and low HDI categories, wherein the absence of appropriate and adequate infrastructure, skills and e-culture together with planning and governance imperil the evolution of the national culture into that of the “Net Natives”. From an empirical perspective, consistent with the hybridization of philosophy, the thesis conveniently selected a target population that consisted of a total of 15 countries, wherein 14 of these observations provide a backdrop against which South Africa’s relative readiness and appropriateness of planning, governance, infrastructure, culture and skills for blended pedagogies are determined. A combination of purposive and quota sampling procedures was adopted to select the 15 countries across the four HDI categories. The 15 countries are classified in terms of the 2015 United Nations Development Programme HDI conceptions, which produced four levels of “very high”, “high”, “medium” and “low”. A total of 28 variables were selected for Principal Component Analysis (PCA). The thesis used secondary data sources for textual and empirical data, where the latter was largely drawn from the United Nations Development Programme Reports. The textual data were analysed qualitatively through thorough descriptions, classification and drawing of connections, the statistical data were organized into a 15 (observations) by 28 (variables) raw data matrix and analysed through the PCA. Verbal tools were used to provide thick descriptions of contexts regarding historical, social, demographic and economic backgrounds in order to situate the motive underlying the planning and governance of blending e-learning pedagogies with conventional didactics in South Africa. From a quantitative perspective, PCA was used for statistical modelling that standardized the data and produced a variety of useful statistical summaries such as Principal Components, Eigenvalues, Communalities, Correlation Matrix, Component Loadings, Component Scores and Scattergrams. vii Given that the raw data consisted of 15 observations by 28 variables, a 28 by 28 variables correlation matrix was generated. Of the 378 correlations that the thesis discovered, 183 are direct and 195 are indirect. However, 276 of the 378 relationships are negligible; only 102 correlations were strong and significant enough to deserve closer examination. Principal Component Analysis extracted a total of 15 Principal Components; and, the first seven according to the thesis, accounted for the cumulative percentage of 92% in the interrelationships. Furthermore, it is evident that Principal Component 1 consists of the characteristics of Modernized, Planning, Governance, Infrastructure, Skills and Culture, which are diametrically different from the Frustrated Development, Unsustainable State Intervention and Societal Inequalities, Limiting e-infrastructure, e-skills Constraint, Muted Development Potential and the Non-existent e-culture that are associated with the rest. Given the significance and strength of the eigenvalue and component loadings on Principal Component (PC) 1, it should signify the presence of enabling environments for e-infrastructure, e-governance, e-culture and e-skills consistent with modernized planning and governance of blended pedagogies. Therefore, a country that scores negatively on PC 1 and positively on PC 2 would represent a society that is far less prepared for blended pedagogies where an unrelenting state investment for e-infrastructure, e-governance, eskills and e-culture would translate into a replacement behaviour rather than integration of conventional didactics with digital technologies. This infers that the status of governance, infrastructure, skills and culture would remain less optimal for the adoption of blended pedagogies. For such countries, investing heavily in blended pedagogies without first creating the requisite conditions for engagement in the global knowledge economy would imply that they would have sought to exploit non-existent capacity in governance, infrastructure, skills and culture. South Africa's component score on PC 1 is -0.58, which would in terms of the analysis mean that this country lacks the character of modernized planning, governance, infrastructure, skills and culture that are necessary for engendering blended pedagogies. Countries such as Norway, Australia, Poland, Korea, Thailand, Vietnam and Sri Lanka that have variably trotted the blended pedagogies score positively on PC 1. Besides, viii some of these countries have not been successful in blended pedagogies, notwithstanding their apparent enabling environments. Conversely, South Africa's component score on PC 2 is extraordinarily higher than all of the 14 countries; and, it is 2.15 points higher than the nearest score. It is important to recognize that South Africa's score on PC 2 is an extreme case and a virtual outlier that has no connection to the rest of the fourteen countries, especially those in the Medium and Low HDI. Overall, South Africa's component scores highlight the relative dearth of appropriate planning, governance, infrastructure, skills and culture, that are necessary for the adoption of blended pedagogies. Whereas the thesis finds that there is no direct correlation between the level of human development and adoption of blended pedagogies, the latter appears to be a result of convoluted processes that involve the creation of enablers for e-culture largely through planning, governance, infrastructure, skills and culture. These qualities are embedded with societal equality, equity of access to services, capital formation, employment, education as well as Internet infrastructure. The thesis therefore, concludes that South Africa's potential for human development is derailed through endless planning that has become an end in itself. Planning for its own sake, which defines South Africa's democratic history, means that modernized governance, skills and e-culture that are necessary for blended pedagogies have remained substandard. The thesis establishes that South Africa’s national as well as Information and Communication Technology (ICT) planning demonstrates ambition and interest, which is however pursued in the absence of effective governance of implementation and adoption of appropriate educational technologies. Evidently, South Africa is yet to attain modernized planning, governance, skills and culture appropriate for the implementation of blended pedagogies, notwithstanding the infrastructure provided in some of the schools for teaching and learning. Instead, South Africa’s pedagogic digital transformation is characterized by replacement of conventional didactics with e-learning rather than integration for blended pedagogies. Therefore, this evidence suggests that, although South Africa’s educational ICT infrastructure seems to be relatively modernized, the absence of appropriate and adequate planning, governance, skills and e-culture impairs the successful implementation of blended learning. The thesis, therefore, recommends ix that adoption of blended pedagogies should be supported through the creation of eculture in households, underwritten by modernized planning, governance, infrastructure and skills for competitive participation in the global knowledge economy.

The study focuses on an evaluation of the anti-corruption initiatives in Botswana and their relation to Botswana’s development. An evaluation was needed to find out whether the anti-corruption initiatives were effective and whether there were a correlation between the effectiveness of the Directorate on Corruption and Economic Crimes (DCEC) and the level of development in Botswana. This study showed that, the DCEC has succeeded to low corruption in Botswana through its most successful public education mandate and debatable good governance. The DCEC has helped to enhance service delivery in the public sector through the establishment of the Anti-Corruption Units (ACUs) within the Ministries aimed at tackling corruption in-house. Consequently, a significant slight improvement was registered in both public health and education sectors. However, that improvement was still minimal to the extent that it has been hampered by the challenging working conditions of the DCEC attributable to the inadequacy of legislation, lack of manpower, shortage of required skills and slow criminal justice system as well as the debatable independence of the DCEC, evidenced by its reporting and appointing lines. This implies that the impact of the DCEC in the development of Botswana has been minimal, as the country is still devastated by socio-economic disparities especially in rural areas. / Development Studies / M.A. (Development Studies)

The study focuses on an evaluation of the anti-corruption initiatives in Botswana and their relation to Botswana’s development. An evaluation was needed to find out whether the anti-corruption initiatives were effective and whether there were a correlation between the effectiveness of the Directorate on Corruption and Economic Crimes (DCEC) and the level of development in Botswana. This study showed that, the DCEC has succeeded to low corruption in Botswana through its most successful public education mandate and debatable good governance. The DCEC has helped to enhance service delivery in the public sector through the establishment of the Anti-Corruption Units (ACUs) within the Ministries aimed at tackling corruption in-house. Consequently, a significant slight improvement was registered in both public health and education sectors. However, that improvement was still minimal to the extent that it has been hampered by the challenging working conditions of the DCEC attributable to the inadequacy of legislation, lack of manpower, shortage of required skills and slow criminal justice system as well as the debatable independence of the DCEC, evidenced by its reporting and appointing lines. This implies that the impact of the DCEC in the development of Botswana has been minimal, as the country is still devastated by socio-economic disparities especially in rural areas. / Development Studies / M.A. (Development Studies)

本研究透過台灣創投基金的聲譽、國際化和政治連結等信號(Signal)，探討創投基金對於新創公司初次公開發行後的長期表現的影響。本研究之實證結果發現，創投基金的聲譽越高以及國際化程度越高，對於新創公司的長期表現有正向影響，但是創投基金與國發基金的政治連結卻產生非單一面向的結果，政治連結僅對於新創公司的長期研發投入具有正面顯著影響。政治連結會帶來負向的效果可能由於國發基金所推行的政策影響，或者是其中具有裙帶資本主義的干擾，導致受到國發基金所投資的創投基金對於新創公司的長期表現帶來負面影響。由本研究的結果我們可知若新創公司得到具有高聲譽或國際化的創投投資是對於其未來發展是有所幫助，所以新創公司在尋找創投基金合作時，可以以此作為考量的標準。 / In this research, venture capital reputation, degrees of internationalization, and the political links formed by venture capitals and Taiwanese National Development Fund are hypothesized to influence the long-run performance of start-ups. By utilizing a unique dataset of venture capital investment, we could investigate the sources of higher long-run performance of venture capital teams. Besides, we also inquire the impact of internationalization and political links of venture capitals on the performance of stat-up business. The results show that venture capitals with higher reputation or degrees of internalization impacts positively on long-term performance of start-ups. However, the political links formed between venture capitals and Taiwanese National Development Fund only affects business innovation measures positively. The policy focused or the crony capitalism long existing between Taiwanese National Development Fund and venture capitals can both be the major reasons to trigger the mixed investment influence. Thus, this research can shed some light on the intrinsic factors driving positive investment results other than the venture capital reputations.

At the dawn of democratic rule in the period 1994–1998, South Africa concluded 15 bilateral investment treaties (BITs), mostly with European nations. Some of these treaties were concluded before the Constitution of 1996. The country has since concluded a total of 47 BITs, with the majority not in effect as they were not ratified per the required constitutional processes. The policy decision to enter into BITs was taken by the African National Congress (ANC) government, led by the late former state president Nelson Mandela. The BITs were seen as an important guarantee to attract foreign investment into the country. The aim was to provide added assurance that foreign investments were safe in a democratic South Africa after many years of international isolation and sanctions. The conventional wisdom at the time was that BITs would increase foreign investor appetite to invest and the country would experience rising levels of foreign direct investment (FDI) as a result. This would facilitate economic growth and the transition of the country into the global economy. South Africa concluded BITs with seven of the top ten investor countries. In October 2013 the South African government cancelled a number of BITs with these European countries invested in South Africa. These countries – namely Belgium, Luxembourg, Spain, Switzerland, Germany and the Netherlands – complained of lack of consultation by the South Africans. On 1 November 2013 the Minister of Trade and Industry published, in Government Gazette No 36995, the Promotion and Protection of Investment Bill (PPIB or Investments Bill) as the proposed primary legislative instrument for the protection of foreign investments. This created much uncertainty among many European nations as well as in the United States of America (US), who were concerned about the motivation for cancelling bilateral treaties in favour of domestic legislation. BITs had been a part of the policy instruments regulating foreign investments in the country for over 20 years. Globally these treaties have been used to regulate foreign investments in a number of areas, and to provide protection to investments such as full protection and security, guaranteed pre-establishment rights, ease of repatriation of funds, most-favoured nation, fair and equitable treatment, national treatment and efficient dispute settlement mechanisms, among other provisions. In most cases international arbitration via the International Centre for the Settlement of Investment Disputes (ICSID) and other international arbitral mediums has been a standard provision in the treaties. This has allowed foreign investors to bypass host countries’ legal systems. The latter is believed to be a significant inducement for foreign investors, guaranteeing that should a dispute arise, or if an expropriation occurs, the investor could institute an international arbitral process against the host government. International arbitration is preferred by foreign investors for the reason that, in some cases, domestic courts may lack independence from the state, and may make partial rulings that do not protect investors. Furthermore, international arbitration processes are more efficient and produce rulings faster than domestic courts, which are usually burdened with bureaucratic procedures and limited resources. In cases where delay exacerbates injury, prompt resolution of disputes is preferable. This study evaluates the Investments Bill and the rationale applied by the government of South Africa to cancel BITs with major trade and investment partners in favour of this legislation. The thesis focuses on the Investments Bill, in light of the objective provided by the Department of Trade and Industry (DTI) for its enactment to law. The Investments Bill is subjected to a constitutional analysis to determine its compliance therewith. Comparisons are also made between the Investments Bill provisions and the prevailing international law principles on foreign investments. The Investments Bill is then critically evaluated against emerging trends on FDI regulation on the African continent to determine its congruence or lack thereof with best practice recommendations at regional economic community (REC) and African Union (AU) level. The thesis concludes with a set of policy recommendations to the DTI on how to improve South African policies related to the regulation of foreign investments taking into account the national imperative as well as Southern African Development Community (SADC) and other broader African continental objectives of harmonisation of FDI regulation, including the Tripartite Free Trade Area (FTA) implementation. The timing of this thesis is significant for South Africa. It adds to various deliberations that are taking place as the Investments Bill is set to makes its way through the legislative approval processes in 2015. The Bill has been met with opposition from some segments of society. Others have expressed support – including several state departments, the ANC, the South African Communist Party (SACP) and other political formations. The summary of findings contained in the thesis will be presented to the DTI to influence policy directions of the state in terms of foreign investment regulations. Should the Bill be enacted, the Minister of Trade and Industry is required to promulgate the dispute resolution mechanism that will govern investment disputes. The findings of this study will be important to the determination of how such dispute resolution mechanisms may function. Furthermore, in 2010 Cabinet instructed the DTI to develop a model new-generation BIT Template to be utilised by South Africa, should a compelling reason arise to enter into bilateral agreements. The research results will assist policy-makers to develop policies that are consistent with and align with the overarching Africa strategy that has been heavily promoted by South Africa. The country faces a number of challenges, particularly those related to low economic growth, high levels of poverty, unemployment and record levels of inequality. The gap between the rich and poor, in terms of the Gini coefficient, was 0,67 based on the World Bank Development Research Group Report of 2010. It is reported as one of the highest in the world and is believed to have worsened since the dawn of democracy. / Public, Constitutional and International Law / LL. D. (Public, Constitutional and International Law)

Made available in DSpace on 2016-03-15T19:34:29Z (GMT). No. of bitstreams: 1 Jose Carlos Higa de Freitas.pdf: 980227 bytes, checksum: 38796f1d72c0038c186dddc6f102e13c (MD5) Previous issue date: 2016-01-29 / This dissertation aims at analysing the new regulatory framework for the port sector established with the enactment of Law nº. 12.815 of June 5th 2013, which was regulated by Decree 8.033 of June 27th 2013. This study focus on the change of functions of the main administrative bodies that are responsible for regulating the port sector, especially the concentration of powers at the federal level. Furthermore, it also discusses the changes in the forms of exploitation of ports and port facilities, contemplating a possible regulatory asymmetry that is reflected on the port work. All changes promoted by the new regulatory framework for the port sector are analyzed according to the National Transportation System, considering the role they can play in ensuring national development, which is treated from the perspective of regional integration and modification of economic and social structures. Finally, we highlighted issues which were not discussed directly by the new law of the ports but need to be considered to picture the port as a development tool. / A presente dissertação pretende discutir o novo marco regulatório do setor portuário estabelecido com a promulgação da Lei n°. 12.815 de 5 de junho de 2013, que foi regulamentada pelo Decreto nº. 8.033 de 27 de junho de 2013. O foco do estudo está voltado para as mudanças das atribuições dos principais órgãos administrativos responsáveis pela regulação do setor portuário, com destaque para a concentração de atribuições na esfera federal. Ademais, se discutem também as alterações nas formas de exploração dos portos e nas instalações portuárias, vislumbrando uma possível assimetria regulatória que se reflete sobre o trabalho portuário. Todas as mudanças promovidas pelo novo marco regulatório do setor portuário são tratadas à luz do Sistema Nacional de Viação, considerando o papel que elas podem desempenhar para garantir o desenvolvimento nacional, sendo esse conceito tratado sob a perspectiva de integração regional e de modificação das estruturas econômicas e sociais. Por fim, são apontados elementos que não foram discutidos diretamente pela nova lei dos portos, mas que precisam ser considerados para se imaginar o porto como instrumento de desenvolvimento.

This master‘s thesis describes the process associated with financial benefit from ESF. It includes the feasibility study concept and the barriers to realization of project. The feasibility study is integral part of appeal for financial benefit from ESF.

Thi s study aims to assess the implementation of the National Development P lan (NDP) and the impact it has had on the provision of human settlements in Gauteng. Th is dissertation has used qualitative research methodology. This nuanced approach has enabled an e laborate exploration and understanding of the NDP as a policy strategy and provided the tools to measure its impact on the provision of human settlements in Gauteng. For this research, the participants were selected purposively based on their expertise in the field of human settlements. The researcher conducted in depth interviews with 15 senior policymakers in the Gauteng Department of Human Settlements and South Africa’s National Department of Human Settlements and collect ed data on human settlements, wh ich fed, into the findings and recommendations of the dissertation This study has argued that housing policies in South Africa have evolved since 1994, moving away from redress and distribution to an approach of creating sustainable integrated human settl ements. It has also assessed how the Gauteng Department of Human Settlements set out to generate inclusive and integrated settlements through the creation of “new towns”. The building of these “new towns” is in line with the provincial government’s mandate of delivering integrated human settlements in the province. South Africa’s Department of Human Settlements and the Gauteng provincial government introduced the Megaprojects in 2014 as a R100billion economic corridor investment, which aims to provide 800 0 00 housing opportunities across five corridors in Gauteng. Despite these initiatives, the provincial Department continues to face several constraints such as population growth, migration, unavailability of land, housing backlogs, a high rate of informal settlements, corruption, poor implementation of policies, and a lack of economic growth and budgetary constraints. The dissertation’s findings suggest that t hese challenges need to be tackled at the policy level the Department of Human Settlements must pr ioritise implementation, good governance and promote greater professionalism within the housing sector in order to achieve these targets . The study further found that p olicymakers must also view housing as a specialised field that requires extensive consul tation and implementation plans that are carefully tailored to address any challenge s that the Department of Human Settlements could potentially encounter during the implementation phase . Only with these changes, can these targets be met. / Public Administration and Management / M. Admin. (Public Administration)