Past, Present, Future is an immersive and interactive art installation that seeks to put displaced Congolese and African artwork - commonly displayed in world museums - into their original cultural context. The exhibit's immersive experience sheds light on the colonial exploitation of African peoples and their lifestyles: specifically the expropriation of lived African spiritual and artistic expressions. These artifacts - sometimes stolen outright, sometimes obtained through imbalanced terms of trade, and sometimes obtained by fair bargain - often appear in exhibits as disembodied objects devoid of explanation or reinterpreted through the conceptions of the exploiters. This phenomenon has historically supported the consciousness of colonialism and now of post- and neo-colonialism, maintaining its propagation through museums, schools, and other institutions worldwide. The exhibition is composed of a virtual environment in addition to projection mapping. The visual, aural, and interactive elements engage with and challenge the viewer's culturally conditioned ways of thought regarding artwork "consumption." This thesis, building on the exhibition, examines the possibilities of employing evolving technology and coding toward the long-term task of "softly" repatriating displaced artifacts while starting a conversation about physical repatriation and providing a model that Congolese scholars and artists can use to preserve and reclaim their cultural heritage. / Master of Fine Arts / Pieces of art from Congo and much of Africa are often perceived in the Western world as exotic objects to be looked at and photographed. To the Congolese people, those objects are an essential part of their ongoing life. It goes without saying that they are central to the collective spirit, sense of the world, cultural identity, and ancestral history. Past, Present, Future is an immersive art installation that takes displaced works from Congo and other settings in Africa and restores their living context through a Congolese artist's lens. This paper examines the process by which they were extracted from their home and found their way onto Western institutions, what they were and what was lost, and how through contemporary technology-integrated creative expression, they may be made whole for the enrichment of those from whom they came, their current hosts, and people everywhere.

Submitted by RAFAEL VÉRAS DE FREITAS (rafael.veras@lllaw.com.br) on 2016-02-19T17:44:37Z No. of bitstreams: 1 Versão Final Aprovada da dissertação .pdf: 3707426 bytes, checksum: 60a6a4a1af0efffadf1ad9c675f09201 (MD5) / Approved for entry into archive by BRUNA BARROS (bruna.barros@fgv.br) on 2016-03-01T18:01:23Z (GMT) No. of bitstreams: 1 Versão Final Aprovada da dissertação .pdf: 3707426 bytes, checksum: 60a6a4a1af0efffadf1ad9c675f09201 (MD5) / Approved for entry into archive by Marcia Bacha (marcia.bacha@fgv.br) on 2016-03-07T14:17:48Z (GMT) No. of bitstreams: 1 Versão Final Aprovada da dissertação .pdf: 3707426 bytes, checksum: 60a6a4a1af0efffadf1ad9c675f09201 (MD5) / Made available in DSpace on 2016-03-07T14:18:04Z (GMT). No. of bitstreams: 1 Versão Final Aprovada da dissertação .pdf: 3707426 bytes, checksum: 60a6a4a1af0efffadf1ad9c675f09201 (MD5) Previous issue date: 2016-01-28 / This dissertation aims to present a proposal on the legal regime of regulatory expropriation in the light of national law. It is a regulation which subtracts or minimizes the right to property, which does not follow the formal transfer of the domain to the State, without the establishment of the regulatory due process of law referred in the Article 5, item XXXIV of the Constitution of the Republic – CRFB, which requires the payment of a prior and fair compensation to expropriated. To this end, it will be investigated if the institutions through which the state intervenes in private property realize this phenomenon, or is it a failure of regulation. Finally, will be presented a proposal, de lege ferenda, of the compatibility of this phenomenon with the Brazilian Legal System. / Esta dissertação busca investigar as consequências jurídicas das expropriações normativas. Trata-se de um ato regulatório, genérico e abstrato, que subtrai ou minimiza o direito de propriedade, do qual não decorre a transferência formal do domínio para Poder Público. A problemática tem lugar na medida em que essa ablação normativa é levada a efeito, sem o estabelecimento do devido processo legal expropriatório (previsto no art. 5º, inciso XXXIV, da Constituição da República – CRFB), o qual impõe o pagamento de uma prévia e justa indenização ao expropriado. Para este fim, será investigado se os institutos por meio dos quais o Estado intervém na propriedade privada (desapropriação, limitação administrativa, ocupação temporária, requisição administrativa, tombamento) dão conta desse fenômeno, ou se se trata de uma falha da regulação, que produz consequências jurídicas. Ao final, será apresentada uma proposta, de lege ferenda, de disciplina desse fenômeno

This study briefly discusses land restitution in several countries in Europe and the Americas, the history of land deprivation in South Africa, and the legislation introduced to remedy the inequality of land ownership. Differing interpretations of the legislation in respect of the valuation of land to be purchased by the state for restitution purposes and the valuation formulae recommended at various times by the state and its advisors are discussed. Some of the problems encountered in the implementation of the South African restitution program, including the highly emotional expropriation/confiscation issues, are mentioned. Three case studies based on these differing interpretations are given. The case studies illustrate the evolution of the interpretations of the legislation concerning land restitution valuations in South Africa. / School: Management sciences / M. Tech. (Real Estate)

Inscrite dans la dialectique changement-permanence, la stabilité juridique ne saurait s'opposer au changement normatif. Si rien ne changeait, il n'y aurait nul besoin de parler de stabilité, mais tout simplement d'intangibilité, d'immutabilité ou même d'éternité du droit. Par la stabilité, on cherche donc à garantir deux valeurs juridiques importantes : l'évolution du droit et la sécurité juridique. Tout produit juridique aspire à la stabilité. Sur le terrain du droit objectif, la stabilité est protégée afin d'éviter des situations d'inflation normative, de désordre dans la production normative, et de faciliter l'application des produits juridiques dans le temps. Sur le terrain des droits subjectifs, elle est souvent protégée afin d'assurer le maintien des situations juridiques individuelles malgré l'écoulement du temps. Ces aspects transparaissent dans le droit international des investissements à travers l'attente légitime de stabilité juridique. Cela étant, pour qu'une telle attente de stabilité juridique présente un caractère légitime, il faut qu'existe un engagement explicite ou implicite de l'État en ce sens et que les investisseurs se comportent d'une façon diligente et de bonne foi. Sur le plan substantiel, l’investisseur ne doit également pas s’attendre à ce que le droit ne change pas, car le droit est évolutif par nature. En revanche, il peut légitimement s’attendre à ce que les changements normatifs soient introduits de façon prévisible et non arbitraire. La violation de la stabilité juridique de la part de l'État engage sa responsabilité internationale. Au-delà de toutes ces considérations, la stabilité juridique fait face aujourd'hui à de nombreux bouleversements, le plus important semblant être son émergence en tant que principe coutumier de droit international. / Discussions of legal stability involve the notions of change and permanence; therefore, legal stability cannot oppose legal change. If nothing changed, there would be no need to talk of stability, and one would simply speak of intangibility, immutability or even of the eternity of the law. Through stability we seek to ensure two important legal values: the development of law and the principle of legal security. Stability is a central aspiration of every law. In the field of objective law, stability is protected in order to prevent a surfeit of laws, disorder in the legislative process and to facilitate the application of laws over time. In the field of subjective rights, it often exists in order to maintain certain specific legal situations and rights in spite of the passage of time. These aspects are reflected in international investment law through the legitimate expectation of legal stability. This being the case, so that such an expectation of legal stability be considered legitimate, there must be an explicit or implicit commitment by the State in this direction and investors must act diligently and in good faith. On the substantive side, it is also necessary that the investor does not expect the law not to change given that law evolves with time. Nevertheless, the investor can legitimately expect that regulatory changes be introduced in a predictable and non-arbitrary manner. Violation of legal stability by the State incurs international liability. Beyond these considerations, today legal stability faces a lot of challenges; the most important of which seems to be its emergence as a customary principle of international law.

Made available in DSpace on 2014-07-29T15:25:10Z (GMT). No. of bitstreams: 1 dissertacao edson j de s junior.pdf: 836945 bytes, checksum: be97d59eb6330faa0cfc3bdfc15e9218 (MD5) Previous issue date: 2010-10-28 / This paper proposes a study about the interpretation of legal provisions that establish the new regulatory framework of one of the mean legal institutions of official performance allusive to agrarian reform, that is the expropriation by social interest to the agrarian reform. This reform is also known as agrarian expropriation, especially under the perspective of the consequences of collective occupation of rural property in the process of inspection or administrative assessment, or that is about to judge the respective action of agrarian expropriation. One concern that guided this study was to indicate the list of government initiatives to try to contain conflicts in the field, as well as to check to the most diverse jurisdictional understandings these incursions resulted. As theoretical support of this work, the normativity, the relevance of the principle of human dignity and of the nature protection and the centrality that the principle of social function bears in the current stage of "evolution" of parental rights were analyzed. This occurred without forgetting that there was an expansion of the content, inserted in a context of class struggle, a process of flows and inflows, advances and setbacks. We sought to accomplish an interpretation more in line with the normativity of the constitutional provisions, in view of the binding and normative force of the constitutional principles, especially of the social function of property. The intention was to resolve the apparent conflict between fundamental rights, since the balance between the respective constitutional values, aiming to achieve the right to access to land as social right, therefore, fundamental right. / O presente trabalho propõe um estudo sobre a interpretação dos dispositivos legais que constituem o novo marco normativo de um dos principais institutos jurídicos de atuação oficial alusivo à reforma agrária, que é a desapropriação por interesse social para fins de reforma agrária. Esta também é conhecida por desapropriação agrária, notadamente sob o prisma das consequências da ocupação coletiva do imóvel rural em vias de vistoria ou avaliação administrativa, ou que está por ajuizar a respectiva ação de desapropriação agrária. Uma preocupação que norteou o presente trabalho foi indicar o rol de iniciativas governamentais na tentativa de conter os conflitos no campo, bem como verificar os mais diversos entendimentos jurisdicionais que estas incursões ocasionaram. Como suporte teórico do trabalho, analisaram-se a normatividade, a relevância do princípio da dignidade da pessoa humana e da proteção à natureza e a centralidade que o princípio da função social ostenta no atual estágio de evolução do direito pátrio. Isso sem desprezar que houve uma ampliação do conteúdo, inserido num contexto de luta de classe, num processo de fluxos e influxos, avanços e retrocessos. Buscou-se realizar uma interpretação mais consentânea com a normatividade das disposições constitucionais, numa perspectiva da força vinculante e normativa dos princípios constitucionais, notadamente da função social da propriedade. A intenção foi solucionar a aparente colisão entre direitos fundamentais, a partir da ponderação entre os respectivos valores constitucionais, visando concretizar o direito ao acesso à terra como direito social, portanto, o direito fundamental.

This study briefly discusses land restitution in several countries in Europe and the Americas, the history of land deprivation in South Africa, and the legislation introduced to remedy the inequality of land ownership. Differing interpretations of the legislation in respect of the valuation of land to be purchased by the state for restitution purposes and the valuation formulae recommended at various times by the state and its advisors are discussed. Some of the problems encountered in the implementation of the South African restitution program, including the highly emotional expropriation/confiscation issues, are mentioned. Three case studies based on these differing interpretations are given. The case studies illustrate the evolution of the interpretations of the legislation concerning land restitution valuations in South Africa. / School: Management sciences / M. Tech. (Real Estate)

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)

How the theme of this diploma project says, this work deals with present law regulation concerned to property rights, its content, its preservation and restriction, ways of its acquirement, co-ownership and expropriation, regulation of neighbourhood law, negotiation of realty ownerships and record of this ownerships to real estate register.

The purpose of this paper is to explore the impact of international investment law rules in the Economic Constitutional Law, especially those included in investment chapters of Peruvian’s Free Trade Treaties. In particular, it is expected to demonstrate the following (i) International Investment Law is part of Peruvian Legal System; (ii) provisions of these laws are mandatory and should be applied domestically; and (iii) interpretation and implementation of this legal right should be executed consistently with domestic legal system and Peruvian international obligations. This agreed Interpretation between Investment Law and Economic Constitution will have a positive effect in rationalization of public entities actions avoiding abuses and maltreatment to investors, in order to improve investment climate as a key element forachieving country’s sustainable development. / Este trabajo tiene como objeto explorar el impacto que tienen las normas del derecho internacional de las inversiones, en específico aquellas de los capítulos de inversiones de los Tratados de Libre Comercio celebrados por el Perú, en el derecho constitucional económico. En concreto, se pretende demostrar lo siguiente: (i) el derecho internacional de las inversiones es parte del Ordenamiento Jurídico del Perú; (ii) las disposiciones de este derecho son obligatorias y deben aplicarse a nivel interno, y (iii) este derecho debe interpretarse e implementarse de manera coherente con el resto del ordenamiento interno y con las obligaciones internacionales del Perú. Esta interpretación concordada del derecho de inversiones y la Constitución económica tendrá un impacto positivo en la racionalización de la actuaciónde los órganos estatales, evitando arbitrariedades cuando sus medidas puedan afectar a un inversionista. De esta manera mejorará el clima de inversiones, el cual es un elemento necesario para lograr el desarrollo sostenible del país.

In my thesis I tried to look into the issue of state property settlement with churches. This issue stirs public opinion in our society since the mid-nineties. The first chapter endeavours to discover the fundamental principles of the performance of the church in the past. Covering from property acquisition, through its management to the semantic role of property in general. Last but not least, it tries to describe the economic situation of the largest church in Czech Republic - Roman Catholic. The second part seeks to describe the events of nationalization of church property in February 1948, under the applicable legislation from that period. It also gives some insight into other forms of expropriation. The third chapter explore insight into the legislative process of state property settlement with churches and discusses the pros and cons of the problem in general. The fourth and fifth chapter deals with the theoretical question of valuation, valuation methods or valuation regulations. The final section summarizes the control mechanisms, which will protect the recovered property from depreciation in value.