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"Mémoire présenté à la Faculté des études supérieures en vue de l'obtention du grade de maître en droit (LL.M)" / L'auteur analyse la question suivante: quelle est l'étendue des pouvoirs du Parlement fédéral canadien sur la réglementation d'Internet? Le Parlement fédéral et les différentes provinces canadiennes sont de plus en plus disposés à réglementer Internet. Or, la question du partage des compétences constitutionnelles entre le Parlement fédéral et les provinces quant à la réglementation d'Internet a été peu étudiée jusqu'à maintenant. Après avoir appliqué les principes constitutionnels au contexte propre à Internet, l'auteur conclut que les compétences législatives sont grandement partagées entre le Parlement fédéral et les provinces. / The author exammes the fol1owing question: what is the extent of the Canadian Parliament's jurisdiction over the regulation of the Internet? The Canadian Parliament and the provinces are now more open to Internet regulation. However, the subject of the distribution of powers between the federal government and the provinces over the regulation of the Internet has not yet been significant1y discussed. After a review of the relevant constitutional principles and their applications to the Internet, the author concludes that a large part of the jurisdiction over the Internet is shared between the Canadian Parliament and the provinces.

No / The management and incorporation of ethnic identities in Pakistan has historically been far more problematic in Balochistan than other provinces and regions. With the killing in 2006 of Akbar Bugti, a leading political figure who was the head of the Bugti tribe and served as federal minister, chief minister and Governor of Balochistan, the province became politically polarised and has descended into a new cycle of bombings, abductions and murders. The rebellion has resulted in a major security operation pitting the security forces against the Baloch people, attacks against Punjabi settlers and sectarian violence against Hazara Shias that collectively threaten to derail major development projects and increase instability in Pakistan as a whole at a critical juncture. This article examines the insurgency in Balochistan and evaluates various perspectives that have been used to explain the present crisis: external intervention, resistance to social change, resource driven conflict theory, transnationalism and diaspora, and failure to manage difference. After examining the evidence it concludes by arguing that the primary cause for the insurgency in Pakistan is due to poor management of difference.

This study of the adoption and diffusion of paid sick leave laws in New Jersey has been designed to examine the spread of the policy between local governments and then the subsequent adoption of the policy by the state. In New Jersey, PSL was first adopted by Jersey City in 2013. Following that adoption, 12 other New Jersey municipalities adopted PSL. In 2018, a law was passed by the state that then voided all the municipal laws and replaced them with a statewide policy. Through a mixed methods research design, this study seeks to better understand the circumstances surrounding PSL. First, a logistic regression model was used to determine the characteristics that are associated with PSL adoption on the local level. Second, case studies were conducted for three adopting cities, Jersey City, Newark, and Morristown to better understand the political forces that facilitated the adoption and diffusion of PSL. Lastly, this study examined the adoption of PSL on the state level to better understand how the actions of governments on the local level affected the actions of the state government. The logistic regression found that large cities, cities with a higher percentage of minorities, cities with a mayor-council form of government, and cities with a higher Gini coefficient were more likely to adopt PSL. In contrast to the findings of the logistic regression, the case studies revealed that the cities that adopted PSL were heavily Democratic and elected officials identified progressiveness as a motivator for adopting this policy. This research used qualitative methods to evaluate how policy diffusion occurred and who facilitated this process. Through interviews, this research revealed the influence of policy advocates in helping to spread PSL to many New Jersey municipalities. An advocacy coalition named New Jersey Time to Care pursued what they termed the municipal approach. The political dynamics in the New Jersey state government prevented a statewide law from being adopted. Given this fact, the coalition pursued multiple municipal laws in order to help New Jerseyans receive paid sick leave benefits and to help build momentum for a statewide law when a change in political dynamics would allow for it. / Doctor of Philosophy / In recent years, many state and local governments have adopted paid sick leave laws. These laws require private businesses to allow their employees to earn and utilize paid sick days. This dissertation examines the jurisdictions in New Jersey that have adopted paid sick leave. It finds that large cities with a high percentage of minorities, a high level of income inequality, and a mayor-council form of government are more likely to adopt paid sick leave laws. This research also examines how advocacy groups influence elected officials in the policymaking process. Policy advocates built public support for the law and engaged in lobbying activities with elected officials. As they lobbied for the law, they presented city councils pre-drafted legislation that was then adopted by the city councils.

China's key forested region is located in the northeast. This region consists of state forest enterprises which manage harvesting and reforestation and have represented the most important source of wood supplies since the 1950s. Deforestation is a major problem there, however, and has resulted in several central government reforms. We develop a framework for assessing the social cost of state forest enterprise deforestation. We first develop a two-principal, one-agent model that fits the federalistic organization state forests, in that state forest managers make (potentially hidden) decisions under influence of provincial and central government policies and quotas meant to direct manager behavior. This model is used to derive an expression of the social cost of these hidden actions as well as a comparison of first and second best government policies. We then use panel data from a survey conducted by the Environmental Economics Program in China (EEPC) to compute social welfare losses and use a regression approach to confirm the main factors in these costs in practice. A sensitivity analysis shows that lower harvesting limits and a more accurate monitoring system are the keys to lowering social welfare loss. These are more important than conventional instruments used by the governments such as wages for managers that achieve certain targets. Through regression analysis we find that the remote areas with a higher percentage of mature natural forests are the ones that will always have the highest social welfare loss. These areas are the hardest to monitor, but our results show they must be a critical focus moving forward. / M.S. / China's key forested region is located in the northeast. This region consists of state forest enterprises which manage harvesting and reforestation and have represented the most important source of wood supplies since the 1950s. Deforestation is a major problem there. We develop a framework for assessing the damage to the society because of deforestation. We develop a theoretical model to describe the forest management structure, in which state forest managers make (potentially hidden) decisions under influence of provincial and central government policies. This model is used to derive an expression of the damage. We then use data from a survey conducted by the Environmental Economics Program in China (EEPC) to compute the damage and confirm the main factors in these damages in practice. We find that lower harvesting limits and a more accurate monitoring system are the keys to lowering the damage. These are more important than conventional instruments used by the governments such as wages for managers that achieve certain targets. We also find that the remote areas with a higher percentage of mature natural forests are the ones that will always have the largest damage. These areas are the hardest to monitor, but our results show they must be a critical focus moving forward.

Este trabalho tem por objetivo analisar o federalismo brasileiro e a Guerra Fiscal como produto de sua dinâmica. Contribui com a discussão dos aspectos políticos e territoriais presentes no federalismo brasileiro que tenham rebatimento imediato na Guerra Fiscal, em contraposição à idéia corrente de enfraquecimento dos Estados, fim das fronteiras e desregulamentação da economia, em grande medida propagada pelo pensamento Neoliberal. Sistematiza, em meio a uma diversidade de arranjos de governos sob este regime, um modelo mínimo comum de características a todas as federações, incluindo os problemas gerados pela sobrerrepresentação das unidades federadas e o princípio da autonomia e governo descentralizado. Traça um panorama do federalismo político brasileiro e suas etapas, desde sua formação à atualidade: da formação do federalismo brasileiro até o Estado Novo, o curto período que vai do Estado Novo até o início da Ditadura Militar, entre 1945-64, do declínio do regime autoritário até a Constituição de 1988, e o federalismo, a partir da Constituição de 1988. Concomitantemente ao desenvolvimento do enfoque político do federalismo, é feita a análise do federalismo fiscal desde a Constituição de 1891 até o reforma tributária de 1966, desta reforma até a Constituição de 1988 e deste período à atualidade, passando pela descentralização de receitas e a abordagem do papel do ICMS na Guerra Fiscal. Esboça um panorama do quadro histórico e político em que a Guerra Fiscal está inserida no mundo atual que, sob a égide da Globalização e do Neoliberalismo, propõe a diminuição progressiva da atuação dos Estados na economia - dando importância à presença dos IEDs (Investimentos Externos Diretos) ao redor do mundo e particularmente seu comportamento em território nacional; e, finalmente, entender mais plenamente a importância dos elementos territoriais para a existência e reprodução da Guerra Fiscal. Esse estudo integrado, que leva em conta os aspectos políticos, econômicos, históricos e geográficos, é fundamental para determinar a importância dos incentivos territoriais para as disputas por investimentos por parte das unidades federativas, haja vista a importância exagerada que a literatura corrente, que trata do federalismo e da Guerra Fiscal, imputa aos incentivos fiscais, à gênese e à reprodução das disputas por plantas industriais pelas unidades federadas. / The goal to this paper is to analyze Brazilian federalism and the fiscal war as the product of its dynamics. It contributes to the discussion of political and territorial aspects which are present in the Brazilian federalism and that have immediate reflection in the fiscal war, opposite to the current idea of weakening of the federal States, end of boundaries, and deregulation of the economy, in great extend diffused by the Neoliberal ideas. It systematizes, amongst diverse patterns of governments under that regimen, a minimum common model of characteristics to all federations, including the problems generated by the overrepresentation of the federal units and the premise of autonomy and decentralized government. It elaborates an overview of Brazilian political federalism and its stages, from its beginning to current days: from the beginning of Brazilian federalism to Estado Novo, the short period of time that goes from Estado Novo up to the beginning of the military dictatorship, between 1945 and 1964, from the decay of the authoritarian regimen up to the 1988 Constitution, and the federalism, from the 1988 Constitution on. Parallel to the development of federalisms political focus, the analyses of fiscal federalism is made, from the 1891 Constitution up to the tributary reform in 1966, from that reform up to the 1988 Constitution, and form that time up to current days, going through income decentralization and the approach to the role of ICMS (Imposto sobre Circulação de Mercadorias e Serviços Products and Services Circulation Tax) in fiscal war. It elaborates an overview of the historical and political picture in which fiscal war is inserted in our present world that, under the protection of globalization and Neoliberalism, proposes the progressive decrease of the States interference in economy weighing importance to the presence of IEDs (Investimentos Externos Diretos Direct Foreign Investment) around the world and specially its behavior in the national territory; and, finally, to understand more fully the importance of the territorial elements to the existence and reproduction of fiscal war. That integrated study, that takes into account the political, economic, historical and geographical aspects, is essential to determine the importance of territorial incentives for the investment disputes by the federal units, taking into account the overestimated importance that the current literature, that deals with federalism and fiscal war, gives to fiscal incentives, the genesis and reproduction of disputes for industrial plants by federal units.

This habilitation thesis consists of seven published journal articles and one published book chapter. Part I, consisting of chapter 1, introduces the overarching theme of environmental policy instruments and discusses the current use of and prospects for economic instruments in conservation policies. A number of research gaps are identified which are addressed in the subsequent chapters. Part II, consisting of chapters 2–5, encompasses four papers focused on a single type of policy instrument: intergovernmental fiscal transfers. Although well documented in public finance literature, intergovernmental fiscal transfers remain a somewhat neglected instrument in environmental policy. Despite being well suited to address the spillover benefits that often accrue with conservation policies, there is scant research literature on ecological fiscal transfers compared to other economic instruments such as environmental taxes or tradable permits. In fact, very few countries make practical use of them to achieve conservation objectives. Thus intergovernmental fiscal transfers are an innovative instrument in conservation policies in particular, so that advances in both theory and applied research may prove especially beneficial here. Part III, consisting of chapters 6–9, combines a number of articles in integrative biodiversity research and applied biodiversity governance, themes that are often neglected in the economic analysis of environmental policy instruments. However, when implementing policy instruments in societal settings, interdisciplinary research bridging the natural and social sciences is as much a prerequisite as policy-relevant research that responds to the needs of decision makers and other stakeholders. Both policy design and policy evaluation yield the best outcomes when they involve ecologists, economists, legal and other social scientists, as this ensures that consideration is given to ecological effectiveness, economic efficiency, administrative feasibility, social acceptance, and perception by stakeholders. Policy-relevant research also responds to current societal developments and prospective changes in legislation which may provide windows of opportunity to propose new instruments. Meanwhile, sound empirical research and case study design are indispensable in making concrete policy recommendations, taking into account existing formal and informal institutions.

Made available in DSpace on 2010-04-20T20:17:21Z (GMT). No. of bitstreams: 1 62080100021.pdf: 1146341 bytes, checksum: a110370443d969ae4e6fdec636f76a37 (MD5) Previous issue date: 2010-02-26T00:00:00Z / The purpose of this study is to assess the adoption of EC n ° 37, from June 12, 2002, covered by LC 116, on July 31, 2003, as a means to contain the tax war among municipalities. Thus, it aims to assess the impacts of the adoption of a rate floor for ISSQN on the tax collection of cities, taking the cities that comprise the MRSP as the main object of analysis. The importance of this issue is identified in the relationship among federal entities, the discussion of tax and financial autonomy in the Brazilian federation and how these issues impact the provision of public goods. This work uses a simple model designed to understand the tax collection via ISSQN and seeks to infer the results caused by the adoption of an external measure of harmonization of tax rates. Positive and significant results were found in this study. It is hoped that this work will contribute with new perspectives of studies in the area of fiscal federalism, especially for studies about local governments in Brazil. At the same time, it is hoped to contribute to the development of researches on the tax rates, tax revenues, the tax model and national discussions on allocation of powers between the federal entities. / A proposta deste trabalho é avaliar a adoção da EC n° 37, de 12 de junho de 2002, regulada pela LC 116, em 31 de julho de 2003, como instrumentos de contenção da guerra fiscal entre os municípios. Desse modo, procura-se avaliar os impactos da adoção de uma alíquota de piso para o ISSQN sobre a arrecadação dos municípios, tomando os municípios que compõem a RMSP como principal objeto de análise. A importância do tema é identificada na relação entre entes federativos, a discussão em torno da autonomia financeira e tributária na federação brasileira e como estas questões impactam a oferta de bens públicos. Este trabalho se vale de um modelo simples elaborado para compreender a arrecadação tributária via ISSQN e procura inferir os resultados ocasionados pela adoção de uma medida externa de harmonização de alíquotas tributárias, resultados positivos e significantes são encontrados para tais efeitos. Espera-se que este trabalho contribua e aponte novas perspectivas de estudos na área de federalismo fiscal, especialmente para estudos voltados para governos locais no Brasil. Ao mesmo tempo, espera-se contribuir para o desenvolvimento de pesquisas em torno das alíquotas, da arrecadação, do modelo tributário nacional e para as discussões sobre alocação de competências entre os entes federativos.