Letteratura scientifica selezionata sul tema "Exportation illicite"

Customs in the twenty–first century has a role that expands far beyond the traditional role of revenue collection, and includes trade facilitation and border protection. It is now required to guard against both importation and exportation of dangerous and counterfeit products which pose serious threat not only to the economy, but also to the society in general. With its firmly built legislative base coupled with strategically developed implementation mechanism, the Australian Customs Services (ACS) plays a crucial role in ensuring border protection of Intellectual Property Rights (IPR) laws. Conformity with the provisions and standards set out by the apex trade bodies in the world is a major strength of the Australian Customs in its ongoing battle against infringement of IPR laws. The Australian Customs maintains a close relationship with other border agencies and the business community with a view to interdicting and disrupting the illicit trade in goods that infringe IPR.

This article seeks to introduce a brief description of the rules of protection of cultural heritage goods in the Spanish Law, using the example of a mediatic case of illicit trade, where the regulations of civil law, criminal law, and administrative law were applied and where the freedoms inherent in the right of ownership collided with the rules on properties of cultural interest. First, it provides an overview of the Spanish cultural heritage law, beginning with the constitutional mandate of assuming and promoting the protection of Spanish cultural heritage, and thereafter focusing on the concept of private ownership and its limits, in accordance with the social function of all property rights under the 1978 Spanish Constitution. Second, it describes a well-known case of illicit trade, focused on a valuable painting by Pablo Picasso. The work Cabeza de mujer joven (Head of a young woman) belonged to a private owner who decided to sell it internationally, using the services of a well-known auction house. When the required permission for exportation was denied by the Spanish public administration, the owner commenced a court proceeding aimed at changing the decision, but also planned to send the painting abroad using a yacht on his property. Thirdly, the article’s conclusion reflects on the level of severity of the Spanish legislation as applied in the case, in the context of the balance between cultural heritage protection and the freedom of disposition inherent to the right of property ownership.

This article attempts to better contextualise the theoretical and empirical connections between pre-prison orientation of prisoners and their subsequent adaption and subjective experiences of imprisonment using the case study of Omega, a racial minority gang in the Singapore prisons. While the article traces the gang’s emergence to its marginality in both the mainstream and illegitimate societies, the persistence of Omega beyond prisons is also shown to lie in its capacity to be remodelled for the street where the gang operates on an equal footing with the historically entrenched Chinese Secret Societies in the illicit economy. This research is not only able to adequately explain the form and hierarchy of penal subcultures, and the differentiated strategies offered by the various racial, class and gender groups to ‘surviving’ prisons, but also shows how in-prison adaptations affect the construction of post-prison identities and behaviours. The intent is to provide a nuanced sociological examination of the prison institution by capturing the iterative and interactive effects between the ‘outside’ (i.e. street) and the ‘inside’ (i.e. prison), thus extending the analysis beyond the deprivation-importation impasse by introducing an element of ‘exportation’ that help contextualise the racialised experiences of minority prisoners in the postcolonial state.

Abstract Aloeswood or Agarwood has long been perfumery commodity traded between Mediterranean Region and Southeast Asia since ancient times. Oil or chips are obtained by destructive harvesting of several Thymeleaceous genera includes Aquilaria and Gonystylus and are expensive and highly demanded ingredients in the global market. The recent recovery of Gyrinops walla as a potential producer of market-quality agarwood in mature damaged woods and branches, the intense illicit felling and exportation G. walla leading to the verge of extinction from Sri Lankan flora. The sustainable utilization of G. walla undoubtedly enhances the foreign exchange of the country and the non-destructive utilization G. walla through biotechnology is the only option available for sustainable exploitation and conservation of the vulnerable G. walla species. An electro-elicitation apparatuses were designed and built to stimulate calli and cell suspensions. The elicited and calli and cell suspensions were harvested at different time periods to extract sesquiterpenes. Current intensities of 10 mA and 50 mA, and 0.1 mA were the optimum values for the induction of sesquiterpenes; γ-selinene, β-caryophyllene, α-cadinol and α-guaiene, production in both calli and cell suspension after 8 weeks and 6 hours, respectively. The findings of the study led to conclude the possibility of induction of production of sesquiterpenes through electro-elicitation of G. walla calli and cell suspension in an in vitro system for sustainable utilization and conservation endeavours.

In this manuscript, attempts were made to assess the impacts on Nigeria of full and instant tariff elimination from agricultural imports. A schedule of annual percentage reductions till full elimination as against an instant total or arbitrary elimination across all imports from the EU, as well asthe expected annual provisions via aids for envisaged trade to install infrastructural capacity aimed at forestalling fiscal imbalance, leading to stabilization for Nigeria, advocated. The study evaluates the likely share of Nigeria’s imports from the European Union (EU), Economic Community of West African States(ECOWAS), and the rest of the world (ROW) in major agricultural product sections trade. The World Integrated Trade Solutions (WITs) platform was used to illicit a likely Economic Partnership Agreements (EPAs) scenario import data through a tariff eliminated query set up. The major impacts estimated include the resultant consumption impact, revenue impact, welfare impact, trade creation and diversion impacts, welfare impact of trade creation with consumption impact, and Welfare impacts of trade diversion with consumption impacts, in addition to their implications for scheduled tariff eliminations. Summary results were presented at product section levels as percentage of the impacts to contribution of agricultural sector in Nigeria’s GDP. Based on the estimated impacts and terms of trade deal, it is recommended that Nigeria should follow a schedule of percentage tariff reduction across product sections relative to the current most favored nations’ rather than arbitrary measures as a major policy of liberalizing trade. An annual percent tariff reduction rates over the 25 years, of 0.38%; 1.35%; 0.62%; 0.72%; and 0.2, for product sections 01-05, respectively, is recommended. In addition, it is also recommended that corresponding tariff losses in revenue due to scheduled reductions in tariff should be provided annually via aid for trade, for improvement in infrastructure, production and exportation that will sustain and improve intra, inter and extra regional trade in a growth and globalization pursuit aided by the EU. Keywords: International Agricultural Product Imports; Aid for Trade; EPAs; Impacts; Percentage Tariff Reduction Schedule.JEL Classification: F; F1; F6

O presente estudo tem como objetivo a análise do fenômeno da exportação de resíduos, aqui denominado como tráfico internacional de resíduos, a fim de enquadrá-lo como delito transnacional, já que seus efeitos, a toda evidência, transpassam as fronteiras dos Estados, causando malefícios diretos e/ou indiretos a toda coletividade. A fim de atender ao objetivo proposto, essa apreciação seguiu a seguinte ordem: apresenta-se o tratamento jurídico nacional e internacional acerca dos resíduos; faz-se uma análise acerca da sustentabilidade frente à exportação destes resíduos para, ao final, caracterizar a exportação de resíduos como a prática de ilícito transnacional. Em sede de considerações finais, confirma-se a hipótese lançada, evidenciando que a remessa de resíduos para países que ficarão responsáveis pelo seu tratamento e processamento, de fato, configura-se como delito transnacional, pois afeta de forma evidente a sustentabilidade e compromete a manutenção do meio ambiente sadio. Quanto à metodologia, trata-se de uma pesquisa pura, qualitativa e descritiva. O método de abordagem foi o indutivo crítico, de interpretação lógico-gramatical e procedimento técnicos documentais. Palavras-chave: Resíduos; Tráfico de resíduos; Transnacionalidade; Sustentabilidade; Delitos transnacionais. ABSTRACT The aim of this study is to analyze the phenomenon of waste exportation, here referred to as international waste trafficking, in order to classify it as a transnational crime, since its effects clearly cross the borders of states, causing direct and/or indirect harm to the whole community. In order to achieve the proposed objective, this assessment followed the following order: the national and international legal treatment of waste is presented; an analysis is made of the sustainability of the export of this waste in order to characterize the export of waste as a transnational illicit practice. In the light of final considerations, the hypothesis is confirmed, showing that the shipment of waste to countries that will be responsible for its treatment and processing, in fact, is a transnational crime, because it clearly affects sustainability and compromises the maintenance of the healthy environment. Regarding the methodology used, it is a pure, qualitative and descriptive research. The method of approach was the critical inductive, logical-grammatical interpretation and documentary technical procedure. Keywords: Waste; Waste Trafficking; Transnationality; Sustainability; Transnational Crime

Wildlife trade is a major driver of biodiversity loss worldwide. To regulate its impact, laws and regulations have been implemented at the international and national scales. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) has regulated the international legal trade since 1975. However, an important volume of illegal trade—mainly within countries—continues to threaten several vertebrate groups, which could be due to a lack of specific legislation or enforcement of existing regulations. Our aim was to gain a more accurate picture of poaching and legal possession of native parrots as pets in the Neotropics, where illegal domestic trade is currently widespread. We conducted a systematic search of the laws of each of the 50 countries and overseas territories, taking into account their year of implementation and whether the capture, possession and/or sale of parrots is permitted. We compared this information with legal exports reported by CITES to assess differences between the enforcement of international and national trade regulations. We found that only two countries (Guyana and Suriname) currently allow the capture, trade and possession of native parrots, while Peru allowed international legal trade until recently. The other countries have banned parrot trade from years to decades ago. However, the timing of implementation of international and national trade regulations varied greatly between countries, with half of them continuing to export parrots legally years or decades after banning domestic trade. The confusion created by this complex legal system may have hindered the adoption of conservation measures, allowing poaching, keeping and trade of protected species within and between neighboring countries. Most countries legally exported Neotropical parrot species which were not native to those countries, indicating that trans-border smuggling often occurred between neighboring countries prior to their legal exportations, and that this illicit activity continues for the domestic trade. Governments are urged to effectively implement current legislation that prohibits the trapping and domestic trade of native parrots, but also to develop coordinated alliances and efforts to halt illegal trade among them. Otherwise, illegal trade will continue to erode the already threatened populations of a large number of parrot species across the Neotropics.

Abstract Background The recent recovery of Gyrinops walla as a potential producer of market-quality agarwood in mature damaged woods and branches has led to the intense illicit felling and exportation of G. walla leading to the verge of extinction from Sri Lankan flora. The sustainable utilization of G. walla undoubtedly enhances the foreign exchange of the country and the non-destructive utilization through tissue culture–based techniques is the only option available for sustainable exploitation and conservation of the vulnerable species. Healthy calli and cell suspensions were chemically and biologically elicited with salicylic acid (SA) and methyl jasmonate (MJ), and the sterilized fungal homogenate (carbohydrate equivalents) of Fusariym oxysporum, Phaeocremonium parasitica, Aspergillus niger, Trichoderma viride, Penicillium commune and Lasidiplodia theobromae fungal strains, respectively. The elicited calli and cell suspensions were harvested at different time periods to extract sesquiterpenes. Results Sesquiterpenes were produced in calli under chemical elicitors with media concentrations of 10 μM SA, 100 μM SA, 10 mM MJ and 1 mM MJ and cell suspensions under 0.5 μM SA and 0.1 mM MJ. Phaeocremonium parasitica, Trichoderma viride and Lasidiplodia theobromae were more effective in the production of sesquiterpenes in G. walla callus and cell suspension by biological elicitation. Conclusion The findings of the study led to the conclusion of the possibility of induction of production of sesquiterpenes through elicitation of G. walla calli and cell suspension in an in vitro system for sustainable utilization and conservation endeavours.

La restitution des œuvres d’art est plus que jamais d’actualité. En effet, bien que le droit international se soit emparé de cette question après la fin de la Seconde Guerre mondiale en 1954, le trafic culturel en temps de guerre comme en temps de paix perdure et engendre de nombreuses demandes de restitutions culturelles incluant notamment la France et l’Italie.À cet éparpillement artistique illicite, s’ajoutent depuis les années 2000 des revendications éthiques concernant des biens culturels pris avant l’interdiction du pillage. Déplacées « légalement » grâce à la coutume des prises de guerre, des œuvres d’art ont alors pu être emportées par les anciennes puissances occidentales pour enrichir en grande partie leurs musées. Les pays précédemment dominés d’Afrique, d’Asie et d’Amérique latine qui ont subi ce « dépeçage », ont aujourd’hui la volonté de recouvrer ce patrimoine. La problématique des trophées de guerre interpelle et met en lumière des enjeux identitaires, moraux, politiques, économiques et culturels. Les États européens, et en particulier la France, s’interrogent de plus en plus sur ces pratiques de guerre passées et concourent à la mise en place d’une nouvelle « éthique relationnelle ». Cette démarche se traduit par l’acceptation de certains retours culturels vers leur territoire d’origine.La restitution des œuvres d’art est au cœur d’intérêts contraires. Elle amène à s’interroger tout d’abord sur les mécanismes de restitution prévus en cas de situation illégale mais également sur les limites de ces derniers. Une telle réflexion conduit ensuite à une autre question essentielle. L’ensemble de ces limites peuvent-elles et doivent-elles être dépassées pour parvenir à une généralisation des restitutions ? Cette proposition obligerait alors à une systématisation des remises culturelles, même éthiques. Difficilement envisageable, cette thèse propose donc le concept novateur de restitutions « légitimes » qui serait un compromis sur lequel les États pourraient s’entendre
The restitution of works of art is more relevant than ever. Indeed, although international law seizes on this question after the end of the Second World War in 1954, cultural trafficking in wartime as in peacetime continues and generates several requests for cultural restitutions especially involving France and Italy.In addition to this illegal artistic scattering, since the 2000s there have been ethical claims concerning cultural properties taken before the ban on looting. “Legally” displaced thanks to the custom of war prizes, works of art could then be taken away by the former Western powers to largely enrich their museums. The formerly dominated countries of Africa, Asia and Latin America, which have suffered this “carving up”, now have the will to recover this heritage. The problem of war trophies is challenging and shining a light on identity, moral, political, economic and cultural issues. European states, in particular France, are increasingly questioning these past war practices and they are contributing to the establishment of a new “relational ethic”. This approach results in the acceptance of some cultural returns to their territory of origin. The restitution of works of art is at the heart of conflicting interests. It first of all raises questions about the mechanisms of restitution provided in the event of an illegal situation but also about their limits. Such a reflection then leads to another essential question. Can and should all of these limits be overcome in order to achieve a generalization of restitutions? This proposal would then require a systematization of cultural restitution, even ethical ones. Hardly conceivable, this thesis therefore proposes the innovative concept of “legitimate” restitutions which would be a compromise on which States could agree