The Draft Protocol on the Creation of the Court of Justice of Mercosur. A New Milestone in the Judicialisation of Regional Integration Law

Publication Name
Anuario Mexicano de Derecho Internacional
Volume, number, page
17: 1, pp.405-442
Year of Publication
2017
Author(s)
KÜHN BACA Werner Miguel
Organization Name
Instituto de Investigaciones Jurídicas - Universidad Nacional Autónoma de México
Acronym
IIJ - UNAM
Publisher
IIJ-UNAM
City
Ciudad de México
Country of Publication
Mexico
Full Date
Enero-Diciembre 2017
ISBN or ISSN
1870-4654
Category
Academic articles
Theme
Subregion - European Union
BIREGIONAL RELATIONS UE - LAC
Keyword(s)
International Law
Supranational procedural law
Regional economic integration
International courts
Law of international organizations
Justice System
International law system
Mercosur
Andean Community
Eurasian Economic Union
European Free Trade Association
Central American Integration System
Courts of justice
Abstract
The present article contains a detailed analysis of the draft protocol on the creation of a court of justice of Mercosur. The analysis focuses on several institutional as well as procedural aspects, while putting the draft protocol in the general context of current supranational law. The objective is to demonstrate that the draft protocol must be regarded as the result of a sophisticated work of comparative law, which incorporates valuable legal contributions based on the experience gained in integration processes launched both in Europe and Latin America.
In order to better explain where these legal contributions originate from, what they consist in, as well as to describe the current stage of evolution of regional economic integration in its supranational format, the analysis refers to the rules in force in the other integration systems,
more specifically, the Andean Community, the Central American Integration System, the European Free Trade Association and the recently established Eurasian Economic Union.
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