Reappraising the Jurisprudence of MERCOSUR: An Exercise in Regional Innovation or Malinchismo?
Article from: TDM 5 (2016), in Latin America
Abstract
The development of dispute settlement at MERCOSUR can be described as one of missed opportunities: political disputes and economic shifts among its members have hampered its role in settling trade disputes. Overlooked for its apparent demise at the hands of political clashes and sparse case-law, the jurisprudence of the MERCOSUR dispute settlement system nonetheless demonstrates a marked and innovative move in regional integration. While seemingly drawing inspiration from European Union law, and to a lesser extent that of the Andean Community and WTO, ad hoc arbitral tribunals ...