Which of the following Treaties Provided the Legal Basis for Mercosur

Despite this dismal result, LAIA`s good intentions are documented and can be found by consulting the archives of Itamaraty (Brazil`s Ministry of Foreign Affairs). The documents of the Permanent Delegation of Brazil to the Latin American Integration Association (BRASALADI) show that LAIA played a very important role, particularly in the negotiation of partial agreements and export credits concerning Mercosur or other Latin American countries. Some of these documents have revealed the intention to revive Brazil`s importance in Latin America and to promote its relations with the region.16x This author consulted the Historical Archives of Itamaraty in Brasilia, Brazil. Under the aegis of LAIA, forty partial Economic Complementarity Agreements (SP. ECAs) are currently in force (Annex I). As we have already mentioned, Mercosur was registered via the PS in LAIA. However, ECA 18, like on 26 March 1991, the date of the signing of the Treaty of Asunción, establishing a common market of the South between the Republics of Argentina, Brazil, Paraguay and Uruguay.It, does not allow us to understand the history of Mercosur integration without referring to its « founding fathers »: the efforts of José Sarney and Raúl Alfonsín. The presidents of Brazil and Argentina are one of the main factors that led to the development of the bloc. Their influence dates back to their role as guardians in the creation of Mercosur after both countries signed the Iguaçu Declaration (1985) and joined the Brazil-Argentina Economic Cooperation and Integration Program (PICE) in 1986 (see Annex II – Institutional Milestones – History of Mercosur Integration). Remarkably, PICE was instrumental in establishing a partnership between Brazil and Argentina that sidelined dictatorships and established a much broader idea of regional integration and the market.17x V. Bulmer-Thomas, The Economic History of Latin America since Independence, Cambridge University Press (1994).

At the time of the creation of Mercosur in 1991, political choices were indeed favourable to the completion of a common market by 1994, which is reflected in the name of the bloc, i.e.dem Common Market of the South. The democratic regimes of Brazil and Argentina in the mid-1980s shared the common view that a regional framework could function as a parallel process to global multilateralization, allowing them to take on tasks that would otherwise be impossible to accomplish.18x S. Gratius & M.G. Saraiva, « Continental Regionalism: Brazil`s Prominent Role in the Americas », CEPS working paper. No. 374 (February 2013). The concept of Mercosur was rooted in the founding treaties of the mid-1980s and the political intentions of the presidents of Brazil and Argentina at the time. Their intense participation was crucial in devising a plan to reduce domestic political pressure for increased military spending through economic integration. They proposed a progressive state-led initiative, an integration plan whose goal was to build a « real community and not just an (economic) association ».19x R. Alfonsín, « La Integración Sudamericana: Una Cuestión Política », 9(24) Síntesis FUALI, 6 (2001) in A. Malamud, « Mercosur Turns 15: Between Rising Rhetoric and Decline Achievement », 18(3) Cambridge Review of International Affairs 424 (2005).

First, it established a programme of progressive trade liberalisation to enter into force before 31 December 1994 (first stage or « transitional period »). The Treaty also provided for the establishment of a customs union and the harmonization of macroeconomic policies. The institutional structure of the first period consisted of two main organs: the Common Market Council (CMC) and the Common Market Group (CMG). It contained five annexes: Annex I presented the LAIA trade liberalization agenda through the Partial Economic Complementarity Agreement (CEA);18 Annex II contains a rule of origin for the transitional period to the customs union (until 1994); Annex III stipulates that all disputes between States parties arising out of treaty applications shall be settled by direct negotiation; the safeguard measures of Annex IV; and annex V provided for the establishment of sub-working groups. Since its inception, MERCOSUR has been founded on the principles of democracy and economic development, which underpin the fundamental values of integration with a human face. In line with these, various agreements have been added regarding migration, labour, cultural and social issues – to name but a few, which are of utmost importance to residents. He holds a law degree (1959) from the National University of Buenos Aires, a master`s degree in criminology (1975) from the National University of Buenos Aires and a doctorate (law and social sciences, 1973) from the University of Buenos Aires. In 1989, he received a Doctor of Laws degree from Suffolk University School of Law. He practiced law in Argentina and Massachusetts, where he practiced law with the Massachusetts Corrections Legal Services.

He has been Professor of Law at the University of Buenos Aires and the University of El Salvador (Buenos Aires) as well as Visiting Professor of Law at Boston University, Researcher at the Max Planck Institute for Criminal Law in Germany and Visiting Scholar in Comparative Criminal Law at Harvard Law School. He was appointed to represent the United States at the International Penal and Penitentiary Foundation, where he has been a voting member of the Council since 1996. Professor Rotman is the author of four books and numerous articles published in leading American, European and Latin American journals on international and comparative criminal law, legal translation and other topics. He teaches research methods in international, foreign and comparative law; International Court of Trial; and comparative criminal law (in English and Spanish). 32 R. Bouzas et al., In-Depth Analysis of MERCOSUR Integrations, its Prospectives and the Effects of the Market, Access of EU Goods, Services and Investment, Observatory of Globalization, University of Barcelona – Barcelona Science Park (November 2002). Source: www.sciencespo.fr/opalc/sites/sciencespo.fr.opalc/files/in-depth%20analysis%20of%20mercosur%20integration.pdf. At the same time, Member States may conclude partial application agreements with other developing countries or equivalent areas of economic integration outside Latin America, subject to the various arrangements laid down in Section Three of Chapter II of this Treaty and in accordance with the provisions of the relevant legislation. An important difference between NAFTA and LAIA concerns partial implementation agreements.12x Article 9 of the Treaty of Montevideo (1980) sets out the rules applicable to partially implementation agreements: (a) they remain open for accession through prior negotiations among other member countries; (b) they must contain convergence clauses so that their benefits accrue to all Member States; (c) they may contain clauses promoting convergence with other Latin American countries in accordance with the mechanisms provided for in this Treaty; (d) they include different types of treatment according to the three categories of countries recognized by this Treaty;.

D'autres actualités...