International Trade Agreements Before Domestic Courts: Lessons from the EU and Brazilian Experiences

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Maria Angela Jardim de Santa Cruz Oliveira

International Trade Agreements Before Domestic Courts

Lessons from the EU and Brazilian Experiences

Maria Angela Jardim de Santa Cruz Oliveira

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English

Springer International Publishing AG
19 March 2015

Trade agreements; Company, commercial & competition law

Summary
Details

This book addresses the role of domestic courts in the enforcement of international trade agreements by examining the experiences of Brazilian and the European Union courts. This comparative study analyzes the differences, similarities and consequences of Brazilian and European courts’ decisions in relation to the WTO agreements, which have “direct effect” in Latin American emerging economies, but not in the European Union or other developed countries. It observes that domestic courts’ enforcement of international trade agreements has had several unintended and counterproductive consequences, which were foreseeable in light of international scholarly debate on the direct effect of WTO agreements. It draws lessons from these jurisdictions’ experiences and argues that the traditional academic literature that fosters domestic courts’ enforcement of international law should be reconsidered in Latin America in relation to international trade agreements. This book defends the view that, as a result of their function and objectives together with the principles of popular sovereignty and democratic self-government, international trade agreements should not be considered to be self-executing or to have direct effect. This empirical work will be valuable to anyone interested in the effects of international trade rules at the domestic level and the role of domestic judges in international law.

By: Maria Angela Jardim de Santa Cruz Oliveira
Imprint: Springer International Publishing AG
Country of Publication: Switzerland
Edition: 2015 ed.
Dimensions: Height: 235mm, Width: 155mm, Spine: 14mm
Weight: 4.616kg
ISBN: 9783319139012
ISBN 10: 3319139010
Pages: 209
Publication Date: 19 March 2015
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active