The effects of the judicial institutionalization of integration processes : intergovernmentalism and the prevalence of politicization in MERCOSUR
(2016)
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- The focus of this thesis is the judicial institutionalization of integration processes through the development of dispute settlement mechanisms, more especifically in the Common Market of the South (Mercosur), to date, the most important regional bloc in Latin America. The bloc has been in existence since 1991 and has positioned itself as one of the potential regional blocs for trade and investment, while becoming one of the important actors in the international community. However, its achievements have been tainted by the gaps and problems attached to the core foundation of the regional bloc. Mercosur has been suffering or experiencing internal disputes and disunity due to its complex and low institutionalization, a situation which can be seen as being paradoxical. Its current Dispute Settlement Mechanism is subject to uncertainty and doubt, since its own framework is also under internal and external criticism. There has been a series of protocols made in order to tackle the problems of the DSM and to further fix the problems that hinder the cooperation as well as the productivity of MERCOSUR's intra-organisation, all guided by intergovernmental decision-making. As such, this thesis focuses on the prevalence of politicization in Mercosur and the pre-eminence of Presidential Diplomacy over the path of regional integration, the absence of supranational institutions and of a Court of Justice that could implement decisions in order to bind all members.
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Caichiolo, C. R. (2016). The effects of the judicial institutionalization of integration processes : intergovernmentalism and the prevalence of politicization in MERCOSUR. https://hdl.handle.net/2078.5/64423