Abstract

KUHN BACA, Werner Miguel. The Draft Protocol on the Creation of the Court of Justice of Mercosur. A New Milestone in the Judicialisation of Regional Integration Law. Anu. Mex. Der. Inter [online]. 2017, vol.17, pp.405-442. ISSN 1870-4654.

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.

Keywords : supranational procedural law; regional economic integration; comparative law; international courts.

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