Title International trade agreements before domestic courts : lessons from the EU and Brazilian experiences / Maria Angela Jardim de Santa Cruz Oliveira

Published Cham : Springer, 2015

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Description 1 online resource (xi, 209 pages) Contents 1. Introduction -- 2. The Relations Between International Law and Domestic Courts -- 3. The Relations Between International Trade Agreements and Domestic Courts in Brazil -- 4. The Relations Between International Trade Agreements and Domestic Courts in the European Union -- 5. Comparing the Role of Domestic Courts in International Trade Agreements -- 6. Conclusion Summary 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 courtsℓ́ℓ decisions in relation to the WTO agreements, which have ℓ́ℓdirect effectℓ́ℓ in Latin American emerging economies, but not in the European Union or other developed countries. It observes that domestic courtsℓ́ℓ 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 jurisdictionsℓ́ℓ experiences and argues that the traditional academic literature that fosters domestic courtsℓ́ℓ 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.℗ℓ ℗ℓ ℗ℓ Analysis recht law Europa Europe politiek politics internationaal recht international law privaatrecht private law Law (General) Recht (algemeen) Bibliography Includes bibliographical references Notes Online resource; title from PDF title page (SpringerLink, viewed February 17, 2015) Subject Foreign trade regulation -- European Union countries Foreign trade regulation -- Brazil Comparative politics. International law. LAW -- Military. Commercial policy Economic policy Foreign trade regulation Brazil. European Union. Commercial agreements. Trade policy. National courts. International trade. Community law and national law. International law and national law. SUBJECT European Union countries -- Economic policy Brazil -- Commercial policy European Economic Community countries -- Economic policy. http://id.loc.gov/authorities/subjects/sh89006824 Subject Brazil European Union countries Form Electronic book ISBN 9783319139029 3319139029 3319139010 9783319139012

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