Multilateralismo x regionalismo: a fragmentação jurídico-institucional do comércio internacional no âmbito das exceções à cláusula da nação mais favorecida da OMC

AUTOR(ES)
DATA DE PUBLICAÇÃO

2009

RESUMO

Within the problem of regionalism proliferation and the erosion of most favored nation clause (NMF), this research investigates the possibility of identifying the regional trade agreements as legal institutions active in the multilateral trading system. The problem of the research proposes an analysis of the issue from another angle, starting of a juridical-institutionalist reference and a objective vision of international economic society. With this approach, it aims to contribute to comprehension the regionalism phenomenon and launch assumptions that help recognize these changes. For this purpose, the methodology of work includes theories and doctrines analysis that involve the universe of international law, as well the deepening of the concept of the legal institution of Santi Romano. They are also collated the positive rules of the multilateral system that paves the way for regionalism, as well articles and case law on the issue. Furthermore, GATT/WTO documents are brought to show the action of European legal institution in international trade and tolerance of other components of the international community facing the multilateral system requirements. The deductive method is used to try to draw a parallel between the concepts of legal institutions and regional trade agreements, opening space for their identification as subjects of that system. In the last chapter there is also the European experience integration analysis, applying the findings to the European regional agreement. Concluding the research, has been found a positive answer to the possibility of considerate the regional legal institutions, which have not status of part of the multilateral system, as subjects. The case study, besides, corroborates the considerations obtained showing that EEC legal personality exists in a objective way, regardless the system rules.

ASSUNTO(S)

acordos internacionais direito organização mundial do comércio regionalismo comercio internacional

ACESSO AO ARTIGO

Documentos Relacionados