scholarly journals Legal evolution and convergence of rules of origin in the economic integration process of Andean Community and South American Common Market

2015 ◽  
Vol 25 (1) ◽  
pp. 31-43
Author(s):  
Enio Enrique Ortiz Valenzuela ◽  
María Fátima Pinho
1988 ◽  
Vol 16 (2) ◽  
pp. 83-100
Author(s):  
Igor I. Kavass

The Grupo Andino (also known as the Andean Common Market (or ANCOM), Acuerdo de Cartagena, and the Andean Pact) is an organization for the economic integration of the five South American countries located in the central and northern parts of the massive Andean mountain range. The present members of the organization are Bolivia, Colombia, Ecuador, Peru and Venezuela. Originally, when the Grupo Andino was established by means of a treaty known as the Cartagena Agreement (Acuerdo de Cartagena) in 1969, Chile was one of the founding members, whereas Venezuela abstained from joining the organization until 1973. As Chile began to develop a more flexible foreign trade and investment policy in the middle 1970's than was acceptable to the other Grupo Andino countries, it gradually withdrew from the organization's activities, and finally ceased to be a member in late 1976.


Author(s):  
Karen J. Alter ◽  
Laurence R. Helfer

This chapter considers the geopolitical factors now threatening the Andean Community and explains how the Andean Tribunal of Justice (ATJ) has responded to this crisis. It also explains why the ATJ's intellectual property (IP) island continues to thrive even as threats to the larger integration project loom larger. It then returns to the Ecuador noncompliance dispute, introduced in Chapter 6, and considers how developments in the Andean integration process may affect the influence and power of the ATJ going forward. Divisions in the Andean Community, together with the pull of competing regional projects such as Mercosur and UNASUR — a merger of the Andean Community and Mercosur — have impeded the longstanding goal of creating an Andean common market and led to significantly reduced government support for the Andean integration project as a whole. This chapter thus attempts to understand what happened to the ATJ's authority during this crisis.


2015 ◽  
Vol 3 (11) ◽  
pp. 0-0
Author(s):  
Наталия Доронина ◽  
Nataliya Doronina ◽  
Наталья Семилютина ◽  
Natalya Semilyutina

Since 2013, at the State Duma initiative, each April Saint-Petersburg has hosted the “Eurasian Economic Perspective” International Forum. This discussion venue for the exchange of opinions by parliament members of the post-Soviet states, with the participation of scientists, representing humanitarian sciences and education, furthers, among other things, the goal of the states’ integration and their economic development. The topic for discussion offered this year was the implementation problems of the Treaty on the Eurasian Economic Integration as of January, 1, 2015. One of the main integration problems is the problem of unification and harmonization of national legislations of the Treaty countries. The key question of the unification process is separation of powers and competences of the integration organization’s common body and the participating countries’ national bodies. The understanding of the supranational power of the common body is not correct. The integration experience in other unions between the states proves the importance of the sovereignty principle in the integration process. The author provides the analysis of former integration experience. For example, CMEA (Council of Mutual Economic Assistance) united the former Eastern European socialist republics and South-Eastern Asia and was dissolved in 90-ies after the transition of the States — participants to market economy. Notwithstanding its dissolution, CMEA created effective integration instruments on the basis of unification of national legislations: The CMEA General Conditions of Delivery. This instrument of the socialist common market continues to be practiced as model conditions for international contracts. The legal instrument of the International Business Corporation (IBC) has initiated the movement of resources that can be compared to the movement of capital in a free-market world. The CMEA experience has provided basic knowledge of cooperation, which was later used in other integration groups. The article also covers the economic integration of the European Union. It can be useful from the point of view of critics of “federalist” theories on the nature of integration of a group of states. The latter remains, as the authors show, to be subject to the International Law system. It is quite logical, that due to this position of the authors, they pay special attention to the key role of national legislation in the integration process. On the basis of the analysis of the Andean Common Market experience the authors underline the features of integration in the Latin American region. The comparative analysis of international regional unions of states is necessary to make the work of the Eurasian International Economic Union (EAEU) more effective. The Information Law is the technique that provides the diffusion of the most effective models of regulation for the purpose of economic integration. This approach in solving problems of economic integration in EAEU seems to be useful in search of the ways to overcome difficulties of the integration process.


Author(s):  
Dayana Aparecida Marques de Oliveira Cruz

Since 2016, the four States Parties to the Southern Common Market (Mercosur) - Argentina, Brazil, Paraguay and Uruguay - are experiencing internal political and economic crises that cannot be understood without observing the South American regional context. With the pandemic of the new coronavirus, the crisis also took on a health dimension, whose repercussions in 2021 made the celebration of the bloc's thirty years a moment of reflection on the effectiveness of the integration process, due to the absence of territorial management that addresses the Mercosur needs. The purpose of this text is to discuss the measures adopted in the context of Mercosur in the face of the current pandemic, economic and political crisis. The methodology used for the elaboration of the text included a bibliographic review on the regional integration process in Mercosur and the analysis of news about the situation and the measures adopted to contain the effects of the crisis in Argentina, Brazil, Paraguay and Uruguay.


Oikos ◽  
2015 ◽  
Vol 14 (29) ◽  
pp. 13
Author(s):  
Olga María Cerqueira Torres

RESUMENEn el presente artículo el análisis se ha centrado en determinar cuáles de las funciones del interregionalismo, sistematizadas en los trabajos de Jürgen Rüland, han sido desarrolladas en la relación Unión Europea-Comunidad Andina de Naciones, ya que ello ha permitido evidenciar si el estado del proceso de integración de la CAN ha condicionado la racionalidad política del comportamiento de la Unión Europea hacia la región andina (civil power o soft imperialism); esto posibilitará establecer la viabilidad de la firma del Acuerdo de Asociación Unión Europea-Comunidad Andina de Naciones.Palabras clave: Unión Europea, Comunidad Andina, interregionalismo, funciones, acuerdo de asociación. Interregionalism functions in the EU-ANDEAN community relationsABSTRACTIn the present article analysis has focused on which functions of interregionalism, systematized by Jürgen Rüland, have been developed in the European Union-Andean Community birregional relation, that allowed demonstrate if the state of the integration process in the Andean Community has conditioned the political rationality of the European Union towards the Andean region (civil power or soft imperialism); with all these elements will be possible to establish the viability of the Association Agreement signature between the European Union and the Andean Community.Keywords: European Union, Andean Community, interregionalism, functions, association agreement.


The analysis of integration of the legal systems of states in the American region is held. In the Southern subregion, a combination of integration and disintegration in cooperation of states led to the creation of two integration entities – MERCOSUR and the Andean Community (AC), in the Northern subregion – NAFTA. The author concludes that the convergence on the American continent, especially using the integration method, helped to implement a special scenario in the southern part of this continent – the meta-integration scenario, with the creation of the Union of South American Nations, uniting the Andean Community and MERCOSUR – something resembling a European one, but at the same time different from it. UNASUR is an effective mechanism for bringing together and integrating the states of the South American continent. Within this Union with notable leadership of Brazil and Argentina the first steps in the direction of the foreign policy integration of the member states are traced. In terms of economic integration, the Union uses the achievements of the AC and MERCOSUR, unifying the legal regulators in the economic sphere and bringing rapprochement to the legal systems of the member states.


Author(s):  
A. Fedorchenko

At present, the majority of countries are involved in regional economic associations. National economies are attracted primarily to the neighboring countries and regions. MENA countries have generally failed to seriously implement most PTAs. On the political front, concerns over the distribution of gains from integration across and within countries, issues of national sovereignty, and the cost of adjustment resulting from increased competition, all constrained intra-MENA FTAs. On the economic front, Arab countries have not had sufficient incentives to integrate because of similar production structures sheltered by high levels of protection. The research is focused at proceedings and prospects of integration process in the Arab Maghreb.


2000 ◽  
Vol 42 (1) ◽  
pp. 23-42 ◽  
Author(s):  
Jeffrey Cason

The integration process as developed in MERCOSUR has been largely a success, albeit led (and often aggravated) by Brazil. Three cases illustrate Brazil’s dominant role: the dispute over the automobile regime that began in 1995, the import-financing conflict of 1997, and the recent negotiations over the Free Trade Area of the Americas. Brazil’s behavior pattern does not threaten MERCOSUR’s stability, however, or the all-but-irreversible progress of regional integration.


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