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Books > Social sciences > Politics & government > Comparative politics
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International Trade Agreements Before Domestic Courts - Lessons from the EU and Brazilian Experiences (Paperback, Softcover reprint of the original 1st ed. 2015)
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International Trade Agreements Before Domestic Courts - Lessons from the EU and Brazilian Experiences (Paperback, Softcover reprint of the original 1st ed. 2015)
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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 courts’ decisions in relation to the WTO
agreements, which have “direct effect” in Latin American
emerging economies, but not in the European Union or other
developed countries. It observes that domestic courts’
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
jurisdictions’ experiences and argues that the traditional
academic literature that fosters domestic courts’ 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.
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