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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.
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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