Pub Date : 2023-06-01DOI: 10.51799/2763-8685v3n1009
Aline Beltrame de Moura
For nearly seventy years, the Brazilian private international law system has remained unchanged, while many other countries around the world have enacted new legislation in this field. Despite the significant involvement of Brazilian companies in the global market, the Brazilian legal system has shown resistance to accepting party autonomy in the choice of law. In light of this situation, the aim of this paper is to examine the existing divergence of opinions regarding the principle of party autonomy in Brazilian private international law. The focus will be on understanding the different perspectives regarding the scope of party autonomy in the absence of explicit legislative provisions. The specific objective is to assess whether the current Brazilian legislation, doctrine, and jurisprudence pertaining to international contracts offer adequate solutions to the challenges faced in international trade transactions, such as the possibility of using an arbitration clause as an escape valve for the inflexibility of the system.
{"title":"Party Autonomy in the choice of law: some insights from Brazil","authors":"Aline Beltrame de Moura","doi":"10.51799/2763-8685v3n1009","DOIUrl":"https://doi.org/10.51799/2763-8685v3n1009","url":null,"abstract":"For nearly seventy years, the Brazilian private international law system has remained unchanged, while many other countries around the world have enacted new legislation in this field. Despite the significant involvement of Brazilian companies in the global market, the Brazilian legal system has shown resistance to accepting party autonomy in the choice of law. In light of this situation, the aim of this paper is to examine the existing divergence of opinions regarding the principle of party autonomy in Brazilian private international law. The focus will be on understanding the different perspectives regarding the scope of party autonomy in the absence of explicit legislative provisions. The specific objective is to assess whether the current Brazilian legislation, doctrine, and jurisprudence pertaining to international contracts offer adequate solutions to the challenges faced in international trade transactions, such as the possibility of using an arbitration clause as an escape valve for the inflexibility of the system.","PeriodicalId":171261,"journal":{"name":"Latin American Journal of European Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113972499","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-30DOI: 10.51799/2763-8685v1n1011
Roberto Rodolfo Georg Uebel, Eveline Vieira Brigido, Clarice Rangel Schreiner
The Turkish Republic of Northern Cyprus, the political administration body of the de facto State located in the eastern portion of the island of Cyprus, presents itself today as one of the key points of the trilateral relationship between Turkey, Cyprus, and the European Union, also serving as an obstacle to the Turkish admission to the European bloc as a Member State. This article, therefore, analyses the normative, geopolitical, and migration aspects of the relations between the three actors based on a bibliographic and documentary research and a qualitative approach. The article is divided into five sections which, in addition to the introduction and final considerations, aim to contextualize Northern Cyprus historically and politically, analyse the geopolitical and regional aspects of Cyprus, and debate the normative issues of the Brussels-Nicosia-Ankara relations. Considering the unprecedented nature of the theme in the Brazilian academia, the results are expected to contribute to new understandings about this important Mediterranean region and its impacts on European and Turkish international relations, in an environment of increasing securitization and geopolitical instabilities.
{"title":"A União Europeia e a questão Turco-Cipriota: aspectos normativos, geopolíticos e migratórios","authors":"Roberto Rodolfo Georg Uebel, Eveline Vieira Brigido, Clarice Rangel Schreiner","doi":"10.51799/2763-8685v1n1011","DOIUrl":"https://doi.org/10.51799/2763-8685v1n1011","url":null,"abstract":"The Turkish Republic of Northern Cyprus, the political administration body of the de facto State located in the eastern portion of the island of Cyprus, presents itself today as one of the key points of the trilateral relationship between Turkey, Cyprus, and the European Union, also serving as an obstacle to the Turkish admission to the European bloc as a Member State. This article, therefore, analyses the normative, geopolitical, and migration aspects of the relations between the three actors based on a bibliographic and documentary research and a qualitative approach. The article is divided into five sections which, in addition to the introduction and final considerations, aim to contextualize Northern Cyprus historically and politically, analyse the geopolitical and regional aspects of Cyprus, and debate the normative issues of the Brussels-Nicosia-Ankara relations. Considering the unprecedented nature of the theme in the Brazilian academia, the results are expected to contribute to new understandings about this important Mediterranean region and its impacts on European and Turkish international relations, in an environment of increasing securitization and geopolitical instabilities.","PeriodicalId":171261,"journal":{"name":"Latin American Journal of European Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132348985","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-30DOI: 10.51799/2763-8685v1n1010
Beatriz Graziano Chow, Clarisse Laupman
In this article, the intended objective is to analyze some historical aspects that led to the constitution of data protection rights from a legislative perspective both in the European Union and in Brazil. In Brazil, there is still a lot to do towards what is considered regulated for the European community. Also, we address the current situation in these territories and present possible setbacks to data protection worldwide. Data protection is holistic, it can be reflected in various categories, such as science, health, computer technologies, economics, politics, etc. Therefore, the methodology used is to suggest that the spread of the notion of the right to privacy as a fundamental right and substantially connected to the right to data protection is engraved in the technological reality around the globe. We shall converge the topics of privacy, data protection, and ethics within controversial topics, such as the Covid-19 pandemic and the use of artificial intelligence. The summary of conclusion includes the fact that the world must go forward towards the awareness of data protection culture and notoriously recognize the fact that the General Data Protection Regulation came to break down geographic borders and heavily influenced the creation of other legislations, especially in Brazil, but this is only the beginning into dealing with such a complex situation, that is the evolution of technology in time.
{"title":"Data protection implications through an inner-connected world: European Union’s contributions towards the brazilian legislative scenario","authors":"Beatriz Graziano Chow, Clarisse Laupman","doi":"10.51799/2763-8685v1n1010","DOIUrl":"https://doi.org/10.51799/2763-8685v1n1010","url":null,"abstract":"In this article, the intended objective is to analyze some historical aspects that led to the constitution of data protection rights from a legislative perspective both in the European Union and in Brazil. In Brazil, there is still a lot to do towards what is considered regulated for the European community. Also, we address the current situation in these territories and present possible setbacks to data protection worldwide. Data protection is holistic, it can be reflected in various categories, such as science, health, computer technologies, economics, politics, etc. Therefore, the methodology used is to suggest that the spread of the notion of the right to privacy as a fundamental right and substantially connected to the right to data protection is engraved in the technological reality around the globe. We shall converge the topics of privacy, data protection, and ethics within controversial topics, such as the Covid-19 pandemic and the use of artificial intelligence. The summary of conclusion includes the fact that the world must go forward towards the awareness of data protection culture and notoriously recognize the fact that the General Data Protection Regulation came to break down geographic borders and heavily influenced the creation of other legislations, especially in Brazil, but this is only the beginning into dealing with such a complex situation, that is the evolution of technology in time.","PeriodicalId":171261,"journal":{"name":"Latin American Journal of European Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115307506","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-01DOI: 10.51799/2763-8685v1n1003
Rafael Tamayo-Álvarez
This article addresses certain issues of public international law arising in the realm of intra-EU investment treaty arbitration. That is, when an investor with the nationality of a Member State of the European Union initiates Investor-State arbitration proceedings against another Member State. The Court of Justice of the European Union ruled recently that Intra-EU investment treaty arbitrations are incompatiblewith EU Law. This reinforced the arguments advanced by Member States when objecting the jurisdiction of investment treaty tribunals in charge of settling disputes lodged against them, especially under the arbitration clause of the Energy Charter Treaty. When dealing with these objections, arbitrators apply the provisions of the Vienna Convention on the Law of Treaties. The article thus describes the role of some of those provisions in Intra-EU investment treaty arbitration.
{"title":"El derecho de los tratados en el arbitraje de inversión intra-Unión Europea","authors":"Rafael Tamayo-Álvarez","doi":"10.51799/2763-8685v1n1003","DOIUrl":"https://doi.org/10.51799/2763-8685v1n1003","url":null,"abstract":"This article addresses certain issues of public international law arising in the realm of intra-EU investment treaty arbitration. That is, when an investor with the nationality of a Member State of the European Union initiates Investor-State arbitration proceedings against another Member State. The Court of Justice of the European Union ruled recently that Intra-EU investment treaty arbitrations are incompatiblewith EU Law. This reinforced the arguments advanced by Member States when objecting the jurisdiction of investment treaty tribunals in charge of settling disputes lodged against them, especially under the arbitration clause of the Energy Charter Treaty. When dealing with these objections, arbitrators apply the provisions of the Vienna Convention on the Law of Treaties. The article thus describes the role of some of those provisions in Intra-EU investment treaty arbitration.","PeriodicalId":171261,"journal":{"name":"Latin American Journal of European Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116281687","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-27DOI: 10.51799/2763-8685v1n1005
Maria João Palma
Since the Lisbon Treaty, which came into force in 2009, the European Union has been implementing the new competence in the area of foreign direct investment. All European institutions were actively involved in this process. I briefly analyze the role of the Court of Justice of the European Union in this process, establishing the links between Opinion 2/15 (EU/Singapore); Achmea Case and Opinion 1/17 (CETA), explaining why they are relevant in the overall framework of EU Foreign Investment policy, as it stands today, and what measures are needed to have an EU policy that is more coherent and uniformly applicable to all investors in the EU market.
{"title":"Uma década de política europeia de investimento estrangeiro – balanço e perspetivas futuras","authors":"Maria João Palma","doi":"10.51799/2763-8685v1n1005","DOIUrl":"https://doi.org/10.51799/2763-8685v1n1005","url":null,"abstract":"Since the Lisbon Treaty, which came into force in 2009, the European Union has been implementing the new competence in the area of foreign direct investment. All European institutions were actively involved in this process. I briefly analyze the role of the Court of Justice of the European Union in this process, establishing the links between Opinion 2/15 (EU/Singapore); Achmea Case and Opinion 1/17 (CETA), explaining why they are relevant in the overall framework of EU Foreign Investment policy, as it stands today, and what measures are needed to have an EU policy that is more coherent and uniformly applicable to all investors in the EU market.","PeriodicalId":171261,"journal":{"name":"Latin American Journal of European Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127087856","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-25DOI: 10.51799/2763-8685v1n1006
S. Simonit
The relationships between the European Union (EU) and Latin America and the Caribbean (LAC) are based on historical-cultural values that have evolved towards a fluid trade and investment exchange and with potential for expansion and deepening. The study aims to identify the current situation of trade and investment relationships between the EU and LAC, disaggregating the analysis at the level of the Mercosur subregion (MCS), to analyze the trade pillar of the agreement closed on 28.06.2019 and diagnose aspects of its potential impact on the agro-industrial o agri-food sector. The applied methodology follows a normative and positive approach, supported by the latest statistical information available. The results show that the trade relationship between the EU and LAC places the EU, in general, as a third trading partner, and it is characterized by an asymmetric exchange. The MCSsubregion exports to EU primary products and manufactures based onnatural resources and imports from EU medium and high technologymanufactures. In terms of investment, the EU is the main investor in LAC. The EU-MCS agreement was closed and it is in the process of legal review. The economic-commercial chapter may entry into force independent of the rest of the agreement. Specifically for agricultural products, it provides that the EU grants preferential access to 99% of trade with MCS, with tariff elimination for 84% of imports and for the rest quotas or fixed preferences; and MCS will release 88% of imports. As main final considerations, the following stand out: the parties may not maintain, introduce or reintroduce subsidies -or other measures withequivalent effect- to exports on an agricultural product that is exportedor incorporated in a product that is exported; the environmental aspectis foreseen in the chapter of the agreement referring to trade andsustainable development and, through dialogue, it may be evaluated how to improve it.
{"title":"Unión Europea-América Latina y el Caribe: comercio e inversión y el acuerdo de asociación Unión Europea-Mercosur en su pilar comercial y sus potenciales efectos en el sector agroindustrial","authors":"S. Simonit","doi":"10.51799/2763-8685v1n1006","DOIUrl":"https://doi.org/10.51799/2763-8685v1n1006","url":null,"abstract":"The relationships between the European Union (EU) and Latin America and the Caribbean (LAC) are based on historical-cultural values that have evolved towards a fluid trade and investment exchange and with potential for expansion and deepening. The study aims to identify the current situation of trade and investment relationships between the EU and LAC, disaggregating the analysis at the level of the Mercosur subregion (MCS), to analyze the trade pillar of the agreement closed on 28.06.2019 and diagnose aspects of its potential impact on the agro-industrial o agri-food sector. The applied methodology follows a normative and positive approach, supported by the latest statistical information available. The results show that the trade relationship between the EU and LAC places the EU, in general, as a third trading partner, and it is characterized by an asymmetric exchange. The MCSsubregion exports to EU primary products and manufactures based onnatural resources and imports from EU medium and high technologymanufactures. In terms of investment, the EU is the main investor in LAC. The EU-MCS agreement was closed and it is in the process of legal review. The economic-commercial chapter may entry into force independent of the rest of the agreement. Specifically for agricultural products, it provides that the EU grants preferential access to 99% of trade with MCS, with tariff elimination for 84% of imports and for the rest quotas or fixed preferences; and MCS will release 88% of imports. As main final considerations, the following stand out: the parties may not maintain, introduce or reintroduce subsidies -or other measures withequivalent effect- to exports on an agricultural product that is exportedor incorporated in a product that is exported; the environmental aspectis foreseen in the chapter of the agreement referring to trade andsustainable development and, through dialogue, it may be evaluated how to improve it.","PeriodicalId":171261,"journal":{"name":"Latin American Journal of European Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132516537","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-25DOI: 10.51799/2763-8685v1n1004
Gabriela Teresita Mastaglia
The aim of this paper is to determine, on the basis of a limited sample, the legal regime applicable to the dispute settlement system on investments in the future, in the framework of the relationships between the European Union and Latin America, and its possible development, as well as whether or not this progression could be homogeneous in the region. To this end, it has been undertaken a comparative study of two agreements negotiated, but not yet in force, between countries of different sub-regions of Latin America, specifically those reached with Mexico and the MERCOSUR. Although the latter is part of an integration process, due to its internal tensions and stagnation in its development, it has become mainly an international negotiating platform for its member countries vis-a-vis third parties, which makes it of greater interest as an object of study, given that the national interests of each of them acquire greater relevance than common interests in the development of such negotiations and the agreements reached. The differences in the external relations built up over the last thirty years by Mexico on the one hand and MERCOSUR on the other, the capacity for political and economic adaptation of the states involved in view of a changing global scenario caused by crises of different natures, both internally and externally, are conditioning factors for the agreements that may be concluded in the area of investment, even with the flexibility in negotiations that characterizes the European Union’s policy in this respect.
{"title":"Sistema de solución de controversias en materia de inversiones en los tratados negociados por la Unión Europea con México y el Mercosur (2019/2020). Un estudio comparativo","authors":"Gabriela Teresita Mastaglia","doi":"10.51799/2763-8685v1n1004","DOIUrl":"https://doi.org/10.51799/2763-8685v1n1004","url":null,"abstract":"The aim of this paper is to determine, on the basis of a limited sample, the legal regime applicable to the dispute settlement system on investments in the future, in the framework of the relationships between the European Union and Latin America, and its possible development, as well as whether or not this progression could be homogeneous in the region. To this end, it has been undertaken a comparative study of two agreements negotiated, but not yet in force, between countries of different sub-regions of Latin America, specifically those reached with Mexico and the MERCOSUR. Although the latter is part of an integration process, due to its internal tensions and stagnation in its development, it has become mainly an international negotiating platform for its member countries vis-a-vis third parties, which makes it of greater interest as an object of study, given that the national interests of each of them acquire greater relevance than common interests in the development of such negotiations and the agreements reached. The differences in the external relations built up over the last thirty years by Mexico on the one hand and MERCOSUR on the other, the capacity for political and economic adaptation of the states involved in view of a changing global scenario caused by crises of different natures, both internally and externally, are conditioning factors for the agreements that may be concluded in the area of investment, even with the flexibility in negotiations that characterizes the European Union’s policy in this respect.","PeriodicalId":171261,"journal":{"name":"Latin American Journal of European Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126397124","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-20DOI: 10.51799/2763-8685v1n1002
Giulia D’Agnone
The purpose of this paper is to verify whether it can be ascertained a policy of “environmental conditionality” in EU trade relations with Latin American countries, aimed to environmental promotion and to improve sustainable development. It analyses both agreements and unilateral acts in order to define the characteristics and the efficacy of such a policy. The paper reaches the conclusion that environmental conditionality, even being a soft form of conditionality, can prove to be an effective formula to induce third countries to improve environmental protection.
{"title":"Environmental conditionality in Eu-Latin America trade relations","authors":"Giulia D’Agnone","doi":"10.51799/2763-8685v1n1002","DOIUrl":"https://doi.org/10.51799/2763-8685v1n1002","url":null,"abstract":"The purpose of this paper is to verify whether it can be ascertained a policy of “environmental conditionality” in EU trade relations with Latin American countries, aimed to environmental promotion and to improve sustainable development. It analyses both agreements and unilateral acts in order to define the characteristics and the efficacy of such a policy. The paper reaches the conclusion that environmental conditionality, even being a soft form of conditionality, can prove to be an effective formula to induce third countries to improve environmental protection.","PeriodicalId":171261,"journal":{"name":"Latin American Journal of European Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131265339","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-13DOI: 10.51799/2763-8685v1n1001
C. D. Pozo
The purpose of this paper is analyze the relationship between the European Union and Latin America, by the examination of their trade agreements in the current context of the COVID-19 pandemic, as well as their projection, as consequence of the new approaches due to the New international Order that will delimit the global trade.
{"title":"Las relaciones Eurolatinoamericanas en el marco de la nueva política comercial de la Unión Europea","authors":"C. D. Pozo","doi":"10.51799/2763-8685v1n1001","DOIUrl":"https://doi.org/10.51799/2763-8685v1n1001","url":null,"abstract":"The purpose of this paper is analyze the relationship between the European Union and Latin America, by the examination of their trade agreements in the current context of the COVID-19 pandemic, as well as their projection, as consequence of the new approaches due to the New international Order that will delimit the global trade.","PeriodicalId":171261,"journal":{"name":"Latin American Journal of European Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130248744","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.51799/2763-8685v2n2003
Sergio Díaz-Botero, David E. Villota
This article intends to carry out an analysis that concerns the dynamics whit which International Economic Law, based on some provisions contained in its own regime, intends to exclude obligations that have been interpreted from other perspectives and that have been interpreted from other perspectives and that, over time, have gained prominence in international law discussion forums. The specific cases are limited to those settled in the WTO Dispute Settlement Body and the ICSID Appellate Body, all in relation to the interpretation generated in other systems from an alternative perspective and that may have a final impact for Europe, to finally seek a precedent-setting relationship such as the ICJ Whaling Convention (Australia v. Japan). It will seek to define from the CILT, the spirit whit which the exceptions contained in Article XX of the GATT emerged., which allows us to see an approach to the ecocentric approach that prevails today in a part of the world and that will soon be the dominant paradigm.
{"title":"Exceptions to compliance clauses in international economic law from an ecocentric approach and from the global south","authors":"Sergio Díaz-Botero, David E. Villota","doi":"10.51799/2763-8685v2n2003","DOIUrl":"https://doi.org/10.51799/2763-8685v2n2003","url":null,"abstract":"This article intends to carry out an analysis that concerns the dynamics whit which International Economic Law, based on some provisions contained in its own regime, intends to exclude obligations that have been interpreted from other perspectives and that have been interpreted from other perspectives and that, over time, have gained prominence in international law discussion forums. The specific cases are limited to those settled in the WTO Dispute Settlement Body and the ICSID Appellate Body, all in relation to the interpretation generated in other systems from an alternative perspective and that may have a final impact for Europe, to finally seek a precedent-setting relationship such as the ICJ Whaling Convention (Australia v. Japan). It will seek to define from the CILT, the spirit whit which the exceptions contained in Article XX of the GATT emerged., which allows us to see an approach to the ecocentric approach that prevails today in a part of the world and that will soon be the dominant paradigm.","PeriodicalId":171261,"journal":{"name":"Latin American Journal of European Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127520966","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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