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Revista de la Secretaría del Tribunal Permanente de Revisión

On-line version ISSN 2304-7887

Abstract

SALES, Pedro Carneiro. MERCOSUL dispute resolution mechanism and the global administrative board. Rev. secr. Trib. perm. revis. [online]. 2020, vol.8, n.15, pp.31-50. ISSN 2304-7887.  https://doi.org/10.16890/rstpr.a8.n15.p31.

Initially, it will be analyzed what would be global governance and Global Administrative Law (DAG), as a regulator of its exercise, mainly through its principles that seek legitimacy and accountability. Among them, proportionality, protection of legitimate expectations, participation, the duty to motivate decisions and the right of appeal will be highlighted. However, the focus will be the regulation of trade exercised by MERCOSUR, in an attempt to verify to what extent the precepts of the DAG are respected. Focusing on the MERCOSUR dispute settlement mechanism, the research will analyze the evolution of this system, up to the current stage with a critical analysis from the DAG perspective, to know what agrees with it and what must evolve to improve the level of business governance that, as the case study analysis will show, is already reaching global levels. Finally, drawing the current panorama of the MERCOSUR dispute settlement system, the course towards evolution will be delineated to guarantee greater stability, efficiency and consolidation of the integration process, based on DAG and its contribution to the legitimacy of global governance.

Keywords : Global Administrative Law; commercial regulation; MERCOSUR; Dispute settlement mechanisms; Regional integration.

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