Abstract

SUNE, Natasha  and  LONG, Guillaume. Regional dispute resolution mechanisms: a tool available to States in democratic institutions. The case of the Union of South American Nations. Rev. secr. Trib. perm. revis. [online]. 2022, vol.10, n.19, pp.251-284.  Epub Nov 15, 2022. ISSN 2304-7887.  https://doi.org/10.16890/rstpr.a10.n19.e490.

Abstract: This study analyzes the legal situation of the Constitutive Treaty of Unasur after the denounced of the treaty made -or announced- by different member states; It explores the reasons that led to its creation and reflection on the current motives for the need for its subsistence as the only multidimensional legal framework towards a permanent South American integration. To reach its conclusions, it analyzes the internal procedures of denunciation of Argentina and Brazil; the status of its founding members in relation to the Constitutive Treaty of the organization; and the legal validity of the organization. The study concludes that the States had to resort to political dialogue and the dispute settlement mechanism provided for in the Constitutive Treaty - an option that is still in force - because it constitutes the ideal institutional mechanism to settle disputes between Unasur States.

Keywords : Denunciation of integration treaties; Dispute resolution mechanisms; Democratic institutionality; Convergence.

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