Completed Dissertations on the Law of MERCOSUR
Peter Bischoff-Everding:
Wettbewerbsrecht im MERCOSUR, NOMOS Baden-Baden, 2003, 377 pp. (Wirtschaftsrecht des MERCOSUR Vol. 5)
In 1996 the MERCOSUR Member States signed a protocol on competition law. At the same time, Brazil and Argentina reformed their legislation on anti-trust und introduced merger control. Additionally, Uruguay enacted special legislation on competition law in 2000. The present work analyzes the MERCOSUR Member States’ domestic legislation on competition law as well as the law of associate member Chile. As special emphasis is placed on legal practice, decisions by administrative bodies and tribunals that are not accessible in Germany have been analyzed. After showing parallels and differences between the domestic legislative acts, the dissertation discusses the development and possible future of common rules on competition for MERCOSUR. Herein the focus lies on a critical evaluation of the protocol on competition law from 1996 (which so far has been ratified only by Brazil and Paraguay). After elaborating upon possible starting points for an effective protection of competition within MERCOSUR, the author concludes his work by commenting on a possible cooperation with the EU in matters of competition.
Jan Kleinheisterkamp:
International Commercial Arbitration in Latin America – The Case of the MERCOSUR and its Associated Countries
Dobbs Ferry, NY: Oceana Publications Inc. 2005, 750 pp.
International commercial arbitration has undergone fundamental changes in most countries of Latin America in the last decade, especially in the countries of MERCOSUR and the associate countries. This handbook provides practitioners and scholars alike with quick access to and in-depth analysis of the laws of Argentina, Bolivia, Brazil, Chile (including the new law on international commercial arbitration of September 2004), Paraguay, and Uruguay, as well as of the relevant international treaties, such as especially the MERCOSUR-Agreements of 1998.The book follows the structure of the UNCITRAL Model Law on International Commercial Arbitration, which guarantees easy access to the sometimes complicated national laws. The direct topical comparative analysis provides for a deeper insight than mere country reports. Interviews with nearly 100 judges, lawyers, and scholars assure that the practical reality is well reflected in the analysis.
Margret Böckel:
Einstweiliger Rechtsschutz im MERCOSUR, NOMOS Baden-Baden, 2006, 353 pp. (Wirtschaftrecht des MERCOSUR Vol. 6)
In the area of private international law and international procedural law, various treaties have been signed between the MERCOSUR Member States. One of these is the 1994 protocol concerning international provisional measures of protection which came into force in all Member States in 1998. It is this protocol which represents the starting point for the dissertation, one whose aim is to examine the system of international provisional measures of protection in MERCOSUR regarding both international jurisdiction and recognition and enforcement of foreign provisional measures. In the first part of the work the legislation of the MERCOSUR Member States in the area of domestic provisional measures is outlined. In the second part, the dissertation deals with the domestic legislation in the area of foreign provisional measures of protection. In the third part, international treaties dealing with international provisional measures between the Member States are analyzed. Finally, in the fourth part the above-mentioned MERCOSUR-Protocol on international provisional measures is examined more closely. The author comes to the conclusion that the existing legislation within MERCOSUR on international provisional measures is adequate and well-balanced. In spite of certain gaps, technical flaws and a still hesitant application in practice, the protocol thus represents an important instrument in MERCOSUR’s international procedural law.
Georg Pfeifle:
Der Multimodaltransport von Gütern im MERCOSUR, 2006, 334 pp.
After explaining the technical and historical background of multimodal transport, the author first outlines the basic legal problems that are related to it. In doing so, he also refers to international sources of law such as the UN Convention on International Multimodal Transport of Goods from 1980. Subsequently, the dissertation deals with multimodal transport in the MERCOSUR countries, as well as Bolivia and Chile. The author provides an overview of the domestic rules and also the (not yet ratified) MERCOSUR legislation on multimodal transport from 1994. He follows with an in-depth analysis on responsibility for damages, making comparative reference also to German law. In addition to the legal issues, the dissertation continuously deals with the technical questions and problems associated with the transport of goods in South America. The author observes that, for the time being, the MERCOSUR countries still lack the necessary infrastructure for efficient multimodal transport. In the conclusion he provides an outlook on possible future developments and discusses the technical alternatives to multimodal transport.