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Article

Access_open Mercosur: Limits of Regional Integration

Journal Erasmus Law Review, Issue 3 2019
Keywords Mercosur, European Union, regionalism, integration, international organisation
Authors Ricardo Caichiolo
AbstractAuthor's information

    This study is focused on the evaluation of successes and failures of the Common Market of the South (Mercosur). This analysis of Mercosur’s integration seeks to identify the reasons why the bloc has stagnated in an incomplete customs union condition, although it was originally created to achieve a common market status. To understand the evolution of Mercosur, the study offers some thoughts about the role of the European Union (EU) as a model for regional integration. Although an EU-style integration has served as a model, it does not necessarily set the standards by which integration can be measured as we analyse other integration efforts. However, the case of Mercosur is emblematic: during its initial years, Mercosur specifically received EU technical assistance to promote integration according to EU-style integration. Its main original goal was to become a common market, but so far, almost thirty years after its creation, it remains an imperfect customs union.
    The article demonstrates the extent to which almost thirty years of integration in South America could be considered a failure, which would be one more in a list of previous attempts of integration in Latin America, since the 1960s. Whether it is a failure or not, it is impossible to envisage EU-style economic and political integration in South America in the foreseeable future. So far, member states, including Brazil, which could supposedly become the engine of economic and political integration in South America, have remained sceptical about the possibility of integrating further politically and economically. As member states suffer political and economic turmoil, they have concentrated on domestic recovery before being able to dedicate sufficient time and energy to being at the forefront of integration.


Ricardo Caichiolo
Ricardo Caichiolo, PhD (Université catholique de Louvain, Belgium) is legal and legislative adviser to the Brazilian Senate and professor and coordinator of the post graduate programs on Public Policy, Government Relations and Law at Ibmec (Instituto Brasileiro de Mercado de Capitais, Brazil).
Article

Access_open Reflections on the 50th Anniversary of the EU Customs Union

Journal Erasmus Law Review, Issue 3 2019
Keywords Brexit, EU Customs Union, internal market
Authors Martijn L. Schippers and Walter de Wit
Author's information

Martijn L. Schippers
Martijn Schippers is a PhD Candidate at the Erasmus School of Law and affiliated to EY.

Walter de Wit
Walter de Wit is a professor in International and European Customs Law at the Erasmus School of Law and affiliated to EY.
Article

Digital Identity for Refugees and Disenfranchised Populations

The ‘Invisibles’ and Standards for Sovereign Identity

Journal International Journal of Online Dispute Resolution, Issue 1 2019
Keywords digital identity, sovereign identity, standards, online dispute resolution, refugees, access to justice
Authors Daniel Rainey, Scott Cooper, Donald Rawlins e.a.
AbstractAuthor's information

    This white paper reviews the history of identity problems for refugees and disenfranchised persons, assesses the current state of digital identity programmes based in nation-states, offers examples of non-state digital ID programmes that can be models to create strong standards for digital ID programmes, and presents a call to action for organizations like International Organization for Standardization (ISO) and the United Nations High Commissioner for Refugees (UNHCR).


Daniel Rainey
Daniel Rainey is a Board Member, InternetBar.Org (IBO), and Board Member, International Council for Online Dispute Resolution (ICODR)

Scott Cooper
Scott Cooper is a Vice President, American National Standards Institute (retired).

Donald Rawlins
Donald Rawlins is a Candidate (May 2019), Master of Arts in Dispute Resolution, Southern Methodist University.

Kristina Yasuda
Kristina Yasuda is a Director of Digital Identities for the InternetBar.org and a consultant with Accenture Strategy advising large Japanese corporations on their digital identity and blockchain strategy.

Tey Al-Rjula
Tey Al-Rjula is CEO and Founder of Tykn.tech.

Manreet Nijjar
Manreet Nijjar is CEO and Co-founder of truu.id, Member of the Royal College Of Physicians (UK), IEEE Blockchain Healthcare Subcommittee on Digital Identity, UK All Party Parliamentary Group on Blockchain and Sovrin Guardianship task force committee.
Article

Developments in Regional Trade Law

A View from Israel

Journal European Journal of Law Reform, Issue 1 2013
Keywords foreign trade, free trade area agreements, regional trade agreements
Authors Talia Einhorn
AbstractAuthor's information

    This article analyzes the developments in Israel’s regional trade agreements and their effects on the liberalization of its international trade. The article first addresses Israel’s dependence upon its international trade and the case for liberalizing it (Section A); the RTAs concluded by Israel (Section B); the contribution of the first Free Trade Area Agreements (FTAs), concluded by Israel with the European Economic Community, on the one hand, and the United States, on the other, to the overall liberalization of its international trade (Section C); a discussion follows of the special problems encountered with the rules of origin, an essential characteristic of any FTA, and of the proof of origin under Israel’s FTAs (Section D). The special features and problematic aspects of the customs union, concluded between Israel and the Palestine Liberation Organization (PLO), are analyzed (Section E). Finally, the article provides an outlook into the future of Israel’s RTAs (Section F).


Talia Einhorn
Professor of Law (Ordinaria), Ariel University Department of Economics and Business Management/Visiting Senior Research Fellow, Tel-Aviv University Faculty of Management; <taliaeinhorn@gmail.com>. The author is grateful to Adv. Avigdor Dorot for sharing his valuable practical experience.

Guillermo Javier Duberti
CONICET/UBA and Universidad de Belgrano, Buenos Aires, Argentina.

Maria Dakolias
M. Dakolias is counsel in the World Bank's Legal Department where she works on legal and judicial reform projects. The views expressed in this article are her views and not those of the organization she represents.

Javier Said
J. Said is an international consultant for innovation and technology management projects for the public sector including judicial reform. The authors wish to thank Judge John Lockhart for his comments. In addition, they wish to thank Alexandra Hunneus for her research assistance.

Willem Calkoen
Partner Nauta Dutilh, Former Chairman of the Section on Business Law of the International Bar Association.

Toni M. Fine
Director, Graduate and International Programs at Benjamin Cardozo School of Law. From 1998-2000, the author was Associate Director of the Global Law School Program at New York University School of Law. Chair, Association of American Law Schools Section on Graduate Programs for Foreign Students; Author of American Legal Systems: A Resource and Reference Guide (Anderson, 1997).

Deirdre Curtin
Professor of International and European Governance, University of Utrecht, The Netherlands. This text constitutes a reworked version of a keynote lecture given at the World Congress of Comparative Law in Utrecht on 17 July 2006.

Christiana Dr. iur. Fountoulakis
Assistant Professor in Private Law University of Basel
Article

In the Judicial Steps of Bolívar and Morazán?

Supranational Court Conversations Between Europe and Latin America

Journal European Journal of Law Reform, Issue 1 2011
Keywords courts, dialogue, integration, regionalism, case-law
Authors Allan F. Tatham
AbstractAuthor's information

    This paper explores the issues of judicial dialogue and constitutional migrations between the European Court of Justice (‘ECJ’) and Latin American regional courts. It considers the impact of the ECJ’s ‘constitutional’ case-law regarding supremacy and direct effect on the decisions of the Central American Court of Justice (‘CCJ’) and the Court of Justice of the Andean Community (‘ACCJ’). The study proceeds from a brief exposition of the legal aspects of the EU model of integration, before moving to identify the main factors which led to the selection of Latin American courts and to outline the background to integration in the two sub-regions. In addressing the CCJ and ACCJ, a short history and sketch of their jurisdiction is given before examining the impact of the migration of the integrationist activism of the ECJ on these regional judicial institutions.


Allan F. Tatham
Péter Pázmány Catholic University, Budapest, Hungary. The usual disclaimer applies.

Anna van der Vleuten
Anna van der Vleuten is universitair hoofddocent Europese Integratie aan het Institute for Management Research, Radboud Universiteit Nijmegen. Zij doet onderzoek op het gebied van gender, EU, vergelijkend regionalisme en interregionalisme.

Andrea Ribeiro Hoffmann
Andrea Ribeiro Hoffmann (1970) is verbonden aan de Willy Brandt School for Public Policy van de Universität Erfurt, Duitsland. Zij doet onderzoek op het gebied van het beleid van de EU jegens ontwikkelingslanden, Latijns-Amerika, Braziliaans buitenlands beleid en interregionalisme.
Article

De proliferatie van regionale integratie en het unieke karakter van de EU als wetenschappelijk probleem

Journal Res Publica, Issue 2 2009
Keywords Comparative regional integration, integration theory, political unification, European Union
Authors Luk Van Langenhove
AbstractAuthor's information

    This article presents an analytical framework to advance the comparative study of regional integration processes and to give a proper place to the EU within the field of regional integration studies. It is argued that a single theory of regional integration is not possible and that in order to compare different integration processes a distinction needs to be made between three generations of regionalism: i) integration by removing (economic) barriers; ii) integration by building a supranational structure and (iii) integration by building a geopolitical identity. This framework allows to better situate the EU towards other integration schemes in the world: as an exponent of first generation regionalism, the EU can be studied as one of many hundreds integration schemes; as a form of second generation integration the EU can only be compared to a limited number of cases and with regard to third generation regionalism the EU is a N = 1 case.


Luk Van Langenhove
Luk Van Langenhove (°1957) is directeur van het onderzoekscentrum UNU-CRIS van de Universiteit van de Verenigde Naties in Brugge (www.cris.unu.edu) en doceert aan het Europa College, de Vrije Universiteit Brussel en de Université Libre de Bruxelles. Zijn onderzoek spitst zich momenteel toe op regionale integratie en hij is coördinator van een door de E.C. gefinancierd Zevende Kaderprogramma project ‘EU-GRASP’. Hij is tevens ondervoorzitter van de International Social Sciences Council.

Montserrat González Garibay
Instituut voor Internationaal en Europees Beleid K.U.Leuven.
Article

Satellite Technology as a Source of Integration. A Comparative Analysis: Europe/MERCOSUR

Other Legal Matters, Including Legal Aspects of Launch Services

Journal International Institute of Space Law, Issue 4 2002
Authors L.F. Castillo Arganarás

L.F. Castillo Arganarás
Article

Law and Ethics of Space Activities in the New Millennium

Law and the Ethics of Space in the New Millennium

Journal International Institute of Space Law, Issue 1 2000
Authors M. Gaggero Montaner

M. Gaggero Montaner
Article

Overview of Latin America Rules and Policies x the WorldSpace Digital Broadcasting System (2nd Part of the WorldSpace Presentation)

Invited Papers of the IISL Plenary Event, 2000: "Making Space Profitable - the Role of Law and Policy"

Journal International Institute of Space Law, Issue 5 2000
Authors M. Camargo

M. Camargo
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