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International Trade Agreements Before Domestic Courts

Lessons from the EU and Brazilian Experiences

Authors: Jardim de Santa Cruz Oliveira, Maria Angela

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  • Presents the Brazilian experience with domestic application of international trade agreements
  • Shows the actual consequences in the real world of adopting or not direct effect of WTO law
  • Provides pathways for further research in other Latin American countries
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eBook 83,29 €
price for Spain (gross)
  • ISBN 978-3-319-13902-9
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover 103,99 €
price for Spain (gross)
  • ISBN 978-3-319-13901-2
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
  • The final prices may differ from the prices shown due to specifics of VAT rules
Softcover 103,99 €
price for Spain (gross)
  • ISBN 978-3-319-38578-5
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
  • The final prices may differ from the prices shown due to specifics of VAT rules
About this book

This book addresses the role of domestic courts in the enforcement of international trade agreements by examining the experiences of Brazilian and the European Union courts. This comparative study analyzes the differences, similarities and consequences of Brazilian and European courts’ decisions in relation to the WTO agreements, which have “direct effect” in Latin American emerging economies, but not in the European Union or other developed countries. It observes that domestic courts’ enforcement of international trade agreements has had several unintended and counterproductive consequences, which were foreseeable in light of international scholarly debate on the direct effect of WTO agreements. It draws lessons from these jurisdictions’ experiences and argues that the traditional academic literature that fosters domestic courts’ enforcement of international law should be reconsidered in Latin America in relation to international trade agreements. This book defends the view that, as a result of their function and objectives together with the principles of popular sovereignty and democratic self-government, international trade agreements should not be considered to be self-executing or to have direct effect. This empirical work will be valuable to anyone interested in the effects of international trade rules at the domestic level and the role of domestic judges in international law.

Table of contents (6 chapters)

Table of contents (6 chapters)
  • Introduction

    Pages 1-11

    Santa Cruz Oliveira, Maria Angela Jardim

  • The Relations Between International Law and Domestic Courts

    Pages 13-65

    Santa Cruz Oliveira, Maria Angela Jardim

  • The Relations Between International Trade Agreements and Domestic Courts in Brazil

    Pages 67-118

    Santa Cruz Oliveira, Maria Angela Jardim

  • The Relations Between International Trade Agreements and Domestic Courts in the European Union

    Pages 119-176

    Santa Cruz Oliveira, Maria Angela Jardim

  • Comparing the Role of Domestic Courts in International Trade Agreements

    Pages 177-198

    Santa Cruz Oliveira, Maria Angela Jardim

Buy this book

eBook 83,29 €
price for Spain (gross)
  • ISBN 978-3-319-13902-9
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover 103,99 €
price for Spain (gross)
  • ISBN 978-3-319-13901-2
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
  • The final prices may differ from the prices shown due to specifics of VAT rules
Softcover 103,99 €
price for Spain (gross)
  • ISBN 978-3-319-38578-5
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
  • The final prices may differ from the prices shown due to specifics of VAT rules
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Bibliographic Information

Bibliographic Information
Book Title
International Trade Agreements Before Domestic Courts
Book Subtitle
Lessons from the EU and Brazilian Experiences
Authors
Copyright
2015
Publisher
Springer International Publishing
Copyright Holder
Springer International Publishing Switzerland
eBook ISBN
978-3-319-13902-9
DOI
10.1007/978-3-319-13902-9
Hardcover ISBN
978-3-319-13901-2
Softcover ISBN
978-3-319-38578-5
Edition Number
1
Number of Pages
XI, 209
Topics