{"id":520355,"date":"2010-04-08T09:28:49","date_gmt":"2010-04-08T13:28:49","guid":{"rendered":"http:\/\/worldtradelaw.typepad.com\/ielpblog\/2010\/04\/siel-translations-mercosur-tpr-decision-12005.html"},"modified":"2010-04-08T09:28:49","modified_gmt":"2010-04-08T13:28:49","slug":"siel-translations-mercosur-tpr-decision-12005","status":"publish","type":"post","link":"https:\/\/mereja.media\/index\/520355","title":{"rendered":"SIEL Translations: Mercosur TPR Decision, 1\/2005"},"content":{"rendered":"

The Society of International Economic Law has just released the first fruits of a trial project it is running, translating Spanish
\nlanguage material related to international economic law into English. The first project has been to translate the
\nfirst decision of the MERCOSUR Permanent Tribunal for Review (No<\/sup>1\/2005), on the Prohibition of the Importation of Retreaded Tyres from Uruguay.<\/p>\n

The translation is on the SIEL website, at www.sielnet.org\/sieltranslationproject<\/a>.The official Spanish language version can be found here<\/a>. <\/p>\n

The translation was carried out by: Ta\u00efs Jost; Nicol\u00e1s Perrone (London School of Economics, Universidad de
\nBuenos Aires); Maria Alejandra Calle-Saldarriaga (Universidad EAFIT); and Carolina Saldanha (Uno \u2013 Trade Strategy Advisors). Further detailed editorial work was then carried out byAleksandra
\nBojovic (London School of Economics), Nicol\u00e1s Perrone, and Ta\u00efs Jost, with some
\nassistance from myself. All have considerable expertise in international economic
\nlaw, and they have volunteered an enormous amount of time to this project. I
\nwould like to thank them publicly on behalf of SIEL.<\/p>\n

Substantively, there are quite a number of points of
\ninterest in this judgement. Some which spring immediately to mind:<\/p>\n

–      
\n<\/span><\/span><\/span>the decision makes considerable and very explicit
\nuse of the case law of other integration arrangements, namely EC and Andean
\nCommunity judgements, and one WTO judgement (Korea-Beef<\/em>). It does so under the rubric of a notion of \u2018the law of
\nintegration\u2019. This will be of interest to those interested in tracking
\ntransnational interactions between courts, and in particular the borrowings and
\ntransplantations between different regional arrangements.<\/p>\n

–      
\n<\/span><\/span><\/span>There are some interesting contrasts and
\ncomparisons with WTO law which present themselves. For example, the explicit
\n(and summary) treatment of the subjective intention behind the prohibition on
\nimported retreaded tyres (para 16) \u2013 which they dismiss as self-evidently
\nprotectionist.  <\/span>Or the assertion
\nthat exceptions to the principle of free trade must be interpreted narrowly
\n(para 10), an approach which has of course been rejected in WTO law.<\/p>\n

–      
\n<\/span><\/span><\/span>There are intriguing references to the
\n(in)ability of Mercosur Tribunals to refer to principles of public
\ninternational law external to the Mercosur legal system. It\u2019s not entirely
\nclear, but what looks initially like an unequivocal rejection seems to get
\nslightly more complicated later on the judgement. This at least offers some
\ncounterpoint to the usual discussion of whether and how the WTO could take
\nregional law into account.<\/p>\n

–      
\n<\/span><\/span><\/span>I found it interesting also that the PTR went
\nout of its way to reject the notion that the application of
\nenvironmental exceptions involves the balancing of two competing objectives, ie
\nthe freeing of trade and the protection of the environment (para 9) \u2013
\nparticularly as the approach it preferred might not be that different in
\npractice. There is a story to be told at some point, I am sure, which situates
\nthis kind of \u2018conflicting considerations\u2019 analysis (which we are very familiar
\nwith from the WTO\u2019s approach to GATT Article XX) within the narratives told by
\nof Duncan Kennedy and David Kennedy in their chapters in Trubek and Santos\u2019
\nrecent book on Law and Development.<\/p>\n

We hope you find the translation of some use.
\nThe unusual language of the Tribunal in some places presented its own
\ndifficulties of translation, and we would value feedback. We would also value
\nsuggestions as to what material is most urgently in need of translation. At present, w<\/span>e have a second Mercosur judgement in the
\nprocess of translation, as well as the Protocol of Olivos.<\/span><\/p>\n

\n<\/img><\/a> <\/img><\/a> <\/img><\/a> <\/img><\/a> <\/img><\/a>\n<\/div>\n

<\/p>\n","protected":false},"excerpt":{"rendered":"

The Society of International Economic Law has just released the first fruits of a trial project it is running, translating Spanish language material related to international economic law into English. The first project has been to translate the first decision of the MERCOSUR Permanent Tribunal for Review (No1\/2005), on the Prohibition of the Importation of […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7],"tags":[],"class_list":["post-520355","post","type-post","status-publish","format-standard","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/posts\/520355","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/comments?post=520355"}],"version-history":[{"count":0,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/posts\/520355\/revisions"}],"wp:attachment":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/media?parent=520355"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/categories?post=520355"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/tags?post=520355"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}