By Maria Angela Jardim de Santa Cruz Oliveira
This ebook addresses the position of household courts within the enforcement of overseas alternate agreements through interpreting the reviews of Brazilian and the eu Union courts. This comparative examine analyzes the variations, similarities and effects of Brazilian and eu courts’ judgements in terms of the WTO agreements, that have “direct influence” in Latin American rising economies, yet no longer within the ecu Union or different constructed international locations. It observes that family courts’ enforcement of foreign alternate agreements has had numerous accidental and counterproductive outcomes, that have been foreseeable in gentle of overseas scholarly debate at the direct impression of WTO agreements. It attracts classes from those jurisdictions’ studies and argues that the normal educational literature that fosters family courts’ enforcement of foreign legislations can be reconsidered in Latin the US in terms of foreign alternate agreements. This ebook defends the view that, due to their functionality and goals including the foundations of renowned sovereignty and democratic self-government, foreign exchange agreements shouldn't be thought of to be self-executing or to have direct influence. This empirical paintings may be beneficial to somebody drawn to the results of foreign alternate principles on the family point and the function of household judges in foreign law.
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Extra resources for International Trade Agreements Before Domestic Courts: Lessons from the EU and Brazilian Experiences
Sample text
As the subsequent chapters will show, the political doctrine has not been used in litigation involving WTO agreements in the cases studied before Brazilian and EU courts, which indicates of the lack of relevance of this doctrine outside the United States. Yet, the principle of separation of powers, which is the basis of the political question doctrine, will be much discussed throughout this study, particularly with reference to the shift of power between the judiciary and the political branches in how a state may discharge its international trade obligation, as the following sections will detail.
To assess the role of domestic courts in the concrete application (or not) of international trade rules, this study draws on the two general approaches in the international legal scholarship on what should be the proper role of domestic courts in international law, both of which will be further developed in the following sections. In brief, this study draws on the literature review about the role of domestic courts regarding international law to build a picture of currents in international legal scholarship that share the same foundation, although their particularities should not be disregarded.
98 Lord and Stein (2009), Waters (2007), and McGoldrick (2007). 99 Knop (2000). , p. 503. 101 Ibid. , p. 505. 115 According to the doctrine of sources, domestic judicial 103 Ibid. , p. 517. , p. 503. , p. 504. , p. 506. , p. 506. , p. 504. , p. 517. 111 Ibid. 112 Ibid. 113 Ibid. , p. 535. 115 Knop (2000) and Roberts (2011). 2 The Role of Domestic Courts Regarding International Law: General. . 116 Building on Knop’s call for rethinking domestic courts’ interpretation of international law, Roberts calls for attention to the dual role of domestic courts in the doctrine of sources of international law, under which domestic courts’ decision can constitute state practice as well as a subsidiary means for interpreting international law.