Inter-jurisdictional Co-operation in the MERCOSUR: The First Request for an Advisory Opinion of the MERCOSUR’s Permanent Review Tribunal by Argentina’s Supreme Court of Justice

in The Law & Practice of International Courts and Tribunals
Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?



Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.



Help

Have Institutional Access?



Access content through your institution. Any other coaching guidance?



Connect

Abstract

This comment discusses the request for an advisory opinion that originated in the case Sancor c/ Dirección General de Aduanas. This case emerged from the resolution of the Argentine Ministry of Economy which set export duties of 5% to certain milk products, without discriminating with regard to the destination of them, i.e. including members as well as non-members of the Southern Common Market (MERCOSUR). In this way, and after a long judicial process, in October 2009 Argentina’s Supreme Court of Justice (CSJN) requested an advisory opinion from the Permanent Review Tribunal of the MERCOSUR, ‐ Tribunal Permanente de Revisión ‐ asking the question “Does the Treaty of Asunción require Member States of MERCOSUR the obligation not to impose duties on exports of goods which are originated in one of them and which have another Member State as its final destination?” This article describes the historical circumstances surrounding the Argentine governmental measure, and then analyzes three specific issues related to the request of the advisory opinion by the Supreme Court: 1) the place of international law in the Argentine legal system; 2) the procedural legitimacy of the decision of the Court; and 3) some substantive issues involved in the requested advisory opinion.

Inter-jurisdictional Co-operation in the MERCOSUR: The First Request for an Advisory Opinion of the MERCOSUR’s Permanent Review Tribunal by Argentina’s Supreme Court of Justice

in The Law & Practice of International Courts and Tribunals

Sections

Index Card

Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 9 9 3
Full Text Views 0 0 0
PDF Downloads 0 0 0
EPUB Downloads 0 0 0