Mechnanism of dispute settlement in areas of integration

Increasing international economic relations and the ordinarily considered phenomenon of creating (regional and sub-regional) Latin American areas of integration for expanding markets in intergovernmental trade with goods and services elucidates the importance of mechanisms of dispute settlement that were introduced in these areas. The objective of this project is to investigate the mechanisms of dispute settlement in a few selected Latin American areas of integration (Andean Community, Mercosur, ALADI, as well as the developing ALCA). These mechanisms of dispute settlement are analyzed in respect to their concrete institutional conception, as well as their legal quality. A partial aspect withal is the question of whether and under which prerequisites (also) natural and artificial persons are able to exercise these mechanisms. Furthermore, the relation of these mechanisms of dispute settlement to national courts is to be assessed. Aside from these legal aspects it will be additionally evaluated under microeconomic viewpoints, which effects these mechanisms exert upon the entrepreneurial practice (location decision, investment decisions, establishing of business relations etc). These two aspects will be assessed by a qualified contributor according to the scientific methods valid for the respective areas in order to subsequently coalesce the results. As the experts concerning Latin American integration or respectively dispute settlement are not operating in Europe, but in Latin America, many contact persons (scientific and practicing experts) result - due to contacts throughout many years - on site. The leader of this project is Univ. Prof. DDDr. Waldemar Hummer, Head of the Institute for International Law, European Law and International Relations at the University of Innsbruck, who has been dealing intensively for an extended period with legal problems regarding Latin American integration. The project is outlined for two years and will be conducted at the institute headed by Prof. Hummer. Furthermore, the project comprises research related travel of a scientific contributor to Latin America in order to be able to conduct the resulting microeconomic research on the spot. The focus of this project is definitely in the context of international law, however, special relations with international commercial law also exist.

The description and annotation of the proceedings of settlement of disputes within the Latin-American and Caribbean regional preference zones is the main focus of the objective research project. The specific worthiness of this analysis lays in the first-time, comprehensive description of all important Latin-American and Caribbean (MERCOSUR; Andean Community, Central American Common Market, alternatively SICA and Caribbean Single Market and Economy) economic integration zones, though some single studies about these already exist in the relevant literature. This description which is carried out in several single publications is supported on the one hand by a synoptic description of the proceedings of settlement of disputes and alternatively, as far as possible, by the judicature which has emerged from it, and on the other hand by a diversified materials section in which documents were included which to some extent were not known in the European literature up to now. The extent of these four single publications naturally varies, especially because it was particularly emphasized to strongly point out mechanisms of settlement of disputes which up to now were not at all or at least not extensively described. The first publication which has already been released is the study by Hummer, W. - Henning, K., Hundert Jahre völkerrechtliche (Schieds-)Gerichtsbarkeit in Zentralamerika, LIT Verlag, Wien, 2006, 445 pages. A further main focus was laid on the usability of the analysis by the entrepreneurial practice or alternatively by the administrative agencies. From a European point of view these mechanisms of settlement of disputes absolutely describe inventive proceedings which - except the settlement of disputes in the Andean Community - in principle do not orientate themselves at the European model as it was developed in the fold of the EU. Thus, for example, the court of the "CARICOM Single Market and Economy" (CSME) does not only adjust differences which occur in the integration law of the CSME but also umpires as court of appeal for national civil- and criminal proceedings. By doing so, this court has replaced the "Judicial Committee" of the "Privy council" in London which up to now has been operating in this area. The four analyses brought a series of particularities of international law to light which had been forgotten in the current European literature, as for example the fact that the "Central-American Court", the so called "Corte de Cartago" - which already was founded in 1907 - was the world wide oldest court under international law, which even authorized private persons to sue third states. A positive side effect of the compilation of the objective study which has to be emphasized especially was the necessity of contacting a series of specialists in Latin-American universities and research institutions which have led to an establishment of long term, scientific contacts. Building up on this network, it will be possible not only the for the employees of this research project but also for other members of the "scientific community" to further delve into these complex questions in the future.