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Vol. 6 No. 1 (2026): Latin American Journal of European Studies

Vol. 6 No. 1 (2026): Latin American Journal of European Studies

PUBLISHED: 2026-07-07

The Latin American Journal of European Studies (ISSN 2763-8685) is a publication of the Latin American Center of European Studies, currently supported by the Jean Monnet Network Policy Debate “BRIDGE Watch” project with funding from the Erasmus + Programme of the European Commission. With a focus on the editorial lines on European Union Law and Policies and International Relations of the European Union with third countries and Latin America, the eleventh edition of the Journal also has a thematic dossier on “Fair and Free Trade for Inclusive Economies” organized by Nuno Cunha Rodrigues of the University of Lisbon, (Portugal). The eleventh edition of the Journal is open for submissions until May 1st, 2026.

Full Issue

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Editorial

Aline Beltrame de Moura , Naiara Posenato

Abstract

The Latin American Journal of European Studies (ISSN 2763-8685) is a publication of the Latin American Center of European Studies, currently supported by the Jean Monnet Network Policy Debate “BRIDGE Watch” project with funding from the Erasmus + Programme of the European Commission. With a focus on the editorial lines on European Union Law and Policies and International Relations of the European Union with third countries and Latin America, the eleventh edition of the Journal also has a thematic dossier on “Fair and Free Trade for Inclusive Economies” organized by Nuno Cunha Rodrigues of the University of Lisbon, (Portugal). 

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Dossier

Authors:

Antonio Lopo Martinez – https://orcid.org/0000-0001-9624-7646

 

Keywords:

Carbon border adjustment mechanism; procedural fairness and fair treatment; EU–Latin America trade governance.

 

Abstract

Carbon border measures—particularly emissions-based border adjustment regimes—operate in practice as hybrid instruments: while justified as climate policy, they impose compliance duties, assessments, monetary liabilities, penalties, and review processes that resemble those of tax and customs administration. This hybrid design poses governance and legitimacy challenges for “fair and free trade” agendas: if procedures are opaque, discretionary, or excessively burdensome, carbon border measures may exclude smaller exporters, deepen North–South asymmetries, and increase the likelihood of disputes in trade and investment fora. This article develops a conceptual fair-treatment framework for carbon border measures, focusing on procedural fairness and dispute prevention for exporters, with particular attention to EU–Latin America trade relations. The article makes three contributions. First, it maps the exporter’s procedural journey and identifies recurring friction points (scope and classification, emissions methodology, verification, correction windows, assessments, penalties, and review). Second, it proposes a Fair Treatment Procedural Matrix that sets minimum safeguards at each stage: notice and guidance, access to evidence, an opportunity to respond and cure, reasoned decision-making, proportional enforcement, and effective appeal. Third, it offers a dispute-prevention toolkit grounded in transparency, cooperative compliance, mutual recognition of verification, phased implementation, and proportionality-based cost mitigation. The framework provides policymakers with actionable guidance to reconcile environmental ambition with governance, legitimacy, and inclusive participation in international trade.

Antonio Lopo Martinez

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Authors:

Pablo Guerra – https://orcid.org/0000-0002-2586-7175

Keywords: 

Free Trade; Fair Trade; Economic Ethics.

Abstract

In this article, we will discuss how the discourses and economic practices of commerce have been shaped around the ethical principles of liberty and justice. We will argue that from classical Aristotelian thought to the Renaissance, with particular importance given to what occurred in the Middle Ages, there was a strong interest in ethically regulating the rules of commerce according to social and religious norms. From the Renaissance onward, and especially with the advent of Modernity, freedoms, and more specifically the value of economic freedom, begin to be of fundamental importance in moving toward a less regulated economy, relying on the action of the ‘invisible hand’ (market system). Analyzing the context of the development of the history of ideas, we aim secondly to address the question of whether trade should then be fair or free. While some current schools of economic thought insist on the virtues of market self-regulation, other movements, rightly concerned with the consequences of a free-market international order, have raised the banners for fair trade. Within this debate, the author proposes that, for sustainable societies, trade should be as free as possible but always guided by criteria of social and environmental justice. In other words, to insist on the virtuous Polanyian idea of an economy embedded in society.

Pablo Guerra

 

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Author:

Liliana Bertoni – https://orcid.org/0009-0002-2255-1623

Keywords: 

Development; Trade; Inclusion.

Abstract

This article aims, in its first part, to analyze the different stages and the evolution of world trade. It then relates this development to the growth and formation of a new international society, highlighting the progress achieved by certain nations, particularly China, which has reorganized its role in the global economy through the expansion of its trade and has become a major world power today. At the same time, this article seeks to emphasize the convergence of two important variables that currently constitute a key driver of economic progress and development: free trade and fair trade. Their combination contributes significantly to the construction of inclusive economies, where economic growth can go hand in hand with social justice, environmental sustainability, and the reduction of inequalities. In conclusion, in line with the recipients of the 2024 Nobel Prize in Economic Sciences, we argue that it is inclusive institutions that foster prosperous economies and promote the overall well-being of the population.

Liliana Bertoni

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Author: 

Patrícia Ponte Bastos – https://orcid.org/0009-0002-0461-300X

Keywords: 

Free Trade Agreements; Labour; Core Labour Standards.

Abstract

This article seeks to offer a critical reflection on the intrinsic, and historically controversial, relationship between international trade and labour and, in particular, on how this relationship has been shaped through the conclusion of preferential trade agreements, notably by the European Union, with the aim of introducing the idea of justice or fair trade into the architecture of the free trade system. Contrary to what is seen in the GATT/WTO multilateral trading system, where there are no standards concerning labour rights, preferential trade agreements have proliferated with chapters dedicated to enshrining labour standards, whose configurations, but also possibilities and limitations, must continue to be discussed. The so-called “promotional” model of labour standards adopted by the European Union since the trade agreement concluded with the Republic of Korea in 2010, which includes a single chapter dedicated to “trade and sustainable development”, is the example from which we propose to analyze the scope of these standards and the prospects that may be opened up for the international protection of workers’ rights. The 2021 decision of the panel of experts set up under this agreement, analyzed at the end of this article, seems likely to play an important role in the legal interpretation of these provisions.

Patrícia Ponte Bastos

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Author: 

Amon Elpidio da Silva – https://orcid.org/0000-0003-1713-2846

Melina Coelho Garcia – https://orcid.org/0000-0001-7069-6531

Keywords: 

Empirical Legal Studies; EU-Mercosur Association Agreement; Non-tariff Barriers.

Abstract

The Precautionary Principle (PP), codified in Article 191(2) of the Treaty on the Functioning of the European Union (TFEU), has evolved from an environmental guideline into a general principle of EU law. In recent years, the EU has incorporated the PP into the Trade and Sustainable Development (TSD) chapters of Free Trade Agreements (FTAs), reinforcing the parties’ “right to regulate” in matters of environmental and health protection, even amidst scientific uncertainty, when a risk is identified. However, EU’s comparatively low risk threshold may generate legal tensions with trade partners. This research examines the legitimacy of the EU’s application of the PP in FTAs, focusing on the EU-Mercosur Association Agreement. It asks whether precautionary measures promote inclusive cooperation or operate as disguised non-tariff barriers that disadvantage emerging economies. To address this question, the study adopts an empirical-analytical methodology using a jurimetrics approach. Through Python-based data analysis, it evaluates Court of Justice of the European Union (CJEU) judgments between 2000 and 2023, drawn from the IUROPA CJEU Database, to quantify the internal judicial rigour applied to the PP. This statistical analysis contrasts the EU’s relatively restrained domestic judicial practice with its broader external standard-setting in FTAs. The research also considers relevant decisions of the World Trade Organization’s Dispute Settlement Bodies to assess the perception of unilateralism in the use of the PP. The findings show that inclusive economic cooperation depends on narrowing the gap between the CJEU’s internal scrutiny and the EU’s external enforcement of precautionary standards. For a genuinely fair trade framework, the PP must be implemented through judicial reciprocity and science-based transparency, ensuring simultaneous environmental protection and cooperative trade relations.

Amon Elpidio da Silva, Melina Coelho Garcia

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Authors: 

Graziela de Araújo Modesto – https://orcid.org/0009-0002-8100-4339

João Paulo Modesto da Silva – https://orcid.org/0009-0004-2327-9013

Keywords: 

Mercosur–European Union Agreement; Fair Trade; Public International Law.

Abstract

The present study adopts a legal-dogmatic method with an interdisciplinary approach, articulating categories of Public International Law with elements of international political economy. The analysis is developed through a critical review of specialized scholarship and a structural examination of the provisions of the Mercosur–European Union Agreement, with particular attention to the productive and institutional asymmetries that characterize center–periphery relations in global trade. This is analytical and critical-structural research, whose objective is not merely to describe the normative content of the agreement, but to assess its potential distributive and institutional effects. It proceeds from the understanding that trade liberalization, although potentially conducive to economic growth, does not by itself guarantee equitable development or distributive justice. As illustrated by the composition of trade flows between the blocs examined in this study, European exports are predominantly composed of high value-added industrial goods, whereas Mercosur exports largely consist of primary products, in light of the structuralist theory of ECLAC and Dependency Theory. The study also examines European regulatory extraterritoriality, particularly regarding the imposition of environmental and sanitary standards as conditions for access to the European Union market, questioning its legitimacy on the basis of “impure” extraterritoriality as recognized within International Law. Finally, the impacts of the agreement on vulnerable communities are assessed, and pathways are proposed to promote fairer and more sustainable trade. It is also concluded that, as a development instrument, the agreement will only be effective if it incorporates binding mechanisms for socio-environmental protection, technical cooperation, and value-added policies capable of mitigating historical structural inequalities.

Graziela de Araújo Modesto, João Paulo Modesto da Silva

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Author: 

Anita Mattes – https://orcid.org/0000-0002-9808-0525

Naiara Posenato – https://orcid.org/0000-0002-4261-5922

Keywords: 

Geographical Indications; EU-Mercosur Agreement; Territorial Development.

Abstract

This study aims to analyze the legal framework of Geographical Indications (GIs) within the Partnership Agreement (EMPA) and the Interim Trade Agreement (ITA) between the European Union and Mercosur, focusing on institutional asymmetries between the blocs and the challenges of their territorial implementation. The methodology adopted is qualitative and exploratory in nature, based on bibliographic research for data collection from legislation, scientific articles, and official documents. As a synthesis of the final considerations, a structural gap is identified between the legal recognition of GIs and their actual capacity to produce economic transformation in Global South territories. The study concludes that the agreement’s effectiveness depends on overcoming Mercosur’s normative fragmentation and building solid territorial governance, without which GIs run the risk of operating merely as formal legal signs with reduced impact on regional development.

Anita Mattes, Naiara Posenato

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Authors: 

Yasmin de Méro Omena – https://orcid.org/0009-0000-8037-2469

Pedro Augusto de Albuquerque – https://orcid.org/0009-0001-2491-4320

Keywords: 

International Art Trade; Cultural Heritage; EU–Mercosur Agreement.

Abstract

This article analyzes the protection of cultural heritage in the context of international art trade, focusing on the tension between free movement and cultural sovereignty within the framework of the European Union–Mercosur Agreement. Adopting a legal-dogmatic and comparative methodology, it examines the main applicable international instruments, the European Union regime on the export, import, and restitution of cultural goods, and the Brazilian model of constitutional and infraconstitutional protection of cultural heritage. The central hypothesis is that the EU–Mercosur Agreement does not impose full harmonization of the regimes applicable to cultural goods, but may operate as a platform for minimum regulatory approximation, based on criteria of transparency, licensing, proof of provenance, and administrative cooperation. The article concludes that the European experience may offer useful procedural instruments, provided that it is not automatically applied to Brazil, whose legal regime reflects its own constitutional, identity-based, and cultural framework.

Yasmin de Méro Omena, Pedro Augusto de Albuquerque

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Authors: 

Leandro Rodrigues Lopes – https://orcid.org/0009-0006-5695-1579

Lucimara de Nazaré Rodrigues Lopes de Freitas – https://orcid.org/0009-0005-4949-3269

Mayany Soares Salgado – https://orcid.org/0000-0002-3495-2398

Keywords: 

Fair Trade; European Union; Economic Justice.

Abstract

This study investigates the relationship between the peasant movement and fair trade in Latin America, focusing on experiences developed in Honduras and their convergence with European Union sustainability policies. Grounded in Gramscian theory of hegemony, the research examines how counter-hegemonic commercial practices strengthen the economic and political autonomy of the peasantry, challenging structural inequalities imposed by global capitalism. The research problem explores how fair trade acts as a strategy of resistance and how this model meets the criteria for economic justice and fair remuneration valued in trade relations between the EU and Latin America. The hypothesis suggests that fair trade, by offering equitable conditions and fair prices, enhances the empowerment of rural producers and serves as a compliance mechanism with new due diligence and governance standards required by the European market. The methodology consists of a qualitative and exploratory approach, using bibliographic and documentary analysis to articulate the local resistance of leaders such as Elvia Alvarado with the normative frameworks of bi-regional cooperation. It is concluded that fair trade represents a viable alternative that subverts the logic of exploitation and promotes the sovereign integration of the Honduran peasantry into global value chains, aligning with the principles of solidarity and sustainable development advocated by the Jean Monnet network.

Leandro Rodrigues Lopes, Lucimara de Nazaré Rodrigues Lopes de Freitas, Mayany Soares Salgado

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Authors: 

Fabricio Alejandro Machicado Borja – https://orcid.org/0009-0004-9026-4954

Vladimir Alejandro Machicado Borja – https://orcid.org/0009-0009-6547-1245

Edwin Alejandro Machicado Rocha – https://orcid.org/0000-0001-7439-6835

 

Keywords: 

Agricultural Extractivism; Responsible Trade; EU – Latin America Relations.

Abstract

This article analyzes the agroexport model of eastern Bolivia through the lens of agricultural extractivism and assesses its compatibility with the European Union’s standards for responsible trade and environmental sustainability. Drawing on the case of the soy sector in Santa Cruz, the article examines how agricultural frontier expansion, driven by intensive natural capital exploitation and export – oriented accumulation, has deepened the regional climate crisis through massive deforestation and intensive agrochemical use, creating a growth pattern fundamentally incompatible with fair and sustainable trade principles. The study integrates agricultural extractivism theory with fair trade frameworks, global value chains, and private standards governance to evaluate the gap between Bolivia’s productive model and the requirements of the European Green Deal (2019), the EU Deforestation Regulation, and the Corporate Sustainability Due Diligence Directive. The article argues that the transition toward responsible, long – term commercial relations between Latin America and the EU requires not only technical adaptations but structural transformations in value chain governance, value distribution mechanisms, and the inclusion of smallholders in environmental certification schemes.

Fabricio Alejandro Machicado Borja, Vladimir Alejandro Machicado Borja, Edwin Alejandro Machicado Rocha

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Author: 

Luis Gabriel Duchen – https://orcid.org/0009-0007-4047-2423

Keywords: 

Fair Trade; Legal Certainty; Constitutional Protection.

Abstract

This article analyzes the procedural shortcomings of the Bolivian constitutional protection system—specifically, the lack of mechanisms for protecting assets in the face of the delayed annulment of rulings issued by the Plurinational Constitutional Court—as a structural obstacle to economic justice, social equilibrium, and fair and inclusive trade between Bolivia and the European Union. Using legal-dogmatic, comparative, and analytical-synthetic methods, it identifies a regulatory gap that causes irreparable financial harm to vulnerable economic actors, contradicting Bolivian constitutional principles and the governance standards required for EU-Latin America trade relations. This study proposes concrete steps for regulatory reform.

Luis Gabriel Duchen

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Articles

Author: 

Juan David Alarcón Morales – https://orcid.org/0009-0008-6679-0611

Keywords: 

Mother Earth; Green Transition; Sustainable Societies.

Abstract

In Latin America, only Bolivia and Ecuador have managed to enshrine the principles and objectives of the green transition in their constitutions, linked to the recognition of the rights of Mother Earth. This has broken with the genealogical structure of the Roman legal system and established a direct proportional relationship with the rights of indigenous peoples. They have succeeded in building a sustainable constitutionalism and jurisprudence aligned with the recognition of the rights of Mother Earth within the framework of “Living Well” (Buen Vivir). This framework grants the State powers to promote, protect, and defend the recognized rights to land and biodiversity. However, in practice, these rights clash with corporate interests that override their own and establish mechanisms of fragmentation that delay the implementation of these rights to the point of violating them, to the detriment of future generations. This situation creates a dilemma between the relevance of judicial decisions and the dynamics of development.

Juan David Alarcón Morales

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Author: 

Cecilia Celeste Danesi – https://orcid.org/0000-0003-0694-6887

Keywords: 

Artificial intelligence; Latin America; digital divide, digital extractivism.

Abstract

The emergence of artificial intelligence (AI) as a structuring force of the global economy poses challenges of particular urgency for Latin America and the Caribbean. This article analyzes the region’s position in relation to this technological transformation from three complementary dimensions. First, it examines the global economic impact of AI and its tendency to deepen existing asymmetries between advanced and developing economies. Second, drawing on the findings of the Latin American Artificial Intelligence Index (ILIA) 2025, jointly produced by ECLAC and Chile’s National Center for Artificial Intelligence, it analyzes the state of readiness of 19 countries in terms of infrastructure, talent, research, and governance. Third, it examines the resource paradox: Latin America holds strategic reserves of rare earths and lithium —critical minerals for manufacturing the hardware that sustains AI— yet remains relegated to the role of raw material supplier, without capturing the value added from their processing. The article argues that this triple condition —consumer of technology it does not develop, exporter of minerals it does not process, and absent from forums where global AI governance is defined— constitutes a new form of structural dependency. In response, it proposes a digital equity agenda organized around three axes: investment in sovereign computing infrastructure, mineral industrialization with value added, and ethical AI governance with reference to the European regulatory framework. The article concludes that AI can be either a tool of convergence or divergence for the region, and that the difference will depend on the policy decisions adopted in the coming years.

Cecilia Celeste Danesi

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Author: 

Belkacem Ghania – https://orcid.org/0009-0002-0064-3711

Keywords: 

Human Trafficking; Criminal networks; Protection of Victims.

Abstract

This study examines human trafficking in Europe through the activities of organized crime networks and the use of social media platforms, highlighting key concepts, statistical trends, and comparative case studies between Belgium and Germany. It aims to analyze the relationship between digital platforms and criminal networks in facilitating human trafficking and to assess the effectiveness of the European Union’s dual approach, which combines a legislative framework with practical measures. The methodology includes legal analysis, the use of Eurostat 2024 data, and comparative case studies, focusing on methods of exploitation, victim characteristics, and the use of digital technologies. The results indicate a strong link between digital platforms and criminal networks, with various forms of exploitation including sexual exploitation, forced labor, and child exploitation. The study emphasizes the need for an integrated European strategy that strengthens legislation, institutional coordination, victim protection, and technological oversight to effectively combat the human trafficking network.

Belkacem Ghania

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Author: 

Antonio Jesús Calzado Llamas – https://orcid.org/0000-0002-2888-2696

Keywords: 

International Child Abduction; Refugee; Asylum.

Abstract

The present paper aims to provide an overview on the interaction between proceedings on return of abducted children who, at the same time, are seeking for international protection on the abducting State. Due to the lack of a specific rule on coordination among the main international instruments, a systematic study of European an American case law and doctrine has been carried out on cases where both proceedings were held in parallel. From that analysis, it can be concluded that the existence on an application for asylum could affect either the qualification as wrongful of a child removal or retention or the existence of a ground for denying the return. Moreover, it generates certain controversy when it comes to suspend or not the return proceeding until the final ruling on asylum to avoid the risk of contradictory orders. This reinforces the need of an institutional development of concrete rules or practice guides.

Antonio Jesús Calzado Llamas

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