Vol. 1 No. 1 (2021): Revista Latinoamericana de Estudios Europeos

PUBLISHED: 2021-06-04

The Latin American Journal of European Studies (ISSN 2763-8685) is a publication of the Latin American Center of European Studies, created from the BRIDGE Project of Jean Monnet Network with funding from the Erasmus + Program 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 second edition of the Journal also has a thematic dossier on Migration and Citizenship in the European Union and Latin America, organized by Aline Beltrame de Moura from the Universidade Federal de Santa Catarina (Brazil) and Sandra Negro from the Universidad de Buenos Aires (Argentina). The second edition of the Journal is open for submissions until June 1st, 2021.

Edición completa

Editorial

Resumen

El Latin American Journal of European Studies (ISSN 2763-8685) es una publicación del Latin American Center of European Studies, creada a partir del proyecto BRIDGE - Jean Monnet Network con financiamiento del Programa Erasmus + de la Comisión Europea. Centrándose en líneas editoriales sobre Derecho y Políticas de la Unión Europea y Relaciones Internacionales de la Unión Europea con terceros países y América Latina, la sexta edición de la Revista también cuenta con un dossier temático sobre “Política Regional de Protección de Datos e Inteligencia Artificial”, organizado por Naiara Posenato de la Università degli Studi di Milano, (Italia). La convocatoria de la sexta edición de la Revista ya se encuentra abierta y los interesados pueden enviar sus ponencias hasta el 1 de noviembre de 2023.

Aline Beltrame de Moura
Naiara Posenato

Aline Beltrame de Moura , Naiara Posenato

Dossier

Las relaciones Eurolatinoamericanas en el marco de la nueva política comercial de la Unión Europea

Palabras clave:

Política comercial; acuerdo; interregional.

Resumen

The purpose of this paper is analyze the relationship between the European Union and Latin America, by the examination of their trade agreements in the current context of the COVID-19 pandemic, as well as their projection, as consequence of the new approaches due to the New international Order that will
delimit the global trade.

Carlos Francisco Molina del Pozo

Environmental conditionality in Eu-Latin America trade relations

Palabras clave:

ENVIRONMENTAL CONDITIONALITY; AGREEMENTS;
TRADE RELATIONS.

Resumen

The purpose of this paper is to verify whether it can be
ascertained a policy of “environmental conditionality” in EU trade relations with Latin American countries, aimed to environmental promotion and to improve sustainable development. It analyses both agreements and unilateral acts in order to define the characteristics and the efficacy of such a policy. The paper reaches the conclusion that environmental conditionality, even being a soft form of conditionality, can prove to be an effective formula to induce third countries to improve environmental protection.

Giulia D’Agnone

El derecho de los tratados en el arbitraje de inversión intra-Unión Europea

Palabras clave:

EUROPEAN UNION; LAW OF TREATIES; INVESTMENT TREATY ARBITRATION; APPLICATION OF SUCCESSIVE TREATIES RELATING TO THE SAME SUBJECT-MATTER; INTERPRETATION OF TREATIES.

Resumen

This article addresses certain issues of public international law arising in the realm of intra-EU investment treaty arbitration. That is, when an investor with the nationality of a Member State of the European Union initiates Investor-State arbitration proceedings against another Member State. The Court of Justice of the European Union ruled 1. Abogado y doctor en derecho. Vinculado como profesor de carrera a la Facultad de Jurisprudencia de la Universidad del Rosario, donde también forma parte del grupo de investigación en derecho internacional y codirige la Especialización en Derecho Internacional. Su agenda investigativa se concentra en el área del derecho internacional económico. recently that Intra-EU investment treaty arbitrations are incompatible with EU Law. This reinforced the arguments advanced by Member States when objecting the jurisdiction of investment treaty tribunals in charge of settling disputes lodged against them, especially under the arbitration clause of the Energy Charter Treaty. When dealing with these objections, arbitrators apply the provisions of the Vienna Convention on the Law of Treaties. The article thus describes the role of some of those provisions in Intra-EU investment treaty arbitration.

Rafael Tamayo-Álvarez

Sistema de solución de controversias en materia de Inversiones en los tratados negociados por la Unión Europea con México y el Mercosur (2019/2020): Un estudio comparativo

Palabras clave:

Investments; European Union; Latin America.

Resumen

The aim of this paper is to determine, on the basis of a limited sample, the legal regime applicable to the dispute settlement system on investments in the future, in the framework of the relationships between
the European Union and Latin America, and its possible development, as well as whether or not this progression could be homogeneous in the region. To this end, it has been undertaken a comparative study of two agreements negotiated, but not yet in force, between countries of different sub-regions of Latin America, specifically those reached with Mexico and the MERCOSUR. Although the latter is part of an integration process, due to its internal tensions and stagnation in its development, it has become mainly an international negotiating platform for its member countries vis-à-vis third parties, which makes it of greater interest as an object of study, given that the national interests of each of them acquire greater relevance than common interests in the development of such negotiations and the agreements reached. The differences in the external relations built up over the last thirty years by Mexico on the one hand and MERCOSUR on the other, the capacity for political and economic adaptation of the states involved in view of a changing global scenario caused by crises of different natures, both internally and externally, are conditioning factors for the agreements that may be concluded in the area of investment, even with the flexibility in negotiations that characterizes the European Union’s policy in this respect.

Gabriela Teresita Mastaglia

Uma década de política europeia de investimento estrangeiro – balanço e perspetivas futuras

Palabras clave:

European Foreign Investment Policy; BITs; Achmea case.

Resumen

Since the Lisbon Treaty, which came into force in 2009, the European Union has been implementing the new competence in the area of foreign direct investment. All European institutions were actively involved in this process. I briefly analyze the role of the Court of Justice of the European Union in this process, establishing the links between Opinion 2/15 (EU/ Singapore); Achmea Case and Opinion 1/17 (CETA), explaining why they are relevant in the overall framework of EU Foreign Investment policy, as it stands today, and what measures are needed to have an EU policy 1. Mestre em Direito em Ciências Jurídico-comunitárias pela Faculdade de Direito de Lisboa (FDL), LLM College of Europe, Brugge, Bélgica, Consultora Jurídica do Ministério da Economia (DGAE), Assistente da FDL, Doutoranda FDL, Lisboa, Portugal. Curriculum vitae da autora disponível em: https://lisboa.academia.edu/MariaJoaoPalma. Contato: luzpalma2011@hotmail.comthat is more coherent and uniformly applicable to all investors in the EU market.

Maria João Palma

Unión Europea-América Latina y el Caribe: comercio e inversión y el acuerdo de asociación Unión Europea- Mercosur en su pilar comercial y sus potenciales efectos en el sector agroindustrial

Palabras clave:

EUROPEAN UNION; MERCOSUR; TRADE.

Resumen

The relationships between the European Union (EU) and Latin America and the Caribbean (LAC) are based on historical-cultural values that have evolved towards a fluid trade and investment exchange
and with potential for expansion and deepening. The study aims to identify the current situation of trade and investment relationships between the EU and LAC, disaggregating the analysis at the level of the
Mercosur subregion (MCS), to analyze the trade pillar of the agreement closed on 28.06.2019 and diagnose aspects of its potential impact on the agro-industrial o agri-food sector. The applied methodology follows a normative and positive approach, supported by the latest statistical information available. The results show that the trade relationship between the EU and LAC places the EU, in general, as a third trading partner, and it is characterized by an asymmetric exchange. The MCS
subregion exports to EU primary products and manufactures based on natural resources and imports from EU medium and high technology manufactures. In terms of investment, the EU is the main investor in LAC. The EU-MCS agreement was closed and it is in the process of legal review. The economic-commercial chapter may entry into force independent of the rest of the agreement. Specifically for agricultural products, it provides that the EU grants preferential access to 99% of trade with MCS, with tariff elimination for 84% of imports and for the rest quotas or fixed preferences; and MCS will release 88% of imports. As main final considerations, the following stand out: the parties may not maintain, introduce or reintroduce subsidies -or other measures with equivalent effect- to exports on an agricultural product that is exported or incorporated in a product that is exported; the environmental aspect is foreseen in the chapter of the agreement referring to trade and sustainable development and, through dialogue, it may be evaluated how to improve it.

Silvia Simonit

La integración Centroamericana y el acuerdo de asociación entre esa región y la Unión Europea

Palabras clave:

CENTRAL AMERICA, EUROPEAN UNION; CENTRAL
AMERICAN CUSTOMS UNION.

Resumen

The purpose of this article is to introduce the reader to the relationship that currently takes place between the European Union and Central America (CA), in light of their efforts to materialize the Central American Customs Union following the signing of an Association Agreement between them, and the challenges that CA faces in order to comply effectively with it. The Association Agreement is an instrument 1. Licenciada en Ciencias Jurídicas por la Universidad Dr. José Matías Delgado. Abogada de la República de El Salvador. Ex becaria Monbukagakusho. Máster y Ph.D. en Derecho Público por la Universidad Doshisha, Kyoto, Japón. Actualmente, Investigadora Asociada en la Escuela de Estudios Superiores de Derecho de la Universidad Doshisha. that offers both regions a range of opportunities, but whose potential has not yet been fully exploited because of the slow process of deep customs integration that has been achieved only between the Northern Triangle countries. Besides, the challenge to advance in the Association Agreement’s effective fulfillment is higher for CA due to the sociopolitical instability that El Salvador and Nicaragua are currently experiencing. In the long run, that instability may affect not only the Association Agreement’s effective fulfillment, but it may even also put those countries’ membership in the Association Agreement on the tightrope.

Nancy Eunice Alas Moreno

A cooperação jurídica dentro da União Europeia e do Mercosul: a agilização do processo civil internacional no âmbito da regionalização

Keyword

CAUTIO JUDICATUM SOLVI; SERVICE OF DOCUMENTS;
RECOGNITION AND ENFORCEMENT OF FOREIGN DECISIONS.

Resumen

In a context of constant proceduralization in the era of
globalization, the internationalization of civil procedure requires special
attention. Regional organizations such as the European Union (EU)
and Mercosur promote commercial relations between individuals and
companies from different states. Instituting an internal market (EU) or a
common market (Mercosur), these two regional spaces rapidly adopted
a private international law that would guarantee a simplification of civil
processes with a cross-border element. The purpose of this study is to
analyse three examples of judicial co-operation (cautio judicatum solvi,
service of documents, recognition and enforcement of judgments) in
order to demonstrate how regional integration enabled the evolution
of new mecanisms in this field. Therefore, it is important to examine
the mechanisms created in the two regional spaces, comparing them
with those that govern inter-state judicial co-operation, outside the

context of member states/parties. It should be noted that judicial co-
operation was the first domain of private international law experiencing a

regionalization process within the two spaces. However, uniformization
had to face the territoriality principle, which is the reason why regional
integration in this area is a progressive process. In conclusion, we note
that both the las leñas protocol (Mercosur) and the different regulations
(EU) have brought new facilitating mechanisms. Nevertheless, the effect
of EU/Mercosur-law on national legislation is variable because Mercosur
law does not have primacy over national law. Important advances are still
ongoing in the framework of the adaptation of procedures to the new
technologies.

Marcel Zernikow

A abertura ao comércio internacional da contratação pública no Brasil: entre o Acordo sobre Compras Governamentais (GPA) e o acordo EU/Mercosul

Keyword

Acordo sobre Compras Governamentais; Acordo EU/Mercosul; Compras
públicas;

Resumen

At the moment when Brazil announced the formal request to join the Government Procurement Agreement (ACG / GPA), the article analyzes the historical evolution and current legal framework of the Agreement. The process of a State joining the GPA is also described. Furthermore, reference is made to the chapter on public procurement contained in 1. Professor Associado da Faculdade de Direito da Universidade de Lisboa. Cátedra Jean Monnet. Advogado. The European Commission support for the production of this publication does not constitute an endorsement of the contents which reflects the views only of the authors, and the Commission cannot be held responsible for any use which may be made of the information contained therein. the EU/Mercosur agreement. It is concluded that the possible entry into force, in the short term, of the EU/Mercosur agreement may represent an antechamber for the possible future adhesion to the ACG/GPA of other Mercosur member countries and, possibly, of more Latin American countries. If so, an unwritten plan of the European Union will be fulfilled: to ensure the relaunch of multilateralism in international trade through the approval of a vast network of new generation bilateral agreements.

Nuno Cunha Rodrigues

Artículos

Data protection implications through an inner-connected world: European Union’s contributions towards the brazilian legislative scenario

Palabras clave:

the right to privacy; data protection; Covid-19 pandemic;
artificial intelligence; international framework of digital law; technological
advances and implications; GDPR; LGPD.

Resumen

In this article, the intended objective is to analyze some historical aspects that led to the constitution of data protection rights from a legislative perspective both in the European Union and in Brazil. In Brazil, there is still a lot to do towards what is considered regulated for the European Union. Also, we address the current situation in these territories and present possible setbacks to data protection worldwide. Data protection is holistic, it can be reflected in various categories, such as science, health, computer technologies, economics, politics, etc. Therefore, the methodology used is to suggest that the spread of the notion of the right to privacy as a fundamental right and substantially connected to the right to data protection is engraved in the technological reality around the globe. We shall converge the topics of privacy, data protection, and ethics within controversial topics, such as the Covid-19 pandemic and the use of artificial intelligence. The summary of conclusion includes the fact that the world must go forward towards the awareness of data protection culture and notoriously recognize the fact that the General Data Protection Regulation came to break down geographic borders and heavily influenced the creation of other legislations, especially in Brazil, but this is only the beginning into dealing with such a complex situation, that is the evolution of technology in time.

Beatriz Graziano Chow e Clarisse Laupman Ferraz Lima

A União Europeia e a questão Turco-Cipriota: aspectos normativos, geopolíticos e migratórios

Palabras clave:

European Union; Northern Cyprus; Turkey.

Resumen

The Turkish Republic of Northern Cyprus, the political administration body of the de facto State located in the eastern portion of the island of Cyprus, presents itself today as one of the key points of the trilateral relationship between Turkey, Cyprus, and the European Union, also serving as an obstacle to the Turkish admission to the European bloc as a Member State. This article, therefore, analyses the normative, geopolitical, and migration aspects of the relations between the three actors based on a
bibliographic and documentary research and a qualitative approach. The article is divided into five sections which, in addition to the introduction and final considerations, aim to contextualize Northern Cyprus historically and politically, analyse the geopolitical and regional aspects of Cyprus, and debate the normative issues of the Brussels-Nicosia-Ankara relations. The results point to increasingly complex relaxations in this trilaterality, which are aggravated and tensioned by the non-resolution of the Northern Cyprus issue. Considering the unprecedented nature of the theme in the Brazilian academia, the results are expected to contribute to new understandings about this important Mediterranean region and its impacts on European and Turkish international relations, in an environment of increasing securitization and geopolitical instabilities.

Clarice Rangel Schreiner, Eveline Vieira Brigido e Roberto Rodolfo Georg Uebel