The dilemma of waiting for change or use existing tools

Abstract

With 21 years of experience in integration, the MERCOSUR has designed a system of dispute resolution that despite adjust to economic reality and its own structural simplicity, was notalways adequate to achieve its objectives.

In this sense, from the scheme of Annex III of the Treaty of Asuncion to the Olivos Protocol and the extensive period of the Protocol of Brasilia validity, were lot of controversies and critics about the system that lead now, once again, to re-discuss the scope of the methodology chosen and the prospects for change to provide greater legal certainty.
This paper will make a rapid assessment of the controversial system after the reforms introduced by the Olivos Protocol and the MERCOSUR Parliament's proposal to create a Common Court, in order to arrive at general conclusions and suggestions for change with "real possibility of realization".