MERCOSUR. Dispute settlememt, its institutionalism

Abstract

This article deals with dispute settlement in MERCOSUR as established first in the Treaty of Asuncion, Annex III. This treaty was followed by the Protocol of Brasilia that became the initiator of decisions by the Ad Hoc Arbitration Tribunals (AHAT). This Protocol was replaced by the presently in force Protocol of Olivos in which, in addition to the first instance of the AHAT, it provides the possibility of examination by the Permanent Tribunal of Revision. The article also outlines the rules for the institutional reform of the system of resolution of controversies, which has yet to be established. The usefulness of introducing modifications to implement a jurisdictional system on the basis of two proposals is discussed.