The Positioning of International Law and the Significance of Jurisprudence in the Community Order. Notes on the Possible Creation of a Supranational Court of Justice in Mercosur

Abstract

The current state of economic integration processes has spurred the development of diverse works on a subject whose central axis revolves around the political and economic spheres. As is well known, this issue is situated within a new structure of international relations, where the nation-state borders characteristic of the 18th and 19th centuries are becoming blurred, giving way to the formation of broader spaces. In our literature, the European Union, the most well-known model, presents a complex political, social, economic, and legal development stemming from the respective "rule of law" frameworks established by secondary legislation and the jurisprudence of the Court of Justice of the European Union in Luxembourg. From this perspective, this research will offer some reflections on the evolution of the European integration process, first considering its historical background and legal framework, then analyzing Mercosur, its dispute settlement system, and finally concluding with some considerations regarding the possible creation of a supranational court of justice.