A solução de conflitos no território do Mercosul e a utilização da arbitragem internacional

• Autor(a) principal: Molina, Ana Carolina Marques
• Data de Publicação: 2023
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/41693
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Mercosul; Arbitragem; Conflito; Mercosur; Arbitration; Conflict

The general objective of the study was to investigate the use of international arbitration as an alternative for conflict resolution in Mercosur territory. Thus, it sought to contextualize Mercosur and its objectives; describe existing conflicts in Mercosur territory; present international arbitration as an alternative method of conflict resolution; demonstrate successful cases in the use of international arbitration; analyze the benefits of international arbitration in relation to other dispute resolution mechanisms, such as national litigation and international trade courts. The methodology applied in the research was based on the bibliographic method, consisting of data collection at the heart of it. The sources used in the research implied consultations with: articles, books, periodical publications, internet articles, among other equally relevant instruments in approaching the proposed theme. With the result of the research it was possible to conclude that the arbitration system came to provide pacifying solutions between the States with regard to controversies, that is, the conflicts that they cannot resolve. The Protocol of Olivos innovated within the scope of the arbitration procedure by bringing the creation of a Permanent Review Court, as if it were a second instance, competent to assess the arbitration awards issued by the ad hoc Arbitration Court. The Permanent Review Court was certainly a big step towards moving towards a Court of Justice for Mercosur, since the experience of the Arbitration Courts can provide more harmony and integration to the States in the solution of their possible controversies