Mercosur/Mercosul Essay

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The Southern  Common  Market—Mercosur  in Spanish, Mercosul in Portuguese—is an international and intergovernmental organization with the objective to create first a free trade area, and subsequently, a customs union and a common  market. It was instituted on March  26, 1991, by the signing of the Treaty  of Asunción that constituted a common market between Argentina, Brazil, Paraguay, and Uruguay, as a culmination of the process of a bilateral program of integration and cooperation  already engaged by Brazil and Argentina since 1985.

The initial stage of the Latin American integration process was the creation of the Latin American Free Trade  Association  (LAFTA) with the first Treaty of Montevideo  in 1960. The objective was a free trade area in South America, with expanded  markets  and facilitated trade with the elimination of protectionist measures through multilateral negotiations.

Political problems  and  a lack of flexibility posed practical difficulties to this negotiating process. Thus, a more flexible Regional Integration  Agreement  was created in 1980, the Latin American Integration Association (LAIA), with the signature of a second Treaty of Montevideo.  It is an intergovernmental organization that continues the process started by LAFTA. Its main objective is the establishment  of a Latin American common market in order to assist economic and social development of the region.

Under  the LAIA system, Brazil and Argentina  in 1986 signed the Brazil-Argentina Integration  Treaty, at Foz de Iguaçu, among  12 commercial  protocols. The   Integration,    Cooperation    and   Development Treaty was signed in 1988 and the Economic Cooperation  Agreement  in 1990, setting  the  stage for a common  market  between  the  two countries  within 10 years with the gradual elimination of all tariff barriers, harmonization of the macroeconomic policies of both nations, and with the achievement of the free movement of goods, services, and production factors in line with the objective of creating a bilateral common market. These agreements  were the immediate precursors of Mercosur.

Uruguay and  Paraguay feared becoming  isolated economically, leading to their joining these agreements,  and later to the creation  of Mercosur.  With them, the integration  process evolved from bilateralism  to multilateralism,  as first envisaged in the LAFTA model.

In 1996 free trade agreements were signed with the governments of Bolivia and Chile, thereby enhancing the  geographic  scope of the  group, but  both  countries are just partners  of Mercosur, not members yet. Colombia and Peru have already evinced interest  in joining, and on July 4, 2006, Venezuela became the fifth member of Mercosur with the signing at Caracas of a membership  protocol.

The integration of these four member states represented an effort toward the progressive development of Latin American integration through the free transit of goods and services and factors among them, with, inter alia, the elimination of customs rights and lifting of nontariff restrictions on the transit of goods, or any other measure with similar effect. It also fixed a common  external  tariff (TEC) and  adopted  a common trade  policy with regard  to nonmember states, and the coordination of positions in regional and international commercial and economic meetings.

The agreements contained the coordination of macroeconomic and  sectorial  policies of members relating to foreign trade, agriculture,  industry, taxes, monetary   system,  exchange  and  capital,  services, customs,  transport,  and  communications  in  order to ensure  free competition  between member  states. And it provided, in addition, the commitment by the member states to make the necessary adjustments  to their laws in relevant areas to allow for the strengthening of the integration  process.

In December 1994 the Protocol of Ouro Preto was adopted,  establishing Mercosur’s institutional structure  and providing it an international juridic director.  Because it has no supranational  institutions  or authority,  the  negotiation  and  conclusion  of agreements within the organization  require the consensus of all the members, and international agreements have to be accepted or ratified by each member in order to become binding.

The main  institutional organs  are  the  Common Market  Council, the political body that  issues decisions;  the  Common   Market  Group,  the  executive organ  that  issues  resolutions; the  Mercosur  Trade Commission,  the central  organ for trade  policy that issues directives and proposals; the Joint Parliamentary  Commission,  which  acts  as a liaison between Mercosur  and the parliaments  of the members; the Economic and Social Consultative Forum, the channel between civil society and the private sector and Mercosur; and the Mercosur Administrative  Secretariat,  which provides  operational  support  to the organization and its organs.

In 2000 the states’ parties  decided to take a new step  in regional  integration  called the  “relaunch of Mercosur,” with the objective to strengthen the customs union in both intralevel and foreign relations. In this context, the governments  recognized the central role that convergence and macroeconomic coordination play. Additionally, the new common trade policy tends to reaffirm and strengthen the individual processes of market  openness  of the  state  parties,  and their  integration   into  world  trade,  as  Mercosur  is part, now, of the international agenda concerned with production,  foreign direct investment, and trade.

Bibliography:

  1. Daniel Chudnovsky and Andres Lopez, “Foreign Direct Investment and Development: The Mercosur Experience,” Cepal Review (v.92, 2007);
  2. European Commission External Relations, “Mercosur,” ec.europa.eu (cited March 2009);
  3. Gian Luca Gardini, The Origins of Mercosur Democratization and Regionalism in South America (Palgrave Macmillan, 2009);
  4. Laura Gomez-Mera, “How ‘New’ is the New Regionalism in the Americas? The Case of Mercosur,” Journal of International Relations and Development (v.11/3, 2008);
  5. Riorden Roett, ed., Mercosur: Regional Integration, World Markets (Lynne Rienner, 1999).

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