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Contents

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· 1 Overview

· 2 History

· 2.1 Background

· 2.2 Formation

· 3 Naming

· 4 Structure

· 4.1 Organisations

· 4.2 Ministerial Councils

· 4.3 Other institutions

· 5 Current work in progress

· 5.1 Electoral monitors

· 5.2 Single market

· 5.3 Economic development

· 5.4 Defense policy

· 5.5 Infrastructure cooperation

· 5.6 Free movement of people

· 6 Participating nation states

· 6.1 Participating non-South American territories

· 6.2 Non-participating South American states and territories

· 7 Summits

· 8 See also

· 9 Bibliography

· 10 References

· 11 External links


Overview[edit]

At the Third South American Summit on 8 December 2004, presidents or representatives from 12 South American nations signed the Cusco Declaration, a two-page statement of intent announcing the foundation of the South American Community. Panama and Mexico attended the signing ceremony as observers.

The group announced their intention to model the new community after the European Union[ citation needed ] including acommon currency, parliament, and passport. According to Allan Wagner Tizón, former Secretary General of the Andean Community, a complete union like that of the EU should be possible by 2019.

The mechanics of the new entity came out of the First South American Community of Nations Heads of State Summit, which was held in Brasília on 29–30 September 2005. An important operating condition of UNASUR is that no new institutions will be created in the first phase, so as not to increase bureaucracy, and the community will use the existing institutions belonging to the previous trade blocs.

History[edit]

Background[edit]

Main article: Latin American integration

See also: Pan-Americanism

Between the 15th and 19th centuries, the Spanish and Portuguese colonization brought about the establishment and development of colonial empires in the Americas that integrated politically, economically and culturally vast extensions of the continent each with their respective metropolis.

Since the Spanish American wars of independence a trend towards the political integration of the newly born republics of Hispanic America became strong in the thinking of several independence leaders, influenced in turn by the Spanish Enlightenment and the French and American revolutions. A notable early exponent of this trend was Francisco de Miranda, who envisioned a federated republic encompassing all of Hispanic America, which he called "Colombia".

The independence war efforts saw the concurrence of integrated armies composed by Spanish Americans of diverse regions on both sides of the conflict (v.g.Patriots and Royalists), and fighting all over the territories of many future nations. For example, the Army of the Andes which was gathered in the United Provinces of the Río de la Plata fought in Chile, Peru and Ecuador, and later integrated with Simón Bolívar's Army (which itself included troops of future Venezuela, Colombia and Ecuador) to further fight in Peru and the Upper Peru

By the 1820s, the main proponent of a federation of the newly born republics was Simón Bolívar, although this idea was shared by many contemporaneous, notably including José de San Martín and Bernardo de Monteagudo (es), under either republican or constitutional monarchical governments. In 1826, Bolívar summoned a conference to be held in Panama, which was to be known as the "Amphictyonic" Congress of Panama because of the parallelism with the Hellenic Amphictyonic League. The Congress was attended by Gran Colombia (including present-day Colombia, Venezuela, Panama and Ecuador), the Federal Republic of Central America (including present-day Costa Rica, Nicaragua, El Salvador, Honduras and Guatemala), the United Mexican States, and Peru. The ostensible intention was to form a defensive league that could prevent foreign expansionism and foster the interests of the Spanish American republics. The Congress' conclusions, however, were not ratified by the participants, except for Gran Colombia. Soon after, both Gran Colombia and the United Provinces of Central America fell apart and the whole of Hispanic America was balkanized by competing national governments.

Formation[edit]

Main article: Cusco Declaration

The complete integration between the Andean Community and the Mercosur nations was formalized during the meeting of South American heads of state that took place on 23 May 2008 in Brasília.[9]

In the 2004 South American Summit, representatives of twelve South American nations signed the Cuzco Declaration, a two-page letter of intent announcing the establishment of the then-named "South American Community of Nations". Panama and Mexico were present as observers. The leaders announced the intention of modeling the new community in the mold of the European Union, including a unified passport, a parliament and, eventually, a single currency. The then Secretary General of the Andean Community Allan Wagner speculated that an advanced union such as the EU should be possible within the next fifteen years.

Naming[edit]

On 28 December 2005, Chilean former foreign minister Ignacio Walker proposed that the Union's former designation, the South American Community of Nations, abbreviated as CSN, be changed to South American Union; nevertheless, many members stated to him that that proposal had already been rejected to prevent confusion since its acronym of U.S.A. (Spanish: Unión Sudamericana) would be easily confused for the United States of America. In the press, the phrase "United States of South America" was bandied about as an analogy to the United States to reflect the economic and political power that the union would have on the world stage.[10][11][12][13][14][15][16]

The name was finally changed on 16 April 2007 to Union of South American Nations. The new name was jointly agreed by all member states during the first day of meeting at the First South American Energy Summit,[17] held at Isla Margarita, Venezuela.

Structure[edit]

At the moment, the provisional structure of the UNASUR is as follows:

·A permanent Secretariat is to be established in Quito, Ecuador. The Secretary General, with a two-year mandate, is to be elected on a consensual basis among the Heads of State of the member states. Former Argentine President Néstor Kirchner was designated the first Secretary General on 4 May 2010.[18]

·The presidents of the member nations will have an annual meeting, which will have the superior political mandate. The first meeting was in Brasília (Brazil) on 29–30 September 2005. The second meeting was in Cochabamba (Bolivia) on 8–9 December 2006. The third meeting was held in Brasília on 23 May 2008.

·The Presidency Pro Tempore, is exercised for a one-year period on a pro tempore basis by one of the heads of state of each UNASUR Member State, the succession following alphabetical order. The first leader to occupy this position was Chilean President Michelle Bachelet. According to Decisions Reached in the Political Dialogue[19] which was signed during the I South American Energy Summit.

·The ministers of foreign affairs of each country will meet once every six months. They will formulate concrete proposals of action and of executive decision. The President of the Mercosur's permanent representatives committee and the director of the Mercosur's department, the Andean Community's general secretary, ALADI's general secretary and the permanent secretaries of any institution for regional cooperation and integration, Amazon Cooperation Treaty Organization among others, will also be present at these meetings.

·Sectorial Ministers' meeting will be called upon by the presidents. The meetings will be developed according to Mercosur's and CAN's mechanisms.

·On 9 December 2005, a special commission was established in charge of advancing the process of South American Integration. It consists of 12 members, whose function is to elaborate proposals that will help the process of integration between the South American nations.

·An Executive Commission, which was created by the II CSN meeting, was transformed in the Political Commission or Delegates Council, according to Decisions Reached in the Political Dialogue.[19]

Organisations[edit]

The organisations of UNASUR are:[20][21][22]

·Council of Heads of State and of Government of Unasur

·President Pro Tempore of UNASUR

·Council of Minister of External Relationships of Unasur

·Council of Delegates of Unasur

·Secretary General of UNASUR

Ministerial Councils[edit]

They are twelve Ministerial Councils of the USAN.[23]

·Council of South American Defense

·Electoral Council

·South American Energy Council

·South American Council of Health

·South American Council of Social Development

·South American Council of Infrastructure and Planning

·South American Council of fight against the drug traffic

·South American Council of Economy and Finances

·South American Council of Education

·South American Council of Culture

·South American Council of Science, Technology and Innovation

·South American Council of Citizen Security, Justice and Coordination of Action against Transnational Organized Crime

Other institutions[edit]

·South American Parliament

·Bank of the South

·South American Institute of Government in Health

Current work in progress[edit]

Electoral monitors[edit]

UNASUR has also initiated the creation of electoral monitor teams that could replace the monitors from the OAS.[24]

Single market[edit]

One of the initiatives of UNASUR is the creation of a single market, beginning with the elimination of tariffs for non-sensitive products by 2014, and for sensitive products by 2019. The process is to be developed upon the progressive convergence of the procedures of preexisting Mercosur and CAN sub-regional economic blocks.[ citation needed ]

Economic development[edit]

Presidents of the seven founding countries (Argentina, Bolivia, Brazil, Ecuador, Paraguay, Venezuela and Uruguay) officially launched the South American Bank in Buenos Aires in December 2007. The heads of all the founding countries were at the ceremony, with the exception of President Tabaré Vázquez of Uruguay. The capital will be US$7b, with Venezuela responsible for US$3b and Brazil US$2b. The headquarters will be located in Caracas with offices in Buenos Aires and La Paz.[25][26]

The Bank of the South will finance economic development projects to improve local competitiveness and to promote the scientific and technological development of the member states. Its founding charter affirms that the bank will promote projects in a "stable and equal" manner and priorities will be oriented towards reinforcing South American integration, reducing asymmetries, and promoting an egalitarian distribution of investments.

The Brazilian Minister, Guido Mantega, stated that the bank is not similar to the International Monetary Fund; it will be a credit institution similar to the World Bank.

Defense policy[edit]

The South American Defense Council (CDS) was proposed by Venezuela and Brazil to serve as a mechanism for regional security, promoting military co-operation and regional defense. From the beginning Brazil, Argentina and Chile, the countries that took the leadership of the project, made clear that they did not intend to form a NATO-like alliance, but a cooperative security arrangement, enhancing multilateral military cooperation, promoting confidence and security building measures and fostering defense industry exchange. Colombia initially refused to join the defense council due to the strong military ties it has with the United States through the Plan Colombia. However after reviewing the proposal they decided to join on 20 July 2008.[27][28]

Shortly following the signing by Colombia's President, President of Chile Michelle Bachelet appointed a working group to investigate and draft a plan for the new council. Finally, on 10 March 2009, the 12 nation members held, in Chile, the first meeting of the newly formed council.[29]

In mid-2010, UNASUR played a key role in mediating the 2010 Colombia–Venezuela diplomatic crisis. On 1 September 2010, the agency "UnasurHaití" was created to provide US$100 million in help to Haiti.[30]

Infrastructure cooperation[edit]

·There is an Initiative for Infrastructure Integration of South America (IIRSA) underway, which has received the support of the Inter-American Development Bank and the Development Bank of Latin America.

·UNASUR started plans of integration through infrastructure cooperation with the construction of the Interoceanic Highway, a road that intends to more firmly link the Pacific Coast countries, especially Chile and Peru with Brazil and Argentina by extending highways through the continent, allowing better connections to ports from Bolivia and the inner parts of Argentina, Peru, and Brazil. The first corridor, between Peru and Brazil, began construction in September 2005, financed 60% by Brazil and 40% by Peru, and was completed in December 2010.

·The South American Energy Ring is intended to interconnect Argentina, Brazil, Chile, Paraguay, and Uruguay with natural gas from several sources, such as the Camisea Gas Project in Peru and Tarija Gas Deposits in Bolivia. Though this proposal has been signed and ratified, economic and political difficulties in Argentina and Bolivia have delayed this initiative, and to date, this agreement remains more like a protocol than an actual project, since Chile and Brazil are already building LNG terminals to import gas from overseas suppliers.

Free movement of people[edit]

Visits by South American citizens to any South American independent country of up to 90 days only require an identification document issued by the traveler's country. On 24 November 2006, Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Guyana, Paraguay, Peru, Suriname, and Uruguay abolished visa requirements for tourists between any of those nations.

Mercosur, along with its Associate members of Bolivia, Chile, Colombia and Ecuador established that their territories together form an "area of free residence with the right to work" to all its citizens, with no additional requirements other than nationality. The Free Movement and Residence Agreement was established in theBrasília summit based in a previous document signed in 6 December 2002.[31]

Citizens of any Mercosur countries will have a simplified process in temporary residence visa of up to 2 years in any other member countries, with the requirements of a valid passport, birth certificate, and no criminal record. Temporary residence can become permanent if a licit means of living can be verified.[32]

At a summit in Guayaquil, Ecuador on 4 December 2014, UNASUR general secretary Ernesto Samper announced, "We have approved the concept of South American citizenship," including the creation of a single passport.[33]

Participating nation states[edit]

Main article: Member states of the Union of South American Nations

Signed In force Document 1969 1969 Cartagena Agreement 1991 1991 Treaty of Asunción 2004 2004 Cusco Declaration 2008 2011 Constitutive Treaty
      Union of South American Nations (UNASUR)                
  Andean Pact (Andean Community of Nations)                
    Mercosur
        · v · t · e  

 

·Members of the Andean Community of Nations (CAN): 1 L

· Bolivia M

· Colombia

· Ecuador

· Peru

·Members of Mercosur: 2 L

· Argentina

· Brazil

· Paraguay

· Uruguay

· Venezuela

·Other members:

· Chile 1 2 L

· Guyana C

· Suriname C

1 These countries are also considered to be associate members of Mercosur.
2 These countries are also considered to be associate members of the Andean Community.
C Caribbean Community (CARICOM) member state
L Latin American Integration Association (ALADI) member state
M Accessing member to Mercosur

·Observers:[34]

· Mexico L

· Panama

Participating non-South American territories[edit]

The following territories situated outside South America are part of member states and therefore participate:

·Easter Island (Rapa Nui), a Chilean territory situated in Oceania.

·San Andrés y Providencia, a Colombian territory situated in Central America.

·Isla Aves, a Venezuelan territory situated in the Antilles.

·Argentine and Chilean Antarctic bases.

Non-participating South American states and territories[edit]

·Trinidad and Tobago, although not a member, was invited to join Union of South American Nations by President of Venezuela, Nicolas Maduro in July 2013.[35]

The following parts of South America are territories of non-South American states and therefore do not participate:

·Aruba, Bonaire and Curaçao are parts of the Kingdom of the Netherlands near to the South American coastline (Venezuela)

·French Guiana, which is an overseas department of France and is therefore part of the European Union

·The Falkland Islands and South Georgia and the South Sandwich Islands, which are overseas territories of the United Kingdom[36] and overseas countries and territories of EU,[37] though claimed by Argentina.[38]

Summits[edit]

No Date Country Host Host leader
1st 15 September 2008 Chile Santiago de Chile Michelle Bachelet
2nd 10 August 2009 Ecuador Quito Rafael Correa
3rd 28 August 2009 Argentina Bariloche Cristina Fernández de Kirchner
4th 26 November 2010 Guyana Georgetown Bharrat Jagdeo
5th 29 October 2011 Paraguay Asunción Fernando Lugo
6th 30 November 2012 Peru Lima Ollanta Humala
7th 30 August 2013 Suriname Paramaribo Dési Bouterse [39]
8th 4 December 2014 Ecuador Guayaquil Rafael Correa [40]

·The July 2014 summit was a joint UNASUR/BRICS summit.

There have been other presidential extraordinary meetings, such as:

·May 2010: Buenos Aires, Argentina. Election of Néstor Kirchner as Secretary General.

·September 2010: Buenos Aires, Argentina. Discussion of the 2010 Ecuador crisis.

·December 2010: Mar del Plata, Argentina. Kirchner's successor after his death. (Concurring with the 20th Ibero-American Summit)

·June 2012: Mendoza, Argentina. Discussion on the Impeachment of Fernando Lugo and suspension of Paraguay. (Concurring with the XLIII Mercosurpresidential summit)

·April 2013: Lima, Peru. Recognition of contested Venezuelan presidential elections results.[41]

·July 2013: Cochabamba, Bolivia. Discussion on the Evo Morales "kidnapping" incident in Europe (due to European/US suspicions that the Bolivian Presidential aircraft carried US fugitive Edward Snowden.)

 

 

Mercosur or Mercosul (Spanish: Mercado Común del Sur, Portuguese: Mercado Comum do Sul, Guarani: Ñemby Ñemuha, Southern Common Market) is a sub-regional bloc comprising Argentina, Brazil, Paraguay, Uruguay andVenezuela. Its associate countries are Chile, Bolivia, Colombia, Ecuador and Peru. Observer countries are New Zealand and Mexico.[6][7]

Its purpose is to promote free trade and the fluid movement of goods, people, and currency. The official languages are Spanish, Portuguese and Guarani.[8] It has been updated, amended, and changed many times since. It is now a full customs union and a trading bloc. Mercosur and the Andean Community of Nations are customs unions that are components of a continuing process of South American integration connected to the Union of South American Nations.



History[edit]

Mercosur was established in 1991 by the Treaty of Asunción, which was later amended and updated by the 1994Treaty of Ouro Preto.

Mercosur originated in 1985, when presidents Raúl Alfonsín of Argentina and José Sarney of Brazil signed the Argentina-Brazil Integration and Economics Cooperation Program or PICE (Portuguese: Programa de Integração e Cooperação Econômica Argentina-Brasil, Spanish: Programa de Integración y Cooperación Económica Argentina-Brasil).[9] The program also proposed the Gaucho as a currency for regional trade.[ citation needed ]

The founding of the Mercosur Parliament was agreed upon at the December 2004 presidential summit. It was expected to have 18 representatives from each country by 2010, regardless of population.[ citation needed ]

Full membership for Venezuela became effective on 31 July 2012,[5][10] after the suspension of Paraguay for the violation of the Democratic Clause of Mercosur (see Impeachment of Fernando Lugo).[11] Previously, on 17 June 2006, Venezuela had signed a membership agreement.[12]

The presidents of the Mercosur countries (Argentina, Brazil, Uruguay and Venezuela) said on July 2013 that they would lift the suspension after the inauguration of Paraguay's newly elected President, Mr. Cartes, on 15 August 2013. However, Paraguay said it would not return to the Mercosur fold as long as Venezuela held its rotating presidency. Venezuela holds Mercosur's rotating presidency until July 2014. Paraguay has objected to Venezuela's inclusion in the trading bloc, and says that a new member can only be included after a unanimous vote and argues that such a vote should not have been held while Paraguay was suspended.[13]

Foreign Minister Eladio Loizaga said he would rather deal with Paraguay's neighbours individually at first. "We have pending issues with Argentina, with Uruguay; we have to recompose all that," he said. "Mercosur will be later because our priority are the bilateral relations," he added.[13]

On 7 December 2012, Bolivian President Evo Morales signed a protocol aimed at accession to full membership of the block.[14] But, such a proposal requires review and possible legislative approval to be valid[15]

Member states[edit]

See also: Member states of Mercosur

Mercosur is composed of 5 sovereign member states: Argentina; Brazil; Paraguay; Uruguay; and Venezuela.

Following the impeachment of President Fernando Lugo by the Paraguayan Senate, this country was suspended from Mercosur, and the admittance of Venezuela as a full member became effective on 31 July 2012.[5] In four years, Venezuela will have to fully adapt to the trade bloc regulations.[16]

Directly subordinated to the Common Market Group, the Work Subgroups draw up the minutes of the decisions to be submitted for the consideration of the Council, and conduct studies on specific Mercosur concerns. Currently, the work subgroups are the following: commercial matters; customs matters; technical standards; tax and monetary policies relating to trade; land transport; sea transport; industrial and technology policies; agricultural policy; energy policy; coordination of macroeconomic policies; and labor, employment and social security matters.

The meetings of the Work subgroups will be held quarterly, alternating in every member state, in alphabetical order, or at the Common Market Group Administrative Office. Activities will be carried out by the Work Subgroups in two stages: preparatory and conclusive. In the preparatory stage, the members of the Work Subgroups may request the participation of representatives from the private sector of each member state. The decision-making stage is reserved exclusively for official representatives of the member states. The delegations of representatives from the private sector in the preparatory stage of the Work Subgroup activities will have a maximum of three representatives for each member state directly involved in any of the stages of the production, distribution or consumption process for the products that fall within the scope of the subgroup's activities.

Geography[edit]

The territory of Mercosur consists of the combined territories of five of the 12 countries of South America and their population. Including the overseas territories of member states, Mercosur experiences most types of climate from Antarctic to tropical, rendering meteorological averages for Mercosur as a whole meaningless. The majority of the population lives in areas with a subtropical climate (Uruguay, Southern Paraguay, Northeastern Argentina and Southern and Southeastern Brazil), or a tropical climate (Venezuela and Northeastern Brazil).

Demographics[edit]

The combined population of all 5 member states was estimated at 275.5 million as of 2011. The most populous country of Mercosur is, by far, Brazil (201 million). The remaining member states' populations are Argentina (41 million), Venezuela (30 million), Paraguay (6.5 million), and Uruguay (3.4 million). The population density is of 33.7/km² (87/sq mi) in Venezuela, 23.1/km² (60/sq mi) in Brazil, 19.4/km² (50/sq mi) in Uruguay, 16.4/km² (42/sq mi) in Paraguay, and 14.9/km² (39/sq mi) in Argentina.[3][22]

The region is highly urbanized, and the largest cities in Mercosur are the global cities Buenos Aires, Caracas, Rio de Janeiro and São Paulo. The white population is the majority in Argentina and Uruguay and represents around half the population in Brazil. Venezuela's racial structure comprises 49.9% mestizo, while the other half about 42.2% of the country's population is considered white, less of 10% of the country's population is considered black, indigenous, Asian and others.[23] Mestizos form the majority population in Paraguay.[1] All Mercosur nations have significant Native American populations, especially in Paraguay (the Native America Guaraní is a national language in the country along with Spanish, and almost all Paraguayans have Guaraní genetic ancestry), Argentina (especially in the country's North-Western, Northern, and Southern provinces), Brazil (in the Northern Amazonian states of the nation, where Native American tribes have vast reservation lands), Venezuela (in the Guayana region). Only Uruguay have very small population of Amerindian ancestry. Most Brazilians are mixed racial, including Pardo (Brazilians throughout the Southern, South-Eastern, Central-West and the North-Eastern states of the nation) and Caboclos (the mestizo population in the Northern Amazonian states of Brazil).

Languages[edit]

Among the many languages and dialects used in Mercosur, it has 3 official and working languages: Portuguese, Spanish and Guaraní. Brazil is the only Portuguese-speaking country in Mercosur and in the Americas, as it formerly was part of Portuguese America. Argentina, Paraguay, Uruguay, and Venezuela were part of Spanish America. Along with Paraguay (where it is one of two official languages), sectors of Argentina (Corrientes) speak Guaraní.

Merchandise trade[edit]

Intra-Mercosur merchandise trade (excluding Venezuela) grew from US$10 billion at the inception of the trade bloc in 1991,[24] to US$88 billion in 2010; Brazil and Argentina each accounted for 43% of this total.[25] The trade balance within the bloc has historically been tilted toward Brazil,[24] which recorded an intra-Mercosur balance of over US$5 billion in 2010.[25] [26] Trade within Mercosur amounted to only 16% of the four countries' total merchandise trade in 2010, however; trade with the European Union (20%), China (14%), and the United States (11%) was of comparable importance.[25] Exports from the bloc are highly diversified, and include a variety of agricultural, industrial, and energy goods. Merchandise trade with the rest of the world in 2010 resulted in a surplus for Mercosur of nearly US$7 billion; trade in services, however, was in deficit by over US$28 billion.[25] The EU and China maintained a nearly balanced merchandise trade with Mercosur in 2010, while the United States reaped a surplus of over US$14 billion; Mercosur, in turn, earned significant surpluses (over US$4 billion each in 2010) in its trade with Chile and Venezuela.[25] The latter became a full member in 2012.

Objectives[edit]

The Southern Common Market promotes:

·The free transit of produced goods, services and factors of production among the member states. Among other things, this includes the elimination of customs rights and lifting of nontariff restrictions on the transit of goods or any other measures with similar effects on it

·Fixing of a common external tariff (CET) and adopting of a common trade policy with regard to nonmember states or groups of states, and the coordination of positions in regional and international commercial and economic meetings;

·Coordination of macroeconomic and sectorial policies of member states relating to foreign trade, agriculture, industry, taxes, monetary system, exchange and capital, services, customs, transport and communications, and any others they may agree on, in order to ensure free competition between member states;

·The commitment by the member states to make the necessary adjustments to their laws in pertinent areas to allow for the strengthening of the integration processes. The Asunción Treaty is based on the doctrine of the reciprocal rights and obligations of the member states. Mercosur initially targeted free-trade zones, then customs unification, and finally a common market. The common market will allow (in addition to customs unification) the free movement of labor and capital across the member nations, and depends the grating of equal rights and duties to all member countries. Because member states will implement the trade liberalization at different speeds, during the transition period the rights and obligations of each party will initially be equivalent but not necessarily equal. In addition to the reciprocity doctrine, the Asunción Treaty also contains provisions for the most-favored nation concept. This concept is that after the common market is formed, member nations are to automatically extend to the other members any advantage, favor, entitlement, immunity or privilege granted to a product originating from or intended for countries that are not party to the Latin American Integration Association (ALADI).

Structure[edit]

The Asunción Treaty and Ouro Preto Protocol established the basis for the institutional Mercosur structure, creating theCommon Market Council and the Common Market Group, both of which are to function at the outset of the transition phase. As provided for in this Treaty, before establishing the common market the member nations must call a special meeting in order to determine the definitive institutional structure for the public agencies managing Mercosur, as well as define the specific functions of each agency and the decision making process.

Common Market Council[edit]

The Council is the highest-level agency of Mercosur with the authority to conduct its policy, and responsibility for compliance with the objects and time frames set forth in the Asuncion Treaty. The Council is composed of the Ministers of Foreign Affairs and the Economy (or the equivalent) of all five countries. Member states preside over the Council in rotating alphabetical order, for six-month periods. Meetings: Council members shall meet whenever necessary, but at least once a year. The presidents of the member nations shall partake of the annual Common Market Council meeting whenever possible. Decision Making: Council decisions shall be made by consensus, with representation of all member states.

Common Market Group[edit]

The Group is the executive body of Mercosur, and is coordinated by the Ministries of Foreign Affairs of the member states. Its basic duties are to cause compliance with the Asuncion Treaty and to take resolutions required for implementation of the decisions made by the Council. Furthermore, it can initiate practical measures for trade opening, coordination ofmacroeconomic policies, and negotiation of agreements with nonmember states and international agencies, participating when need be in resolution of controversies under Mercosur. It has the authority to organize, coordinate and supervise Work Subgroups and to call special meetings to deal with issues of interest. Composition: The Common Market Group shall be made up of four permanent members and four alternates from each member state, representing the following publicagencies: (i) the Ministry of Foreign Affairs; (ii) the Ministry of Economy, or the equivalent (from industry, foreign affairs and/or economic coordination); and (iii) the Central Bank. The members of the Common Market Group appointed by a given member state will constitute the National Section of the Common Market Group for that particular nation. Meetings: The Common Market Group will meet ordinarily at least once every quarter in the member states, in rotating alphabetical order. Special meetings may be freely called at any time, at any previously scheduled place. The meetings will be coordinated by the Head of the Delegation of the host member state. Decision Making: Common Market Group decisions shall be made by consensus, with the representation of all member states. The official Mercosur languages will be Portuguese and Spanish, and the official version of all work papers will be prepared in the language of the country hosting the meeting.

Administrative and socioeconomic[edit]

The Administrative Office will keep documents and issue the Mercosur official bulletin in both Portuguese and Spanish, and will also be charged with communicating the activities of the Common Market Group so as to allow for the maximum disclosure of decisions and the relevant documentation. The Socioeconomic Advisory Forum is consultative by nature, and represents the various socioeconomic sectors of the member nations.

Work subgroups[edit]

Directly subordinated to the Common Market Group, the Work Subgroups draw up the minutes of the decisions to be submitted for the consideration of the Council, and conduct studies on specific Mercosur concerns. Currently, the work subgroups are the following: commercial matters; customs matters; technical standards; tax and monetary policies relating to trade; land transport; sea transport; industrial and technology policies; agricultural policy; energy policy; coordination of macroeconomic policies; and labor, employment and social security matters. meetings. The meetings of the Work subgroups will be held quarterly, alternating in every member state, in alphabetical order, or at the Common Market Group Administrative Office. Activities will be carried out by the Work Subgroups in two stages: preparatory and conclusive. In the preparatory stage, the members of the Work Subgroups may request the participation of representatives from the private sector of each member state. The decision-making stage is reserved exclusively for official representatives of the member states. The delegations of representatives from the private sector in the preparatory stage of the Work Subgroup activities will have a maximum of three representatives for each member state directly involved in any of the stages of the production, distribution or consumption process for the products that fall within the scope of the subgroup's activities.

Joint Parliamentary Committee[edit]

The Committee will have both an advisory and decision-making nature; with powers to submit proposals as well. It will be competent, inter alia, to: follow up on the integration process and keep the respective Congresses informed; Take the necessary steps for the future instatement of a Mercosur Parliament; Organize subcommittees to examine matters relating to the integration process; Submit its recommendations to the Common Market Council and Group as to how the integration process should be conducted and Southern Common Market formed; Make the adjustments necessary to harmonize the laws of the different member states and submit them to the respective Congresses; Establish relationships with private entities in each of the member states, as well as international agencies and bureaus so as to obtain information and specialized assistance with matters of interest: Establish relationships targeting cooperation with Congresses of the nonmember nations and entities involved in regional integration schemes; Subscribe to cooperation and technical assistance accords with public and/or private entities whether domestic, supranational or international. The Committee will be composed of a maximum of 64 acting parliamentary members, 16 per member state, and an equal number of alternates, appointed by the Congress to which they pertain, and with a term of office of at least two years. The meetings shall be conducted by a directors' board consisting of four presidents (one for each member state). The Committee will ordinarily meet twice a year, and extraordinarily whenever summoned by any of its five presidents. Meetings are to be held in the territory of each member state on a successive and alternating basis. Decision Making: Meetings of the Joint Parliamentary Committee will only be valid when attended by parliamentary delegations from all member states. Decisions by the Joint Parliamentary Committee will be made by consensus vote of the majority of the members accredited by the respective Congresses of each member state. Portuguese and Spanish are the official languages of the Joint Parliamentary Committee.

Trade Commission[edit]

The Trade Commission will assist the Mercosur executive body, always striving to apply the instruments of common trade policy agreed to by the member states for operation of the customs unification. The commission should also follow up on the development of issues and matters related to common trade policies, the intra-Mercosur trade and trade with other countries. The Commission will have five actual members and four alternates, with each member nation's indicating a member. The Trade Commission shall exert every effort to apply common trade policy instruments such as: trade agreements with other countries or international entities; administrative/commercial product lists; final adaptation system for Mercosur customs unification; rrigin system; free-trade zone system, special customs areas and export processing zones; system to discourage unfair trade practices; elimination and harmonization of tariff restrictions; nonmember country safeguard systems; customs coordination and harmonization; consumer protection systems; and export incentive harmonization.

Furthermore, the trade commission should speak out regarding the issues raised by the member states regarding application and compliance with common offshore tariffs and other common trade policy instruments. The commission shall meet at least once a month, as well as whenever asked to by the Mercosur executive agency or by a member state. The commission can take decisions entailing administration and application of trade policies adopted under Southern Common Market, and whenever necessary submit proposals to the executive body regarding regulation of the areas under its authority; additionally, it can propose new guidelines or modify those in existence in Mercosur trade and customs matters. In this respect, the trade commission can propose a change in the import duty on specific items under common external tariffs, including cases referring to development of new Mercosur production activities. In order to better achieve its objectives, the trade commission can create technical committees targeting direction and supervision of the work it engages in. It can also adopt internal operating regulations. Proposals and decisions of the trade commission will be taken by a consensus of the representatives indicated by each member nation. Any disputes ensuing from the application, interpretation or compliance with the acts issued by the trade commission are to be referred to the Mercosur executive body, and should be resolved using the directives set forth in the Dispute Resolution System adopted under Southern Common Market.

International jurisdiction over contractual matters[edit]

The rules on litigation jurisdiction over contractual matters will apply to disputes arising from civil or commercial international contracts between private-law legal entities or individuals provided that: They are domiciled or headquartered in different member states: At least one of the parties to the contract is domiciled or headquartered in any member state and, additionally, has made a choice of jurisdiction in favor of a court in one of the member states. In this case, there must be a reasonable connection between the jurisdiction chosen and the controversy. The scope of the application of the international jurisdiction guidelines over contractual matters excludes the following: legal relationships between bankrupt entities/individuals and their creditors and any other analogous proceedings (especially concordatas composition with creditors); matters under agreements involving family and succession law; social security contracts; administrative contracts; employment contracts; consumer sales contracts; transport contracts; insurance policies; and rights in rem.

Choice of jurisdiction[edit]

Courts in member nations to whose jurisdiction the contracted parties have agreed to submit the matter in writing will have jurisdiction to settle controversies stemming from civil or commercial international contracts.

Agreement of choice[edit]

The jurisdiction can be agreed on at the time the contract is signed, during the life of the contract, or even when the dispute actually arises. The validity and effects of the choice of venue will be governed by the law of the member nations that normally have jurisdiction to hear the case, always resorting to the law most favorable to the validity of the contract. Whether or not jurisdiction is chosen, such jurisdiction will be prorogated in favor of the courts of the member state where the proceedings are in fact filed, provided the respondent voluntarily allows this in an affirmative and unfeigned way.

Subsidiary jurisdiction[edit]

Should the contracted parties not reach an agreement regarding the courts that are competent to settle disputes, the member state chosen by the plaintiff of the case in point will have jurisdiction: The court of the place where the contract is to be performed; or The court of the domicile of the respondent; or The court of the domicile or headquarters of the claimant when the latter can show that it has done its part. For purposes of item (i) above the place of performance of the contract will be the member state where the obligations on which the claim is based have been or should be performed, taking into consideration the following: For contracts involving certain specific items, the place where they existed at the time of contract signing; For contracts involving specific items according to their type, the place of domicile of the debtor at the time of contract signing; For contracts involving fungible items, the place of domicile of the debtor at the time of conclusion of the contract; and For service rendering contracts:

·If in regard to items, the place where they were at the time of contract signing;

·If effectiveness is related to any special place, the place where they were to produce effects;

·In all other cases, the place of domicile of the debtor at the time of contract signing. For purposes of application of second item above for determination of the domicile of the respondent in a contractual dispute involving individuals, the following will be taken into consideration: The habitual residence: On a subsidiary basis, the central place of business; and In the absence of any such considerations, the place where found, meaning the actual residence. When dealing with a legal entity, the determination of the domicile will be based on where the administrative headquarters have been set up. The claim plaintiff can, as an alternative, file in any of the places where the legal entity has branches, establishments, agencies or any other type of representation. Legal entities headquartered in any member state that have concluded contracts with any other member state can be sued in the courts of this latter state should there be any dispute as to the construction and implementation of the obligations regulated by contract. In the event there is a codefendant, a suit on contractual matters can be adjudicated with the courts of jurisdiction in the territory of the domicile of any of the parties to the litigation. Additionally, any claims entailing personal collateral rights or intervention of nonmember states in contractual obligations can be filed with the court hearing the main proceeding.

Counterclaims[edit]

In the event of there being a counterclaim based on any act or fact that served as the basis for the main proceeding, the courts hearing the main proceeding will be competent to hear any counterclaims that may arise.

Educational integration[edit]

Based on the premise that education is a fundamental factor in the regional integration process, educational courses at the primary or junior high level, provided that they do not entail technical studies, will be recognized by member states as being on the same level for all member nations. Likewise, in order to permit continuing education, certificates proving course conclusion issued by an official institution accredited in one of the member states will be valid in all other member states. Nontechnical primary and junior high level studies that have not been completed will be accredited by any member state, thereby allowing course conclusion in another member nation. Studies will be completed using an equivalency table to determine the level achieved.

Regional Technical Commission[edit]

In order to harmonize the mechanisms favoring accreditation of studies undertaken in any member nation in any other member nation, and to resolve any situations that may not be covered by the equivalency table, a Regional Technical Commission will be created. This Commission will include delegations from the ministries of education of each member nation, and will meet whenever at least two member states think it necessary to convene. The meeting sites will be established on a rotating basis. Any disputes that arise among the member states as a result of application, construction or noncompliance regarding the provisions related to education will be initially resolved by direct diplomatic negotiations. Should the countries not reach an accord or should the dispute be only partially resolved, then the procedures set out in the Dispute Resolution System will be resorted to. Should the member nations enter into a bilateral convention or accord whose provisions are more favorable to their students, the member states in question can apply whichever provisions they consider most advantageous.

Free trade zones[edit]

The member nations can have commercial free-trade zones, industrial free-trade zones, export processing zones, and special customs areas, all of which target providing merchandise marketed or produced in these areas with treatment different from that afforded in their respective customs territories.[ citation needed ] Uruguay's Vice-President Danilo Astori said the issue of a free trade agreement with the United States must be dealt and that "opportunities must be built." He also said that "each Mercosur country should have a multiplicity of memberships. Mercosur must have joint international policies, an agreement on moderate protection from third parties and above all must have agreements with other trade blocks."[30]

Tariffs[edit]

The member states can assess merchandise from these areas with the common external tariff used for Mercosur merchandise, or, in the case of certain special products, the domestic tariff prevailing in each individual state. In this way, the products from the free-trade zones can have the more favorable tax treatment established under Southern Common Market, given to the merchandise produced in the normal customs zones of each member state or, in the case of certain special products, can have the normal customs treatment prevailing in each nation.

Safeguards[edit]

Products produced or marketed in the free-trade zones of each member nation will be eligible for the safeguard system whenever this entails an increase not provided for in imports, but capable of causing damages or threatened damages to the importer country.

Incentives[edit]

In the event of the producing nation's granting special incentives for production from the free-trade zones that are not compatible with the corresponding guidelines established under the General Agreement on Tariffs and Trade (GATT), the member nation can make any adjustments needed to return the situation to equilibrium.

Creation[edit]

The member nations agreed that any free-trade zones that in August 1994 were already in operation could operate normally under Mercosur, along with any that are set up in light of legal guidelines prevailing or in course in congress during this same time period. This means that a member nation can no longer create new free-trade zones that are more privileged. Mercosur is an effective agreement for its members.

Manaus and Tierra del Fuego FTZs[edit]

The actual implementation of Mercosur will not affect the special Manaus, Brazil, and Tierra del Fuego, Argentina, free-trade zones organized in light of their special geographic situations. These two free-trade zones may continue normal operations until 2013.

Reciprocal promotion and protection[edit]

The nations subscribing to the Asunción Treaty consider that the creation and maintenance of conditions favorable to individual or corporate investment for the jurisdiction of one of the member states in the territory of another state is essential to intensify the economic cooperation targeted so as to accelerate the integration process among all four member states. In this context, Argentina, Uruguay, Paraguay and Brazil signed on 1 January 1994 in the city of Colonia del Sacramento, Uruguay, the Colonia Protocol for the Reciprocal Promotion and Protection of Mercosur Investments (Colonia Protocol). It was established in this protocol that investments under Mercosur by investors resident or domiciled in the territory of any member state will be entitled to treatment no less favorable than that accorded by the other member state to national investors or nonmember states.

Investors[edit]

For the purposes of constructing the Colonia Protocol, investors are considered to be: Individuals who are citizens of any of the member nations or that reside there on a permanent basis or are domiciled there, with due regard for legislation prevailing in such territory; Legal entities organized pursuant to the legislation of one of the member nations that are headquartered there; and Legal entities organized in the territory where the investment is made, actually and directly or indirectly controlled by the legal entities or individuals mentioned above.

Investment[edit]

The term investment includes all types of assets such as: movable or immovable property, such as rights in rem and guarantee in rem rights; shares, corporate holdings and any other type of corporate participation; credit instruments and rights that may have an economic value; intellectual property rights or materials, Including copyrights and industrial property rights such as patents, industrial drawings, trademarks, commercial names, technical procedures, know-how and goodwill; Economic concessions involving public law, such as research, cultivation, extraction or natural resource exploration concessions.

Freedom to invest[edit]

The nation receiving the investment cannot avail itself of unjustified or discriminatory means capable of restricting the investor's freedom to manage, maintain, use, enjoy and dispose of its investments.

Tax[edit]

The member states are not however obligated to extend to investors in the other nations signatory to the Colonia Protocol the benefits of any treatment, preference or privilege resulting from international accords relating fully or partially to tax matters.

Exceptions[edit]

In addition, the member nations can temporarily establish a list of exceptions where the new treatment will not yet prevail. In this way, the various member nations decided to except the following economic sectors: Argentina: ownership of real estate on the frontier strip, air transportation, naval industry, nuclear power plants, uranium mining, insurance and fishery; Brazil: mineral prospecting and mining; use of hydraulic energy; health care; television and radio broadcasting and telecommunications in general, acquisition or leasing of rural properties; participation in the financial intermediation, insurance, social security and capitalization systems; chartering and cabotage as well as inland navigation; Paraguay: ownership of real property on the frontier strip; communications, including radio and television broadcasting; air, sea and land transportation; electricity, water and telephone services; prospecting for hydrocarbons and strategic minerals; import and refining of petroleum derivatives and postal services; and Uruguay: electricity; hydrocarbons; basic petrochemicals, atomic energy; prospecting for strategic minerals; financial intermediation; railways, telecommunications; radio broadcasting; press and audiovisual means.

Expropriation and compensation[edit]

The member nations undertook to do nothing to nationalize or expropriate investments in their territories that pertain to investors from the signatory countries, unless such measures are taken based on public need. In such case, nothing discriminatory can be done, but everything must be implemented by due legal process. Compensation for the investment holder that is expropriated or nationalized should be both adequate and effective, and made in advance, based on the real investment value determined at the time the decision is publicly announced by the proper authorities. This payment will be updated until actual payment, and the affected investor will receive interest.

Transfers[edit]

The original member state investors will be ensured free transfer[ disambiguation needed ] of their investments and any earnings thereon. These transfers can be made in freely convertible currency, using the exchange rate prevailing on the market pursuant to the procedures established by the member state receiving the investment. Member nations cannot adopt any exchange measures restricting free transfer of the funds invested or from activities exercised in their respective territories.

Role and potential[edit]

Some South Americans see Mercosur as giving the capability to combine resources to balance the activities of other global economic powers, especially the North American Free Trade Agreement (NAFTA) and the European Union.[31] The organization could also potentially pre-empt the Free Trade Area of the Americas (FTAA);[32] however, over half of the current Mercosur member countries rejected the FTAA proposal at the IV Cumbre de las Américas (IV Summit of the Americas) in Argentina in 2005.

The development of Mercosur was arguably weakened by the collapse of the Argentine economy in 2001 and it has still seen internal conflicts over trade policy, between Brazil and Argentina, Argentina and Uruguay, Paraguay and Brazil, etc. In addition, many obstacles are to be addressed before the development of a common currency in Mercosur.[33]

In 2004, Mercosur signed a cooperation agreement with the Andean Community of Nations trade bloc (CAN) and they published a joint letter of intent for future negotiations towards integrating all of South America.[34] The prospect of increased political integration within the organization, as per the European Union and advocated by some, is still uncertain.[35] Bolivia, also a member of CAN and an associate member of Mercosur before the UNASUR process started, plays a crucial part in relations, says Marion Hörmann, since Bolivia is traditionally seen as a mediator between the Andean countries and the rest of South America. Regional Integration: Key Role for Bolivia

The bloc comprises a population of more than 270 million people, and the combined Gross Domestic Product of the full-member nations is in excess of US$3.0 trillion a year (Purchasing power parity, PPP) according to International Monetary Fund (IMF) numbers, making Mercosur the fifth-largest economy in the World. It is the fourth-largest trading bloc after the European Union.[36]

The working of Mercosur has not met with universal approval within interested countries. Chile has to a certain extent preferred to pursue bilateral agreements with trading partners, and there have been calls from Uruguayan politicians for this example to be followed.[37]

FTA with third parties[edit]




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