MERCOSUR is
a regional bloc of countries in South America that was set up to form a common
market and eliminate trade barriers between its member states. Amongst other ways,
it uses legal approximation to achieve these goals. Food legislation
harmonization is an important part of the process, and it is an obligation for
all MERCOSUR member states.In 1991, Argentina, Brazil, Uruguay, and Paraguay
signed the “Treaty of Asunción” to create the “Mercado Común del Sur” (The
Common Market of the South), better known as MERCOSUR.
The treaty sets up the
framework of MERCOSUR and outlines the parties’ goal to become a common market
through the adoption of a common external tariff, a common trade policy, and
the “free movement of goods, services, and factors of production between
countries through the elimination of customs duties and non-tariff restrictions
on the movement of goods.”Currently, the MERCOSUR is composed of six member
states: Argentina, Brazil, Paraguay, Uruguay, Venezuela (2006) and Bolivia
(2015).
The binding force of MERCOSUR acts generates for Member States duty to
incorporate provisions into their National Legislation Systems and as well as
obligation to refrain from adopting acts that could obstruct the effectiveness
of MERCOSUR acts. The duty to incorporate derives from the intergovernmental
nature of MERCOSUR decision-making bodies, which approximate the legal
instruments to national regulations.
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