Arbitragem no âmbito da Alca e outros apontamentos legais referentes ao tema

Abstract

The framework of the initiative of the Free Trade Area of the Americas (FTAA), as conceived by the United States of America (USA) and presented to the other countries of the hemisphere, is, from a legal perspective, both discriminatory and anachronic. This is so because the adopted structure allows for the superiority of US internal laws over treaty obligations; because the offers made by the USA are discriminatory; and because thedispute resolution system contemplated for the FTAA is based on the World Trade Organization (WTO) model, which has fallen into disrepute as a result of its manipulation in detriment of developing countries and is now undergoing a thorough process of revision within the ambit of the Doha Round.