Economic integration: A legal perspective on the creation of regional trading blocs.

摘要

The focus of this thesis is on the economic integration of regional trading blocs from a legal perspective. The hypothesis of the thesis is that the level of desired economic integration by the participating member states has a direct relationship or bearing on the type of institutional structure created. If the desired level of economic integration is lower, like a free trade area, the likelihood is that the institutional structure will be facilitative and intergovernmental with a dispute settlement mechanism created in order to resolve disputes. If, however, the desired level of economic integration has moved beyond the free trade area to the desire to create either a customs union or a common market, the institutions are more likely to be productive and possess supranational characteristics. In addition, it is increasingly likely that a legal system, with both legislative and judicial functions, will be created to resolve the disputes and differences between the participating member states of a proposed customs union or common market.; The thesis will commence with a theoretical look at economic integration from both a political science and economic perspective, which will be used as a basis for postulating a legal theory of the economic integration of regional trading blocs. The experiences of the European Community, the European Economic Area, the North American Free Trade Area and the Common Market of the South (MERCOSUR) will be examined in the following chapters. The final chapter of the thesis attempts to draw together the experiences of the four regional trading blocs and then will put forward for discussion a preferred institutional structure for future regional trading blocs.