FGV CENTRE OF EXCELLENCE ON EU-SOUTH AMERICA GLOBAL GOVERNANCE

Partnership with 5 national universities and think tanks: Pontifícia Universidade Católica do Rio de Janeiro (PUC-Rio); Universidade do Estado do Rio de Janeiro (UERJ); Escola de Guerra Naval; Centro Brasileiro de Relações Internacionais (CEBRI); e Universidade Federal Rural do Rio de Janeiro (UFRRJ).

1. Ana Paula Tostes - Departamento de Relações Internacionais, Universidade do Estado do Rio de Janeiro
2. Andrea Ribeiro Hoffmann - Instituto de Relações Internacionais, Pontifícia Universidade Católica do Rio de Janeiro
3. Ely Caetano Xavier Junior - Departamento de Ciências Jurídicas do Instituto de Ciências Humanas e Sociais, Universidade Federal Rural do Rio de Janeiro 
4. Florian F. Hoffmann - Departamento de Direito, Pontifícia Universidade Católica do Rio de Janeiro 
5. Marilda Rosado de Sá Ribeiro - Faculdade de Direito, Universidade do Estado do Rio de Janeiro 
6. Maurício Mota - Faculdade de Direito, Universidade do Estado do Rio de Janeiro 
7. Monique Sochaczewski -  Grupo de Estudos e Pesquisa sobre o Oriente Médio 
8. Rafael Zelesco Barretto - Escola de Guerra Naval 
9. Raphael Vasconcelos - Faculdade de Direito, Universidade do Estado do Rio de Janeiro e Universidade Federal Rural do Rio de Janeiro 

Partnership with 10 top international universities, think tanks and EU institutions: 

1. Prof. Achilles Skordas, Max Planck Institute for International Law, Heidelberg;
2. Prof. Anne Weyembergh, Université libre de Bruxelles;
3. Prof. Ramona Coman, Université libre de Bruxelles;
4. Prof. Emmanuelle Bribosia, Université libre de Bruxelles;
5. Prof. Isabelle Rorive, Université libre de Bruxelles;
6. Prof. Diego Arroyo, Sciences Po Paris;
7. Prof. Fulvio Palombino, Università Degli Studi di Napoli Federico II;
8. Prof. Jean-Marc Sorel, École de droit de la Sorbonne - Université Paris 1;
9. Prof. Jorge Viñuales, University of Cambridge;
10. Prof. Laurence Boisson de Chazournes, Université de Genève;
11. Prof. Serena Forlati, University of Ferrara;
12. Prof. Elena Lazarou, European Parliamentary Research Service;
13. Prof. Mario Telo, LUISS_Roma
     

Giulia Tavares Romay de Araújo 

Yasmin da Cunha Paes

Deliverable Nr. 1

• Description: Book containing the best papers produced by the students of the Course on Comparative Regionalism and selected for publication. Annual and multidisciplinary publication which covers all subjects involved in the course. Up to 2018, the the Jean Monnet Action (Module + Chair) at the Getulio Vargas Foundation Law School has already published eight volumes of this book.
• Impact: The book will enrich the Latin American doctrine on EU studies and Comparative Regionalism and will serve as a guideline and research tool for all Brazilian and Latin American students who wish to further their knowledge in EU law and related subjects.
• Estimated Date of publication: Once a year.

Deliverable Nr. 2 

• Description: Didactic material of the course on EU-South American School on Global Governance to be offered to FGV students and external students from other renowned universities in Brazil enrolled in the Jean Monnet Centre of Excellence’s course.
• Impact: All documents will be available online in open access format via eclass platform provided by FGV. The website provides open access to public of all class materials from FGV Law School Bachelor Programme – Rio de Janeiro.
• Estimated Date of publication: Didactic material will be available by the beginning of classes in each semestre.

Deliverable Nr. 3

• Description: FGV Direito Rio will make all adjustments necessary in order to adapt the Jean Monnet Chair website for the Jean Monnet Centre of Excellence (http://direitorio.fgv.br/jean-monnet-chair). The webpage will contain the electronic version of the didactic material, as well as other documents and jurisprudence mentioned during the course. The Jean Monnet Chair and Centre’s publications are also to be available online, by the http://direitorio.fgv.br/jean-monnet-chair/publications. 
• Impact: All the academic activities organized during the project’s life-time will be promoted, disseminated and shared with the whole internet community, including the courses’ registration periods, open lectures, international conferences, and researches’ publications, among others. 
• Estimated Date of publication: The website will be available and updated all over the year during the project lifetime. 

Deliverable Nr. 4  

• Description: This publication is the result of a larger research project developed by the Max Planck Institute Luxembourg for Procedural Law. This contribution to the Max Planck Encyclopedia of International Procedural Law (EiPro) intends to evaluate the Mercosur dispute settlement system through a procedural lens. The EiPro aims at providing a comprehensive study of international law by examining it from a procedural perspective. It also intends to reflect the current state of legal and interdisciplinary research in the field as well as to promote cutting-edge research in this under-explored area in order to fill the current void of studies focusing on international procedure.
• Impact: The publication will provide theoretical and practical information on the Mercosur Dispute Settlement System, including the challenges thereof. It will be of interest to academics specialized in Comparative Regionalism in Europe and Latin America.
• Language: English

Deliverable Nr. 5 

• Description: This academic publication will be the result of the research project “Supremacy of International Law vs. National Fundamental Principles in Brazil”. It will be a chapter about Brazil in a book, edited by Prof. Fulvio Maria Palombino, called “Supremacy of International Law vs. National Fundamental Principles. A Comparative Law Perspective.”
• The chapter evaluates the tension between the supremacy of International and Mercosur Law vs. national fundamental principles in Brazil. Taking Brazilian historical and recent context into account, the research intends to evaluate the interaction between international law, including Mercosur law, and constitutional law in Brazil with regards to incorporation and application by domestic authorities, as well as its challenges and possible solutions.
• Impact: This project will be pursued by a network of scholars who share information and reflections on these topics. In particular, the project aims to stimulate academic debate, the development of research projects and joint publications.
• Language: English

Deliverable Nr. 6 

• Description: This academic publication will be the result of the research project “Judicial Dialogue: vertical and horizontal interaction between national and international judges”. It is designed to be a book chapter in the Research Handbook on the International Court of Justice, edited by Prof. Achilles Skordas. It will explore the horizontal dialogue between the International Court of Justice and the Inter-American Court of Human Rights, particularly the interaction and potential collisions between the two courts, and the way in which the ICJ might ‘steer’ the jurisprudence of the Inter-Court and vice-versa.
• Impact: This project will be pursued by a network of scholars who share information and reflections on these topics. In particular, the project aims to stimulate academic debate, the development of research projects and joint publications.
• Language: English

• EU-South America Global Governance: regulation and litigation

This Conference, to be held at the Getulio Vargas Foundation in Rio de Janeiro, will include panels on European Union-South America Global Governance. Scholars and practicing lawyers will have the opportunity to share information and reflections on Global Regulation and Global Litigation with the academia. 

The panels on Global Regulation will address multi-level decision-making and policy development in the EU and Mercosur. It will cover the principles of governance in the EU and South America and includes specialized modules to foster a deeper understanding of particular important policy areas. The panels dealing with Global Litigation will deal with the legal structure of the internal market, the jurisdiction of regional and sub-regional dispute settlement mechanisms in the EU and South America and litigation challenges.  In particular, invited professors may enrich the event by comparing the South American practice with the European experience.
 

• “EU Day” - FGV Jean Monnet Centre of Excellence

The FGV Centre of Excellence will promote an “EU Day” with the special participation of Elena Lazarou (European Parliamentary Research Service). Members of the EU Delegation in Rio will also be invited, together with academics, students and community members. They will have the opportunity to analyze, present, debate, and share knowledge on contemporary EU and related issues. Audiovisual resources, such as films and documentaries, are also in the event’s schedule in order to inform and provoke discussions on current issues from the state of the EU-South America relationship. All activities will be open to the general public.

Training Course on Human Rights Litigation

The training course will be conducted by two International Invited Professors, Prof. Dr. Emmanuelle Bribosia and Prof. Dr. Isabelle Rorive (Université Libre de Bruxelles). It aims at exchanging legal practices between the FGV legal Clinic and the ULB Equality Law Clinic. More precisely, it will offer a practical and theoretical understanding of strategies to be developed in non-discrimination and human rights litigation, including the national, European and international levels. Three legal tools will be applied:  strategic litigation, amicus curiae and the intervention of third parties before international, regional and national courts. Law students and lawyers are the main targeted audience.

In order to ensure consistency among the project’s objective and events, open lectures given by invited professors in the EU-South America School on Global Governance, will be organized according to the Centre’s three main research areas: (c.1) Global Regulation, (c.2) Global Litigation, and (c.3) Human Rights and Democracy, with a special focus in EU related issues.

Global Regulation

• The MERCOSUR dispute settlement system

Brazilian Invited Professor for event: Raphael Vasconcelos

 This lecture intends to present and elaborate to students how the MERCUS dispute settlement system works. Dispute settlement systems are fundamental to maintaining the coherence of the law of international organizations. MERCOSUR has had institutionalized mechanisms to resolve disputes since its inception. During the period of validity of the Protocol of Brasilia, for example, all the arbitral awards rendered were fulfilled. The existence of a permanent arbitration body and the access of individuals to consultative competence are the most important aspects of the current regime of the Protocol of Olives. This work has markedly descriptive and dogmatic characteristics. It was decided not to adopt the traditional scientific system founded on problem and starting hypothesis. It was sought to consolidate in a few pages the most relevant practical issues of the current system. As a concluding message, we note the great expectation created regarding the entry into force of the Protocol of Olivos II and the institutional strengthening of the maximum body of the regional dispute settlement system.

• European and global challenges of equality law

Invited Professor: Emmanuelle Bribosia et Isabelle Rorive (Université Libre de Bruxelles)

Starting from the major developments of EU anti-discrimination law, the aim of this course is to show how a global approach is fostering normative tools to better grasp the current evolutions and challenges in this domain.

• Impacts of the EU Investment Court System on the global investment policymaking

Brazilian Invited Professor: Ely Caetano Xavier Junior

The lecture intends to discuss the core characteristics of the European Union’s Investment Court System (ICS) as included in the economic agreements with Canada and Vietnam. The lecture also reviews the impacts of the European proposal on global investment policymaking, debating UNCITRAL’s efforts to multilateralize the investment court system and the reactions of selected South American countries to these efforts.

Global Litigation

• The application of the principle of judicial economy by International Courts and Tribunals

International Invited Professor: Fulvio Maria Palombino

The lecture will be devoted to the principle of judicial economy. It will be argued that this principle belongs to the fundamental canons of international procedure – that is, those canons which are inherent in the judicial function and whose application should generally be ensured by the judge concerned, regardless of what the written procedural law establishes. This will be demonstrated through an analysis of how international courts and tribunals, precisely for reasons of judicial economy and departing from the duty to decide all points put forward by the parties (non ultra petita), enter into those issues alone which are necessary for the purpose of resolving the dispute and/or establishing the true state of the world (the so-called criterion of judicial limitation of the scope of the decision or absorption). Even though no provision requires it, each judge is in fact expected to operate in conformity with this criterion and to use it in a proper way; its misapplication may lead to reforming the decision or precluding its enforcement. The frequent use of the criterion at issue, on the other hand, supports the contention according to which judicial economy is an expression of judicial activism.

• The rule of law and mutual trust in the EU and in the Mercosur : solution or problem?

International Invited Professors: Anne Weyembergh and Ramona Coman (Université Libre de Bruxelles)

The intervention will first focus on the rule of law and mutual trust in the EU and in the Mercosur.With this purpose, topical concrete cases will be selected and discussed.
The intervention will be interdisciplinary in nature, bringing together political science (Ramona Coman) and legal perspectives (Anne Weyembergh). The approach will be comparative as it will examine the role and challenges of both principles in the two regional contexts.

A scientific contribution in an academic journal will result from this intervention.

Human Rights and Democracy

• EU decision-making, legitimacy and democratic déficit

Brazilian Invited Professor: Andrea Hoffman

The first part of this open lecture will address the institutions and processes of decision-making in the European Union. The second part discusses the concepts of legitimacy and democractic déficit, and the third part analyses the democratic déficit and legitimacy of the EU, empirically, in a number of case-studies including internal and external policies.

• The Interaction of the European Human Rights System with the EU (ECJ) and the American Human Rights System

Brazilian Invited Professor: Florian Hoffmann  

Horizontal Effect, Cross-Fertilization, and (Occasional) Antagonism: The Interaction of the European Human Rights System with the EU (ECJ) and the American Human Rights System

• Multilevel multilateral cooperation within a globalized economy. History, present and future

Prof. Dr. Mario Telo

This lesson will address multilevel multilateral cooperation within a globalized economy, from a historical perspective. The aim is to address contemporary challenges on the matter. 

• European Union relations with the Middle East: various possible definitions of the Middle East

Brazilian Invited Professor: Monique Goldfeld

Based on the article ‘Whose ‘Middle East’? Geopolitical Inventions and Practices of Security’, by Pinar Bilgin, this lecture intends to critically explore approaches that present the ‘Middle East’ as a region that ‘best fits the realist view of international politics’. It also presents the current relations between Europe and Middle East. Turkey’s role in the European integration is also a topic of this lecture.

• Europe’s area of freedom, security and justice: actors, challenges and outcomes

International Invited Professors: Anne Weyembergh and Ramona Coman (Université Libre de Bruxelles)

The lecture of two hours will first focus on the evolution of the EU Area of freedom, security and justice. It then will examine topical issues related to the rule of law and mutual trust in European governance. Each dimension will be explored the role of the actors, the challenges at stake and the potential outcomes.  

The lecture will be interdisciplinary in nature, bringing together political science (Ramona Coman) and legal perspectives (Anne Weyembergh). Interaction with participants will be privileged. With a view to encourage participation, preparatory readings will be communicated in advance.

A book chapter will result from this conference/lecture. Power point presentations will be circulated among participants and interested audience.

• The European Union Institutions and innovative politics

Brazilian Invited Professor: Ana Paula Balthazar Tostes 

The aim of the lecture is to present historical challenges of the European integration, considering the innovative institutional model, the trajectory changes of the integration during periods of crises, and the contemporary challenges with the immigration crises, the growth of the populism, the Brexit and the ongoing threats of Euroscepticism. 

• International Institutions in the context of regional integration: the case of the European Parliament and the perspective of supranational representation

Brazilian Invited Professor: Ana Paula Balthazar Tostes 

The European Parliament has taken a leading role in the EU's decision-making process; however, this was a result of a long-term reforms and empowering. Although the EP is the most important institution for de democratic development of the EU, it has become a space for coalition of interests not only for integration, but also for Eurosceptic agendas. In this sense, the lecture encompasses the legitimacy and democratic dilemmas and challenges faced by the EU since 2009. 
This lecture addresses the "European crises" that began with the euro crisis, followed by the migratory crisis, the Grexit, the Brexit and the growth of the far-right ideology in the region. The research aims to contribute for an analysis about the development of the power of the EP in face to the capacity to offer an expected legitimacy and democratic representation in the context of the EU.