European Union and legal decision making in the new free trade with Mercosur in the light of Hans Kelsen's internationalism law theory

• Grant number: 23/06776-2
• Support Opportunities: Scholarships abroad - Research Internship - Post-doctor
• Start date: December 01, 2023
• End date: November 30, 2024
• Field of knowledge: Applied Social Sciences - Law - Theory of Law
• Principal Investigator: Dimitrios Dimoulis
• Grantee: Rubin Assis da Silveira Souza
• Supervisor: Pierluigi Chiassoni
• Host Institution: Escola de Direito de São Paulo. Fundação Getúlio Vargas (FGV). São Paulo , SP, Brazil
• Institution abroad: Università degli Studi di Genova, Italy
• Associated to the scholarship: 21/08496-1 - Legal hermeneutics and international law: a case study of judicial decision-making on the European Union-Mercosur free trade agreement under Hans Kelsen's internationalism law theory, BP.PD

Abstract

This project aims at acquiring resources for a research internship abroad (BEPE) sponsored by the São Paulo Research Foundation (FAPESP), as outlined in the postdoctoral project (PD). The PD initial phase focuses on exploring the legal decision-making process practiced in the new agreement between Mercosur and the European Union, using Hanks Kelsen's internationalism and logical positivism as such process explicative theory (ET).Beyond the discussions and studies conducted at the local institution, São Paulo Law School-FGV-SP, the project first empirical study (ES1) comprises searching and gathering bibliographic references on standards, decisions, and general legal documentation by visiting Mercosur partner institutions, primarily the Mercosur Parliament in Uruguay. The second phase of the empirical study (ES2) aims at carrying out the same research method, but from the European perspective, requiring an in-loco investigation due to the bibliographical, cultural insertion, and document limitations seen at academic institutions in São Paulo (and throughout Brazil). This approach is paramount considering the early stage of the new agreement - its special section is still being debated.The aforementioned reasons justify the sponsorship. Furthermore, the excellence of the foreign institution will enhance the quality of the entire research since the Tarello Institute is one of the most important European and international references on ET and on Public International Law. In addition, the project supervisor in Italy, Professor Pierluigi Chiassoni, is one of the most influential researchers in such fields. (AU)