Transformative Constitutionalism in Latin America and International Economic Law: Avoiding Conflict and Fostering Dialogue
FGV Jean Monnet Chair and Max Planck Institute for Comparative Public Law and International Law, FGV Direito Rio, Rio de Janeiro
On August 28th and 29th 2017, the workshop "Transformative Constitutionalism in Latin America and International Economic Law: Avoiding Conflict and Fostering Dialogue" was held at the headquarters of FGV in Rio de Janeiro. The event was a result of the partnership between the Max Planck Institute for Comparative Public Law and International Law and the Postgraduate Programme in Regulation Law at the FGV Rio de Janeiro Law School (FGV Direito Rio), directed by Professor Sérgio Guerra. The Jean Monnet Chair of FGV Direito Rio, coordinated by Professor Paula Wojcikiewicz Almeida, promoted and organised the event.
From different perspectives and approaches, the workshop examined the relationship between International Economic Law instruments and the possibility of building a Transformative Constitutionalism in Latin America. The event began with a presentation by Professor Armin von Bogdandy, the director of the Max Planck Institute, who used the concept of Ius Constitutionale Commune in Latin America (ICCAL) as a guiding principle, which was also used in other presentations throughout the meeting. Following that, there were four panels in which national and international scholars participated.
The first panel explored the theme of Transformative Constitutionalism in Latin America. Professor Flavia Piovesan from the Pontifical Catholic University of São Paulo (PUC/SP) discussed the context, challenges, and perspectives of ICCAL. Professor Oscar Vilhena Vieira, the director of the FGV São Paulo Law School (FGV Direito SP), presented the study "Ambitious Constitutional: Prominent Courts." Professor Paula Wojcikiewicz Almeida highlighted the role of International Courts in providing for the interests of the international community.
The second and third panels specifically addressed the relationship between International Economic Law and ICCAL. Professor Diane Desierto from the University of Hawaii examined the relationship between the potential of the International Covenant on Economic, Social, and Cultural Rights and International Economic Law. Following that, the following presentations were made: Franz Ebert (Max Planck Institute), who advocated for aligning the conduct of international financial institutions with Transformative Constitutionalism in Latin America, with a focus on the World Bank; Professor René Urueña (Universidad de los Andes), who connected ICCAL to Investment Arbitration; Professor Jose Manuel Zarate (Externado University of Colombia), who associated ICCAL with national and international spheres; and Professor Cristián Delpiano, who brought the particularity of Environmental Law into the discussion.
There were also contributions from Professor Christiana Ochoa (University of Indiana), who presented the role of Law in conflicts involving natural resources; Professor Fabio Morosini (Federal University of Rio Grande do Sul), who addressed corporate social responsibility in new Brazilian investment agreements; and scholar Pedro Villareal (Max Planck Institute), who used NAFTA as a parameter to discuss Constitutionalism and the protection of foreign investment in Mexico.