Abstract
The Asuncion Treaty, signed on 26 March 1991 by Argentine, Brazil, Paraguay and Uruguay, gave birth to the Common Market of the South (Mercosur, as per its acronym in Spanish).
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Notes
- 1.
This document is available at http://www.mercosur.int/.
- 2.
This protocol, signed by the States Parties in December 1994, established the final institutional structure of Mercosur.
- 3.
Specialized meetings, as well as working groups, are organs that may be established by the CMG for the purposes of achieving its objectives, as provided for by sec. 14, subsec. V of Ouro Preto Protocol.
- 4.
Instituto Nacional de Asociativismo y Economía Social (National Institute of Cooperatives and Mutual Organizations and Social Economy) (INAES, as per its acronym in Spanish) of Argentina; Departamento Nacional de Cooperativas del Ministerio de Agricultura (National Department of Cooperatives of the Ministry of Agriculture) (DENACOOP, as per its acronym in Portuguese) of Brazil; Instituto Nacional de Cooperativismo (National Institute of Cooperativism) (INCOOP, as per its acronym in Spanish) of Paraguay and the Comisión Honoraria de Cooperativismo (Honorary Commission of Cooperativism) (CHC, as per its acronym in Spanish) of the Oficina de Planeamiento y Presupuesto (Office of Planning and Budget) of Uruguay which has been replaced by the Instituto Nacional de Cooperativismo (National Institute of Cooperativism) (INACOOP, as per its acronym in Spanish). Later, the Secretaría de Economía Social del Ministerio de Trabajo (Office of Social Economy of the Ministry of Labour) (SENAES, as per its acronym in Portuguese) of Brazil and the Auditoría Interna de la Nación (National Internal Auditing Office) (AIN, as per its acronym in Spanish) of Uruguay were incorporated.
- 5.
Confederación Cooperativa de la República Argentina (Cooperative Confederation of the Argentine Republic) (COOPERAR, as per its acronym in Spanish) and Confederación Intercooperativa Agropecuaria (Intercooperative Agricultural Confederation) (CONINAGRO, as per its acronym in Spanish) of Argentina; Organizacao das Cooperativas Brasileiras (Organization of Brazilian Co-operatives) (OCB, as per its acronym in Portuguese) of Brazil; Confederación Paraguaya de Cooperativas (Paraguayan Confederation of Cooperatives) (CONPACOOP, as per its acronym in Spanish) of Paraguay and Confederación Uruguaya de Entidades Cooperativas (Uruguayan Confederation of Cooperative Entities) (CUDECOOP, as per its acronym in Spanish) of Uruguay. Later, Central de Cooperativas y Emprendimientos Solidarios of Brazil (Union of Cooperatives and Solidarity Enterprises) (UNISOL as per its acronym in Portuguese) was incorporated.
- 6.
As a result, it was published: Cracogna (2003). The third edition of this book, published in 2009, also includes the legislation of the Associated States at the time: Bolivia, Chile, Peru and Venezuela. As a precedent, it should be mentioned the First Congress on MERCOSUR Cooperative Legislation held in Buenos Aires in 1994, the Digest of which was published under the name La legislación cooperativa en el MERCOSUR (Cooperative Legislation in MERCOSUR), (1994), Intercoop: Buenos Aires.
- 7.
See Cracogna (2004a), passim.
- 8.
See Callejo (1995), pp. 479ff.
- 9.
The Joint Parliamentary Commission, made up of members of the national parliaments of each State Party in equal numbers, had been created by the Ouro Preto Protocol. It was later replaced by the Mercosur Parliament.
- 10.
- 11.
Pursuant to the Montevideo Protocol of 2005, the composition of the Mercosur Parliament during the transition period (until the end of 2010) is similar to that of the former Joint Parliamentary Commission. The final composition is yet to be implemented.
- 12.
The text of the Statute may be consulted at http://www.mercosur.coop/?p=337.
- 13.
This provision is consistent with CIDIP II (as per its acronym in Spanish) (Inter-American Convention on General Rules of Private International Law) regarding business organizations signed in Montevideo in 1979, section 2 of which sets forth that “the existence, capacity, operation and dissolution of business organizations are governed by the law of their place of incorporation”, such “law of their place of incorporation” being the law of the State “where the procedural and substantive requirements necessary for the incorporation of such organizations are complied with.”
- 14.
The provisions of CIDIP II are also applicable in this case since they establish that “in order to directly or indirectly carry out the actions included in their purpose, business organizations shall be subject to the law of the State where such actions are carried out” (Sect. 5.4).
- 15.
Section 2, par. 1. 4 of the Statute of the SCE.
- 16.
CIDIP II has express provisions on the recognition of business organizations, which could be considered generically applicable to cooperatives.
- 17.
These circumstances explain the existence of a high percentage of decisions adopted by Mercosur organs, which have not been made part of the domestic legislation of the SPs.
- 18.
The formal incorporation of Venezuela as a SP will imply that this country shall also have to incorporate the Statute into its domestic legislation, notwithstanding the fact that it was not a member of the Mercosur Parliament at the time the Statute was approved.
References
Callejo AV (1995) Alternativas para la integración de las cooperativas en el ámbito del MERCOSUR. (El Estatuto de las Empresas Binacionales Argentino-Brasileñas) [Alternatives for the Integration of Cooperatives in the Sphere of MERCOSUR. (Statute of Argentine-Brazilian Binational Organizations)]. Revista de Derecho Privado y Comunitario 8:479ff (Rubinzal-Culzoni: Buenos Aires)
Cracogna D (ed) (2003) Régimen legal de las cooperativas en los países del MERCOSUR (Legal Regime of Cooperatives in MERCOSUR countries). Intercoop, Buenos Aires
Cracogna D (ed) (2004a) Régimen tributario de las cooperativas en los países del MERCOSUR (Tax regime of Cooperatives in MERCOSUR Countries). Intercoop, Buenos Aires
Cracogna D (2004b) Una novedad comunitaria: la Sociedad Cooperativa Europea (A communitarian novelty: the European Cooperative Society). Rev Derecho Comercial y de las Obligaciones 208:983ff (Buenos Aires)
Fici A (2013) The European Cooperative Society Regulation. In: Cracogna D, Fici A, Henrÿ H (eds) International Handbook of Cooperative Law. Springer, Heidelberg (this volume). doi:10.1007/978-3-642-30129-2
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Cracogna, D. (2013). The Statute of Mercosur Cooperatives. In: Cracogna, D., Fici, A., Henrÿ, H. (eds) International Handbook of Cooperative Law. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-30129-2_5
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