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The solution of controversies in the MERCOSUR has been characterized by its constant evolution. Resides, the last treaty that regulates it leaves open the possibility of new reforms. Almost since the beginning it was contemplated the possibility to resort to obligatory arbitration among the member States as final form to solve the controversies. It was also not neglected the possibilities for individuals to demand (complain), although in a very limited form against other member States. Nevertheless, for a long time an informal mechanism of solution of the differences was utilized. Since the first arbitration court was called, a jurisprudence has been developing that especially has clarified in different aspects the obligations assumed by the member States once incorporated to MERCOSUR.Another prominent aspect is the national courts' interpretation and application of the norms of the MERCOSUR. It is a very relevant characteristic used to determine the utility for the private economic actors of the norms of the MERCOSUR. The recently established permanent court will be linked with the said characteristic through the competence to emit consultative opinions, although of very timid way in comparison to the European experience.

La evolución de la solución de controversias en el MERCOSUR y la aplicación uniforme de sus normas