Brazil in the Shadow of Mega-Regional Trade and Investment Standards: Beyond the Grand Debate, Pragmatic Responses

28 Pages Posted: 27 Feb 2017 Last revised: 6 Jun 2017

See all articles by David M. Trubek

David M. Trubek

University of Wisconsin Law School

Fabio C. Morosini

Federal University of Rio Grande do Sul School of Law

Michelle Ratton Sanchez Badin

São Paulo Law School of Fundação Getulio Vargas FGV DIREITO SP

Date Written: February 25, 2017

Abstract

This paper addresses the impact of TPP-like policies on third countries, looking at the case of Brazil, one of the most important emerging economies. We argue that TPP-like agreements are a way to bypass resistance to neoliberal ordering in the WTO through the institution of alternative fora. We investigate whether this type of agreement -- or bilateral agreements with TPP-type standards -- could represent a threat to Brazil's state-led development mode and conclude they could significantly affect industrial policy, the role of state-owned enterprises, and foreign investment regulation while possibly also constraining Brazil's policy space in areas such as intellectual property and the digital economy. We review a series of pragmatic moves by Brazil as it seeks to carve out a new role in global economic space in a period of rapid change. This evolving approach, we contend, could allow Brazil to engage in the 21st century economy while preserving the core of its state-led development model.

Keywords: Law and Economics International Law and Trade Law, Institutions, Development

JEL Classification: K33

Suggested Citation

Trubek, David M. and Morosini, Fabio C. and Sanchez Badin, Michelle Ratton, Brazil in the Shadow of Mega-Regional Trade and Investment Standards: Beyond the Grand Debate, Pragmatic Responses (February 25, 2017). FGV Direito SP Research Paper Series No/. 149; Univ. of Wisconsin Legal Studies Research Paper No. 1401. Available at SSRN: https://ssrn.com/abstract=2923821 or http://dx.doi.org/10.2139/ssrn.2923821

David M. Trubek (Contact Author)

University of Wisconsin Law School ( email )

975 Bascom Mall
Madison, WI 53706
United States

Fabio C. Morosini

Federal University of Rio Grande do Sul School of Law ( email )

Av. João Pessoa, 80
1 Pavimento
Porto Alegre, 90040000
Brazil

HOME PAGE: http://www.ufrgs.br

Michelle Ratton Sanchez Badin

São Paulo Law School of Fundação Getulio Vargas FGV DIREITO SP ( email )

R. Rocha, 233, Bela Vista
São Paulo, 01330-000
Brazil

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