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Brazil in the Shadow of Mega-regional trade and investment standards: Beyond the grand debate, pragmatic responses

Item

Title

Brazil in the Shadow of Mega-regional trade and investment standards: Beyond the grand debate, pragmatic responses

Date

2018

Bibliographic Citation

David Trubek, Fabio Morosini, & Michelle R Sanchez-Badin, Brazil in the Shadow of Mega-regional trade and investment standards: Beyond the grand debate, pragmatic responses, 9 Brazil Journal of Public Policy 305 (2018), reprinted in Megaregulation Contested: Global Economic Ordering After TPP (Benedict Kingsbury et al. eds., Oxford University Press 2019).

Abstract

This article 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. This article combines analysis of primary and secondary documents with interviews with Brazilian government officials.

Keywords

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