La cooperación cautelar internacional en el Mercosur

Abstract

When a preventive measure is decreed in a State and it must be fulfilled in another, various problems in private international law are outlined, especially: 1) The identification of the applicable normative source, for which it is indispensable to analyse the framework of normative sources that coexist in the region and determine their respective areas of application. 2) The determination of the legislative and judicial competence. Which is the applicable law concerning the origin or admissibility of preventive measure and who is the internationally competent judge to decree such a measure? Which is the applicable law for the execution of the preventive measure, as well as for the counter-prevention or guarantee, and who is the competent judge in this regard? Should the exhorted judge,control the competence in the exhorting international field? And pursuant to what law? How and in what cases does the principle of the nearest jurisdiction apply? Which are the specific characteristics that outline the prevention measures that apply to ships? This paper intends to analyse and provide answers to these questions.