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Transplanting international courts : the law and politics of the Andean Tribunal of Justice / Karen J. Alter (Northwestern University and iCourts: Center of Excellence for International Courts, University of Copenhagen), Laurence R. Helfer (Duke University and iCourts: Center of Excellence for International Courts, University of Copenhagen).

By: Contributor(s): Material type: TextSeries: International courts and tribunals seriesPublication details: Oxford, United Kingdom : Oxford University Press, 2017.Edition: First editionDescription: xxiv, 308 pages : illustrations ; 24 cmISBN:
  • 9780199680788
  • 0199680787
Subject(s): DDC classification:
  • 347.2801 23
LOC classification:
  • KG736 .A49
Contents:
Lessons from the Andean Tribunal of Justice : thirty years as a legal transplant -- Transplanting the European Court of Justice to the Andes / with Osvaldo Sald�ias -- The Andean Tribunal of Justice and its interlocutors : understanding litigation patterns in the Andean community -- The divergent jurisprudential paths of the Andean Tribunal of Justice and the European Court of Justice -- Islands of effective international adjudication : constructing an intellectual property rule of law in the Andean community / with M. Florencia Guerzovich -- The judicialization of Andean politics : cigarettes, alcohol, and economic hard times -- The authority of the Andean Tribunal of Justice in a time of regional political crisis -- Nature or nurture? : judicial lawmaking in the European Court of Justice and the Andean Tribunal of Justice -- Jurist advocacy movements in Europe and the Andeas -- Reconsidering what makes international courts effective.
Summary: "[This book offers a] systematic investigation of the most active and successful transplant of the European Court of Justice. The Andean Tribunal is effective by any plausible definition of the term, but only in the domain of intellectual property law. [The authors] explain how the Andean Tribunal established its legal authority within and beyond this intellectual property island, and how Andean judges have navigated moments of both transnational political consensus and political contestation over the goals and objectives of regional economic integration. By letting member states set the pace and scope of Andean integration, by condemning unequivocal violations of Andean rules, and by allowing for the coexistence of national legislation and supranational authority, the Tribunal has retained its fidelity to Andean law while building relationships with nationally-based administrative agencies, lawyers, and judges. Yet the Tribunals circumspect and formalist approach means that, unlike in Europe, community law is not an engine of integration. The Tribunals strategy has also limited its influence within the Andean legal system ... [The authors] argue that the European Court of Justice benefitted in underappreciated ways from the support of transnational jurist advocacy movements that are absent or poorly organized in the Andes and elsewhere in the world. The Andean Tribunals longevity despite these and other challenges offers guidance for international courts in other developing country contexts. Moreover, given that the Andean Community has weathered member state withdrawals and threats of exit, major economic and political crises, and the retrenchment of core policies such as the common external tariff, the Andean experience offers timely and important lessons for European international courts."--
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Books African Court on Human and Peoples' Rights Library KG736 .A49 (Browse shelf(Opens below)) Available 10215840

Includes bibliographical references (pages 291-302) and index.

Lessons from the Andean Tribunal of Justice : thirty years as a legal transplant -- Transplanting the European Court of Justice to the Andes / with Osvaldo Sald�ias -- The Andean Tribunal of Justice and its interlocutors : understanding litigation patterns in the Andean community -- The divergent jurisprudential paths of the Andean Tribunal of Justice and the European Court of Justice -- Islands of effective international adjudication : constructing an intellectual property rule of law in the Andean community / with M. Florencia Guerzovich -- The judicialization of Andean politics : cigarettes, alcohol, and economic hard times -- The authority of the Andean Tribunal of Justice in a time of regional political crisis -- Nature or nurture? : judicial lawmaking in the European Court of Justice and the Andean Tribunal of Justice -- Jurist advocacy movements in Europe and the Andeas -- Reconsidering what makes international courts effective.

"[This book offers a] systematic investigation of the most active and successful transplant of the European Court of Justice. The Andean Tribunal is effective by any plausible definition of the term, but only in the domain of intellectual property law. [The authors] explain how the Andean Tribunal established its legal authority within and beyond this intellectual property island, and how Andean judges have navigated moments of both transnational political consensus and political contestation over the goals and objectives of regional economic integration. By letting member states set the pace and scope of Andean integration, by condemning unequivocal violations of Andean rules, and by allowing for the coexistence of national legislation and supranational authority, the Tribunal has retained its fidelity to Andean law while building relationships with nationally-based administrative agencies, lawyers, and judges. Yet the Tribunals circumspect and formalist approach means that, unlike in Europe, community law is not an engine of integration. The Tribunals strategy has also limited its influence within the Andean legal system ... [The authors] argue that the European Court of Justice benefitted in underappreciated ways from the support of transnational jurist advocacy movements that are absent or poorly organized in the Andes and elsewhere in the world. The Andean Tribunals longevity despite these and other challenges offers guidance for international courts in other developing country contexts. Moreover, given that the Andean Community has weathered member state withdrawals and threats of exit, major economic and political crises, and the retrenchment of core policies such as the common external tariff, the Andean experience offers timely and important lessons for European international courts."--

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