Download or read book Transplanting International Courts written by Karen J. Alter and published by Oxford University Press. This book was released on 2017 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Andean Pact was founded in 1969 to build a common market in South America. Andean leaders copied the institutional and treaty design of the European Community, and in the 1970s, member states decided to add a tribunal, again turning to the European Community as its model. Since its first ruling in 1987, the Andean Tribunal of Justice has exercised authority over the countries which are members of the Andean Community: Bolivia, Colombia, Ecuador, and Peru (formerly also Venezuela). It is now the third most active international court in the world, used by governments and private actors to protect their rights and interests in the region. This book investigates how a region with weak legal institutions developed an effective international rule of law, why the Tribunal was able to induce widespread respect for Andean intellectual property rules but not other areas governed by regional integration rules, and what the Tribunal's experience means for comparable international courts. It also assesses the Andean experience in order to reconsider the European Community system, exploring why the law and politics of integration in Europe and the Andes followed different trajectories. It finally provides a detailed analysis of the key factors associated with effective supranational adjudication. This book collects together previously published material by two leading interdisciplinary scholars of international law and politics, and is enhanced by three original chapters further reflecting on the Andean legal order.
Download or read book The Court of Justice of the Andean Community written by Esther Anaya Vera and published by . This book was released on 2017 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines the current role of the Court of Justice of the Andean Community (CJAC), in the settlement of investment disputes between foreign investors and host states. It also embarks on a prospective analysis of the role that CJAC could have on the resolution of such conflicts, in the context that some countries of the Andean region have terminated investment treaties and denounced the main forum for the settlement of investment disputes - ICSID - and that are studying the creation of a regional alternative to the solution of these disputes in the context of UNASUR.
Download or read book The Judicial Politics of Economic Integration written by Osvaldo Saldias and published by Routledge. This book was released on 2013-08-22 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Judicial Politics of Economic Integration analyses development strategies and regional integration in the Andean Community (the former Andean Pact), focusing on the establishment of the Andean Court of Justice and its case law, as well as the intellectual underpinnings that made such an impressive reform possible. The court is a transplant taken from the European integration process, and it materializes the visions, expectations, and dreams of the transnational development movement of "integration through law". The book discusses the outcomes of the Court in light of the debates about judicial reform in the process of development and regional integration. Although clearly confirming several earlier claims that "one size does not fit all", Osvaldo Saldias provides new insights into how legal transplants adapt and evolve, and how we can learn much more about legal reform from a project that presumably failed than from successful copies. The Andean Court of Justice is a remarkable example of an institution capable of adapting to political and economic challenges; therefore, in times of a severe European economic crisis we should not forget that we might improve our understanding of European integration by looking at developments in other regions. An interesting new study with an international focus, this book will be a fascinating read for students and scholars of Law and Latin American Studies.
Download or read book The Court of Justice of the Andean Group written by Yolanda Rangel and published by . This book was released on 1980 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Andean Tribunal of Justice and its Interlocutors written by Laurence R. Helfer and published by . This book was released on 2015 with total page 61 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the European Union, national courts have been key intermediaries in helping to bolster and expand the authority of the European Court of Justice through its preliminary reference mechanism. This article analyzes the role of national judges in the Andean Community, a regional legal system whose judicial institution - the Andean Tribunal of Justice (ATJ) - was modeled directly on its European predecessor. Our analysis is based on an original coding of every publically available national court referral to the ATJ from 1987 to 2007 and interviews with over forty participants in the Andean legal system. We find that the relationship between the ATJ and national judges differs significantly from the relationship between the ECJ and its domestic judicial colleagues. As in Europe, references from national judges account for the vast majority of cases on the ATJ's docket. But unlike in Europe, national courts are mostly passive intermediaries. Our coding reveals that national judges do not pose provocative questions to the ATJ, and that there is significant cross-national variation in referral patterns. Interviews corroborate what the data suggests: national judges have a circumscribed understanding of what Andean law requires of them. More than 90% of references involve technical issues of Andean intellectual property (IP) law and the registration decisions of domestic IP administrative agencies. National judges have embraced the ATJ's active role in IP disputes because of the support of these agencies, which seek the Tribunal's guidance to interpret vague areas of Andean law. Outside the area of IP, national judges are far more reluctant, contributing to the limited penetration of Andean law into national legal orders. We conclude by comparing the role of national judges in Europe to their role in the Andean context, extracting broader insights about the role of national judges in building international rules of law.
Download or read book Free Movement of Goods in the Andean Community written by Yovana Reyes Tagle and published by . This book was released on 2015 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: The case law of the Andean Court of Justice (ACJ) and rthe Resolutions of the General Secretariat regarding restrictions on imports, suggest that these institutions have tried to ensure the fulfillment of state obligations in favor of the principle of free movement of goods as an essential and important avenue to attain the common market in the Andean Community. Since the early 1990s, through the jurisprudence on the free movement of goods, the ACJ has adopted a broad interpretation of the provisions of the Cartagena Agreement. The need to interpret the Cartagena Agreement based on the need to establish a common market triggers the application of a broad definition of restriction on trade, such as the European Court of Justice (ECJ) Dassonville doctrine. The Dassonville formula helped not only to understand the meaning of “restrictions of all kinds” provided for in Article 73 of the Cartagena Agreement but also to delimit the competence of community institutions as regards the assessment of restrictive national measures.The Treaty on the Functioning of the European Union (TFEU) and the ECJ case law are a source of inspiration for the General Secretariat and the ACJ when determining the existence of a restriction on trade. Both community institutions cite the ECJ case law, Article 34 TFEU, and the European doctrine. Some aspects of the ACJ case law need to be further clarified. In light of the ACJ case law, Article 34 TFEU has acquired the status of supplementary source of law in the Andean Community. Nevertheless, the ACJ needs to develop or explain the implications of this position adopted in the 1990s. As yet, the ACJ has not done this work. A special challenge for the ACJ follows from the fact that the Cartagena Agreement has adopted a different approach to restrictions on trade to that found in the text of the TFEU and it does not contain a clause for MEQRs. Additionally, the Cartagena Agreement clearly takes a position concerning the concept of restrictions of all kinds.
Download or read book Regional Integration and Courts of Justice written by Katrin Nyman-Metcalf (jurist.) and published by Intersentia nv. This book was released on 2005 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: The success of European integration and the political stability and economic prosperity it offers to its members has found followers elsewhere. Several countries in different parts of world have been inclined to embark on projects of regional integration. Though the majority of them are limited to economic integration objectives, some, in particular, regional groups in Latin America, profess to attain ambitious political goals and are constructed emulating the EU institutional structure. In some cases, this structure includes a regional court of justice, entrusted with telling community law and solving differences between Member States. The aim of this book is to study the importance of such courts of justice as institutional actors for the development of regional integration. In such a project, the study of the EU and the European Court of Justice immediately presents itself as most relevant and important. However, the book expands the study beyond an examination of the EU to encompass a comparative approach with other regional courts of justice, in particular the Central American Court of Justice and, subsidiarily, the Andean Court of Justice. Such a comparison allows both to assess the important differences between the courts as well as between the integration processes and to draw certain common features at present and for the future institutional evolution of other regional integration blocs. Katrin Nyman-Metcalf has a PhD in Law from Uppsala University in Sweden, specialised in Public International and EU law. She is Associate Professor at Riga Graduate School of Law, Latvia, and Concordia University, Estonia, as well as visiting professor at several other European universities. Apart from the academic work, she works as a legal consultant mainly in East and Central Europe with legislation, institution buildýng and EU accession preparation. Ioannis Papageorgiou has studied Law in Athens, Comparative Politics in Paris and holds a PhD in Development Cooperation, with specialization in Latin America, from the Université Libre de Bruxelles (ULB). He is an attorney-at-law in Athens, a consultant on migration and refugee matters and, since 2002, he teaches international migration in the School of Sociology of the University of the Aegean. He also taught EU Politics and Constitution in the Aristotle University of Thessaloniki.
Download or read book The Andean Legal Order written by F. V. García Amador and published by . This book was released on 1978 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Andean Report number 1 written by and published by BID-INTAL. This book was released on with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Studienordnung f r die Studienrichtung Verfahrenstechnik written by and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Study of Selected International Dispute Resolution Regimes Analysis of the Decisions of the Court of Justice of the Andean Community written by Maria Alejandra Rodriguez-Lemmo and published by . This book was released on 2002 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Regional and Multilateral Agreements written by Yovana Reyes Tagle and published by . This book was released on 2015 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Andean Court of Justice (hereinafter the ACJ) has shown its interest in respecting the international obligations incumbent on Member States as parties to other treaties by considering these as sources of law in the Andean Community. The ACJ has also shown a certain openness to international agreements signed by Member States by asserting the need for consistent interpretation of Andean law in the light of these agreements. Nevertheless, ACJ concern for the unrestrictive application of Andean law by Member States is echoed in its case law. Such concern is justified as although the Andean Community is not a WTO member, the question of the applicability of WTO law in the Andean legal order has been raised by Member States, private parties and Andean institutions themselves. This paper deals with the manner in which the ACJ responded to the question. The paper finds that Andean institutions may use WTO law in the Andean Community so long as the application of Andean law is not jeopardized.
Download or read book The Rules Practice and Jurisprudence of International Courts and Tribunals written by Chiara Giorgetti and published by Martinus Nijhoff Publishers. This book was released on 2012-02-17 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines existing international disputes resolution institutions of both general and specific subject-matter jurisdiction. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.
Download or read book Andean Group written by and published by . This book was released on 1983 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Dictionary of International Trade Organizations and Agreements written by Patrick Holden and published by Routledge. This book was released on 2011-05-28 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new title examines international trade organizations and the agreements that govern them.
Download or read book The Legitimacy of International Trade Courts and Tribunals written by Robert Howse and published by Studies on International Courts and Tribunals. This book was released on 2018-04-12 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2.2 Procedural Rules and Issues
