Download or read book The Proposed Andean Court of Justice written by William F. Atkin and published by . This book was released on 1979 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 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 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 Legal Reasoning of the Andean Court of Justice in Comparative Context written by Gerard Conway and published by . This book was released on 2016 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Andean Cosmopolitans written by José Carlos de la Puente Luna and published by University of Texas Press. This book was released on 2018-01-17 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the Spanish victories over the Inca claimed Tawantinsuyu for Charles V in the 1530s, native Andeans undertook a series of perilous trips from Peru to the royal court in Spain. Ranging from an indigenous commoner entrusted with delivering birds of prey for courtly entertainment to an Inca prince who spent his days amid titles, pensions, and other royal favors, these sojourners were both exceptional and paradigmatic. Together, they shared a conviction that the sovereign's absolute authority would guarantee that justice would be done and service would receive its due reward. As they negotiated their claims with imperial officials, Amerindian peoples helped forge the connections that sustained the expanding Habsburg realm's imaginary and gave the modern global age its defining character. Andean Cosmopolitans recovers these travelers' dramatic experiences, while simultaneously highlighting their profound influences on the making and remaking of the colonial world. While Spain's American possessions became Spanish in many ways, the Andean travelers (in their cosmopolitan lives and journeys) also helped to shape Spain in the image and likeness of Peru. De la Puente brings remarkable insights to a narrative showing how previously unknown peoples and ideas created new power structures and institutions, as well as novel ways of being urban, Indian, elite, and subject. As indigenous people articulated and defended their own views regarding the legal and political character of the "Republic of the Indians," they became state-builders of a special kind, cocreating the colonial order.
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 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 Networks Courts and Regional Integration written by and published by . This book was released on 2010 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The New Terrain of International Law written by Karen J. Alter and published by Princeton University Press. This book was released on 2014-01-24 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: A compelling new look at the role of today's international courts In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The New Terrain of International Law presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. Alter explains how this limited power--the power to speak the law--translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.
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 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
Download or read book Intellectual Property Law in Colombia written by Daniel Peña and published by Kluwer Law International B.V.. This book was released on 2018-11-07 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning Intellectual Property Law in Colombia. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights. The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in Intellectual Property Law in Colombia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.
Download or read book The Oxford Handbook of International Adjudication written by Cesare PR Romano and published by OUP Oxford. This book was released on 2014-01-16 with total page 1072 pages. Available in PDF, EPUB and Kindle. Book excerpt: The post-Cold War proliferation of international adjudicatory bodies and increase in litigation has greatly affected international law and politics. A growing number of international courts and tribunals, exercising jurisdiction over international crimes and sundry international disputes, have become, in some respects, the lynchpin of the international legal system. The Oxford Handbook of International Adjudication charts the transformations in international adjudication that took place astride the twentieth and twenty-first century, bringing together the insight of 47 prominent legal, philosophical, ethical, political, and social science scholars. Overall, the 40 contributions in this Handbook provide an original and comprehensive understanding of the various contemporary forms of international adjudication. The Handbook is divided into six parts. Part I provides an overview of the origins and evolution of international adjudicatory bodies, from the nineteenth century to the present, highlighting the dynamics driving the multiplication of international adjudicative bodies and their uneven expansion. Part II analyses the main families of international adjudicative bodies, providing a detailed study of state-to-state, criminal, human rights, regional economic, and administrative courts and tribunals, as well as arbitral tribunals and international compensation bodies. Part III lays out the theoretical approaches to international adjudication, including those of law, political science, sociology, and philosophy. Part IV examines some contemporary issues in international adjudication, including the behavior, role, and effectiveness of international judges and the political constraints that restrict their function, as well as the making of international law by international courts and tribunals, the relationship between international and domestic adjudicators, the election and selection of judges, the development of judicial ethical standards, and the financing of international courts. Part V examines key actors in international adjudication, including international judges, legal counsel, international prosecutors, and registrars. Finally, Part VI overviews select legal and procedural issues facing international adjudication, such as evidence, fact-finding and experts, jurisdiction and admissibility, the role of third parties, inherent powers, and remedies. The Handbook is an invaluable and thought-provoking resource for scholars and students of international law and political science, as well as for legal practitioners at international courts and tribunals.
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 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Continuing globalization has meant the increased development and importance of regional and international trade organizations and trade agreements. This Dictionary provides a background to the historical development of such systems, as well as giving a global overview of the current situation. The introduction, as well as explaining the historical background, discusses the major political and economic ideas and controversies, and analyses the current dynamic between international and regional trade organizations. Impartial analysis and up-to-date information is given in a concise way, detailing: major international, regional and bilateral trade agreements and organizations other national and international organizations involved in trade core concepts/theories in relation to international economics/development and international co-operation major trade negotiations and disputes other topics of importance, such as globalization. Entries are listed alphabetically, and fully cross-referenced for ease of use. Entries include: Africa Trade Network, Bretton Woods, China-ASEAN Free Trade Area, Dumping, Globalization, Mercosur, Pan-Arab Free Trade Area, Treaty of Nice, World Bank, WTO Secretariat and WWF
Download or read book Beyond Borders The New Regionalism in Latin America written by Inter-American Development Bank and published by IDB. This book was released on 2002-10-10 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although regional integration initiatives have a long history in the world economy, these efforts have expanded significantly since the 1990s. In Latin America and the Caribbean, a wave of regional integration initiatives has included free trade areas, customs unions, and steps towards common markets. The emergence of this "new regionalism"of trade in which global and regional forces complement one another has been driven by such factors as the opening up of economies and structural reforms. This year's edition of Economic and Social Progress in Latin America explores the dimensions of integration, macroeconomic coordination, and the effects of regional integration on productivity, market access, foreign direct investment, infrastructure and income inequality. Topics include subregional integration schemes, the multilateral trade agenda launched in Doha, initiatives such as the Free Trade Area of the Americas, and interregional agreements with the European Union.
