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Transplanting International Courts: The Law and Politics of the Andean Tribunal of Justice


ISBN13: 9780198838807
Published: January 2019
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback (Hardback in 2017)
Price: £30.99
Hardback edition , ISBN13 9780199680788



Despatched in 4 to 6 days.

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.

Subjects:
Other Jurisdictions , Latin America
Contents:
PART I: SUPRANATIONAL LEGAL TRANSPLANTS
1. What We Can Learn From the Andean Tribunal of Justice
2. Transplanting the European Court of Justice: The Experience of the Andean Tribunal of Justice

PART II: LAW AND POLITICS IN THE ANDEAN TRIBUNAL OF JUSTICE
3. Legal Integration in the Andes: Law-Making by the Andean Tribunal of Justice
4. The Andean Tribunal of Justice and its Interlocutors: Understanding Preliminary Reference Patterns in the Andean Community
5. Islands of Effective International Adjudication: Constructing an Intellectual Property Rule of Law in the Andean Community
6. Navigating Fraught Political Terrains: Four Case Studies

PART III: THE EUROPEAN COURT OF JUSTICE RECONSIDERED IN LIGHT OF THE ANDEAN EXPERIENCE
7. Nature or Nurture? Judicial Lawmaking in the European Court of Justice and the Andean Tribunal of Justice
8. Transnational Jurist Advocacy Networks: A Comparison Between the ECJ and the Andean Tribunal of Justice
9. Reconsidering What Makes International Courts Effective

Series: International Courts and Tribunals

Applicable Law Before International Courts and Tribunals ISBN 9780199212682
To be published August 2042
Oxford University Press
£70.00
Identity and Diversity on the International Bench: Who is the Judge?
Edited by: Freya Baetens
ISBN 9780198870753
Published December 2020
Oxford University Press
£117.50
International Courts in Latin America and the Caribbean: Foundations and Authority ISBN 9780198867999
Published October 2020
Oxford University Press
£99.00
International Court Authority ISBN 9780198795599
Published July 2018
Oxford University Press
£39.49
International Court Authority ISBN 9780198795582
Published July 2018
Oxford University Press
£112.50
Assessing the Effectiveness of International Courts ISBN 9780198794318
Published August 2016
Oxford University Press
£40.49
In Whose Name?: A Public Law Theory of International Adjudication ISBN 9780198784418
Published March 2016
Oxford University Press
£51.00
International Judicial Integration and Fragmentation ISBN 9780198743729
Published February 2016
Oxford University Press
£40.49
The European Court of Justice and International Courts (eBook) ISBN 9780191652929
Published October 2015
Oxford University Press
£95.83
(ePub)
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The European Court of Justice and International Courts ISBN 9780199660476
Published October 2015
Oxford University Press
£137.50
£42.50
(ePub)
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In Whose Name?: A Public Law Theory of International Adjudication ISBN 9780198717461
Published July 2014
Oxford University Press
£145.00
Assessing the Effectiveness of International Courts (eBook) ISBN 9780191640223
Published January 2014
Oxford University Press
£33.74
(ePub)
Buy
Assessing the Effectiveness of International Courts ISBN 9780199643295
Published January 2014
Oxford University Press
£145.00
Professional Ethics at the International Bar ISBN 9780199679461
Published September 2013
Oxford University Press
£145.00
Professional Ethics at the International Bar (eBook) ISBN 9780191668838
Published September 2013
Oxford University Press
£100.00
(ePub)
Buy
International Judicial Integration and Fragmentation ISBN 9780199671151
Published May 2013
Oxford University Press
£96.00
International Judicial Integration and Fragmentation (eBook) ISBN 9780191650840
Published May 2013
Oxford University Press
£30.41
(ePub)
Buy
Reception of International Law in the European Court of Human Rights ISBN 9780199592678
Published August 2010
Oxford University Press
£122.50
£140.00
Regulating Jurisdictional Relations Between National and International Courts ISBN 9780199563852
Published February 2009
Oxford University Press
£69.00
A Common Law of International Adjudication ISBN 9780199563906
Published February 2009
Oxford University Press
£69.00
Complementarity in the Rome Statute and National Criminal Jurisdictions ISBN 9780199238453
Published December 2008
Oxford University Press
£127.50
A Common Law of International Adjudication ISBN 9780199206506
Published August 2007
Oxford University Press
Price on Application
Regulating Jurisdictional Relations Between National and International Courts ISBN 9780199211791
Published August 2007
Oxford University Press
£110.00
The Competing Jurisdictions of International Courts and Tribunals
Yuval ShanyLecturer, Academic Studies Division, College of Management, Israel
ISBN 9780199258574
Published June 2005
Oxford University Press
£82.00
Compliance with Decisions of the International Court of Justice ISBN 9780199276721
Published November 2004
Oxford University Press
£207.50
Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo and Cambodia ISBN 9780199276745
Published October 2004
Oxford University Press
£78.00
Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo and Cambodia ISBN 9780199276738
Published October 2004
Oxford University Press
Out of print
The Competing Jurisdictions of International Courts and Tribunals New ed ISBN 9780199274284
Published September 2004
Oxford University Press
£54.00