The Law and Politics of the Andean Tribunal of Justice

Hardcover | April 16, 2017

byKaren J. Alter, Laurence R. Helfer

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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 firstruling 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 privateactors 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'sexperience 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 thekey 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.

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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 firstruling in 1987, the Andean Tribunal of Justic...

Karen J. Alter is Professor of Political Science and Law at Northwestern University, specializing in the international politics of international organizations and international law. Alter is author of The European Court's Political Power (Oxford University Press, 2009), Establishing the Supremacy of European Law (Oxford University Pre...

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Format:HardcoverDimensions:380 pages, 9.21 × 6.14 × 0.98 inPublished:April 16, 2017Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199680787

ISBN - 13:9780199680788

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Table of Contents

Part I: Supranational Legal Transplants1. What We Can Learn From the Andean Tribunal of Justice2. Transplanting the European Court of Justice: The Experience of the Andean Tribunal of JusticePart II: Law and Politics in the Andean Tribunal of Justice3. Legal Integration in the Andes: Law-Making by the Andean Tribunal of Justice4. The Andean Tribunal of Justice and its Interlocutors: Understanding Preliminary Reference Patterns in the Andean Community5. Islands of Effective International Adjudication: Constructing an Intellectual Property Rule of Law in the Andean Community6. Navigating Fraught Political Terrains: Four Case StudiesPart III: The European Court of Justice Reconsidered in Light of the Andean Experience7. Nature or Nurture? Judicial Lawmaking in the European Court of Justice and the Andean Tribunal of Justice8. Transnational Jurist Advocacy Networks: A Comparison Between the ECJ and the Andean Tribunal of Justice9. Reconsidering What Makes International Courts Effective