Chapter

The Authority of the Andean Tribunal of Justice in a Time of Regional Political Crisis

Karen J. Alter and Laurence R. Helfer

in Transplanting International Courts

Published in print March 2017 | ISBN: 9780199680788
Published online June 2017 | e-ISBN: 9780191760723 | DOI: https://dx.doi.org/10.1093/acprof:oso/9780199680788.003.0007

Series: International Courts and Tribunals Series

The Authority of the Andean Tribunal of Justice in a Time of Regional Political Crisis

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This chapter considers the geopolitical factors now threatening the Andean Community and explains how the Andean Tribunal of Justice (ATJ) has responded to this crisis. It also explains why the ATJ's intellectual property (IP) island continues to thrive even as threats to the larger integration project loom larger. It then returns to the Ecuador noncompliance dispute, introduced in Chapter 6, and considers how developments in the Andean integration process may affect the influence and power of the ATJ going forward. Divisions in the Andean Community, together with the pull of competing regional projects such as Mercosur and UNASUR — a merger of the Andean Community and Mercosur — have impeded the longstanding goal of creating an Andean common market and led to significantly reduced government support for the Andean integration project as a whole. This chapter thus attempts to understand what happened to the ATJ's authority during this crisis.

Keywords: geopolitical factors; Andean Community; ATJ; Andean integration project; Mercosur; UNASUR; Andean common market

Chapter.  12239 words. 

Subjects: Public International Law ; Comparative Law

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