Full Description
Transplanting International Courts provides a deep, systematic investigation of the most active and successful transplant of the European Court of Justice. The Andean Tribunal is effective by any plausible definition of the term, but only in the domain of intellectual property law. Alter and Helfer explain how the Andean Tribunal established its legal authority within and beyond this intellectual property island, and how Andean judges have navigated moments of both transnational political consensus and political contestation over the goals and objectives of regional economic integration. By letting member states set the pace and scope of Andean integration, by condemning unequivocal violations of Andean rules, and by allowing for the coexistence of national legislation and supranational authority, the Tribunal has retained its fidelity to Andean law while building relationships with nationally-based administrative agencies, lawyers, and judges. Yet the Tribunal's circumspect and formalist approach means that, unlike in Europe, Community law is not an engine of integration. The Tribunal's strategy has also limited its influence within the Andean legal system.
Transplanting International Courts also revists the authors' path-breaking scholarship on the effectiveness of international adjudication. Alter and Helfer argue that the European Court of Justice benefitted in underappreciated ways from the support of jurist advocacy movements that are absent or poorly organized in the Andes and elsewhere in the world. The Andean Tribunal's longevity despite these and other challenges offers guidance for international courts in other developing country contexts. Moreover, given that the Andean Community has weathered member state withdrawals and threats of exit, major economic and political crises, and the retrenchment of core policies such as the common external tariff, the Andean experience offers timely and important lessons for Europe's international courts.
Contents
Part I: Supranational Legal Transplants
1: Lessons from the Andean Tribunal of Justice: Thirty Years as a Legal Transplant
2: Transplanting the European Court of Justice to the Andes
Part II: Law and Politics in the Andean Tribunal of Justice
3: The Andean Tribunal of Justice and its Interlocutors: Understanding Litigation Patterns in the Andean Community
4: The Divergent Jurisprudential Paths of the Andean Tribunal of Justice and the European Court of Justice
5: Islands of Effective International Adjudication: Constructing an Intellectual Property Rule of Law in the Andean Community
6: The Judicialization of Andean Politics: Cigarettes, Alcohol, and Economic Hard Times
7: The Authority of the Andean Tribunal of Justice in a Time of Regional Political Crisis
Part III: Reconsidering International Adjudication in Europe in Light of the Andean Experience
8: Nature or Nurture? Judicial Lawmaking in the European Court of Justice and the Andean Tribunal of Justice
9: Jurist Advocacy Movements in Europe and the Andes
10: Reconsidering What Makes International Courts Effective
