Legal Integration in the Andes: Law-Making by the Andean Tribunal of Justice
Karen J. Alter
Northwestern University - Department of Political Science; University of Copenhagen, Faculty of Law - iCourts Center of Excellence
Laurence R. Helfer
Duke University - School of Law
February 8, 2011
European Law Journal, Vol. 17, No. 5, p.701, 2011
Northwestern Law & Econ Research Paper No. 11-06
Northwestern Public Law Research Paper No. 11-38
The Andean Tribunal of Justice (ATJ) is a copy of the European Court of Justice (ECJ), and the third most active international court. This article reviews our findings based on an original coding of all ATJ preliminary rulings from 1984 to 2007, and over forty interviews in the region. We then compare Andean and European jurisprudence in three key areas: whether the tribunals treat the founding integration treaties as constitutions for their respective communities, whether the ATJ and ECJ have implied powers for Community institutions that are not expressly enumerated in the founding treaties, and how the tribunals conceive of the relationship between Community law and other international agreements that are binding on the Member States.
Number of Pages in PDF File: 15
Keywords: Andean Community, European Community, International Courts and Tribunals, Judicial Lawmaking, regional integrationAccepted Paper Series
Date posted: February 10, 2011 ; Last revised: August 7, 2011
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