Legal Integration in the Andes: Law-Making by the Andean Tribunal of Justice

15 Pages Posted: 10 Feb 2011 Last revised: 1 Sep 2015

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; iCourts: Center of Excellence for International Courts

Date Written: February 8, 2011

Abstract

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.

Keywords: Andean Community, European Community, International Courts and Tribunals, Judicial Lawmaking, regional integration

Suggested Citation

Alter, Karen J. and Helfer, Laurence R., Legal Integration in the Andes: Law-Making by the Andean Tribunal of Justice (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. Available at SSRN: https://ssrn.com/abstract=1757772

Karen J. Alter

Northwestern University - Department of Political Science ( email )

601 University Place
Evanston, IL 60208
United States

University of Copenhagen, Faculty of Law - iCourts Center of Excellence ( email )

Studiestraede 6
Studiestrade 6
Copenhagen, DK-1455
Denmark

Laurence R. Helfer (Contact Author)

Duke University School of Law ( email )

210 Science Dr.
Box 90360
Durham, NC 27708
United States
+1-919-613-8573 (Phone)

HOME PAGE: http://law.duke.edu/fac/helfer/

iCourts: Center of Excellence for International Courts ( email )

Studiestraede 6
Copenhagen, DK-1455
Denmark

HOME PAGE: http://jura.ku.dk/icourts/news/laurence-r-helfer/

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