Download This PaperLegal Integration in the Andes: Law-Making by the Andean Tribunal of Justice
European Law Journal, Vol. 17, No. 5, p.701, 2011
15 Pages Posted: 10 Feb 2011 Last revised: 1 Sep 2015
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
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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 )
Karen Blixens Plads 16
Copenhagen, DK-2300
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/
University of Copenhagen - iCourts - Centre of Excellence for International Courts ( email )
University of Copenhagen Faculty of Law
Karen Blixens Plads 16
Copenhagen S, DK-2300
Denmark
HOME PAGE: http://jura.ku.dk/icourts/