Regional Integration Through Law and International Courts the Central American and Caribbean Cases Authors

iCourts Working Paper Series No. 87

39 Pages Posted: 16 Feb 2017 Last revised: 17 May 2017

See all articles by Salvatore Caserta

Salvatore Caserta

University of Copenhagen - iCourts - Centre of Excellence for International Courts

Date Written: February 16, 2017

Abstract

The article builds an innovative theoretical framework to unveil the preconditions allowing International Courts (ICs) to become engines of supranationality in different institutional and socio-political contexts. In so doing, the article nuances the theoretical approaches on supranationality and supranational adjudication. The article focuses on the Central American Court of Justice (CACJ) and the Caribbean Court of Justice (CCJ), and it compares them with the Court of Justice of the EU (CJEU). Both the CACJ and the CCJ have been branded as institutional copies of the Luxembourg Court; they have even borrowed key jurisprudential principles from the CJEU with the goal of expanding the outreach of Central American and Caribbean Community Laws. Yet, both Courts have thus far failed to foster supranationality in their respective systems. This is because the conditions allowing ICs to become engines of integration lie for the most part outside the direct control of the judges, most notably, in other institutional, political, and societal actors, such as national judges, regional organs, legal and political elites, as well as academics. The article, hence, suggests that ICs can become engines of supranationality only to the extent to which these are supported by a set of institutional, political, and societal pre-conditions allowing the concrete enforcement of the rulings of the IC at the regional and national levels.

Keywords: Regional Integration through Law, Supranationality, International Courts, Law in Context

Suggested Citation

Caserta, Salvatore, Regional Integration Through Law and International Courts the Central American and Caribbean Cases Authors (February 16, 2017). iCourts Working Paper Series No. 87. Available at SSRN: https://ssrn.com/abstract=2918829

Salvatore Caserta (Contact Author)

University of Copenhagen - iCourts - Centre of Excellence for International Courts ( email )

Studiestraede 6
Copenhagen, DK-1455
Denmark

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