The Limits of International Adjudication: Authority and Resistance of Regional Economic Courts in Times of Crisis

Forthcoming, International Journal of Law in Context 14(2) (2018)

iCourts Working Paper Series No. 122

34 Pages Posted: 19 Mar 2018

See all articles by Salvatore Caserta

Salvatore Caserta

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

Pola Cebulak

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

Date Written: March 14, 2018

Abstract

The article compares the involvement of four regional economic courts in legal disputes mirroring constitutional, political and social crises at national or regional level. These four judicial bodies of the European Union, the Andean Community, the East African Community and the Central American Integration System have all faced varied forms of resistance to their involvement and their general authority. By comparing these four case studies from across the globe, the article identifies institutional and contextual factors that explain the uneven resistance. While the regional economic courts in Central America and East Africa were subject to backlash from the member states, their counterparts in Europe and Latin America avoided backlash, but for the prize of retaining only a narrow authority.

Keywords: regional economic courts, rule of law, crises, resistance, authority of international courts

Suggested Citation

Caserta, Salvatore and Cebulak, Pola, The Limits of International Adjudication: Authority and Resistance of Regional Economic Courts in Times of Crisis (March 14, 2018). Forthcoming, International Journal of Law in Context 14(2) (2018) ; iCourts Working Paper Series No. 122. Available at SSRN: https://ssrn.com/abstract=3140436 or http://dx.doi.org/10.2139/ssrn.3140436

Salvatore Caserta

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

Studiestraede 6
Copenhagen, DK-1455
Denmark

Pola Cebulak (Contact Author)

University of Amsterdam ( email )

Spuistraat 210, room 125
Amsterdam, 1012VT
Netherlands

HOME PAGE: http://www.uva.nl/en/profile/c/e/p.p.cebulak/p.p.cebulak.html

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

Studiestraede 6
Studiestrade 6
Copenhagen, DK-1455
Denmark

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