Latin America: Transplanting International Courts

 

coverartThe Andean Tribunal, with over 2500 rulings to date, is the third most active international court and the most successful copy of the ECJ. We study how the ATJ succeeded and survives within a turbulent regional integration system.  The ATJ has survived member state withdrawals and threats of exit, major economic and political crises, and the retrenchment of core policies such as the common external tariff. The ATJ’s experience therefore has a lot to each Europe’s international courts, and it provides a model of how international courts can survive declines in support for the rule of law.

Laurence Helfer and I have published a number of articles investigating different aspects of the Andean Tribunal, conducting the most thorough and theoretically informed investigation of how supranational legal transplants take root and perform. We updated this research through 2015 in our new book  Transplanting International Courts: Law and Politics of the Andean Tribunal of Justice.  Oxford University Press 2017.

Transplanting International Court’s introduction can be download here.

Opinio Juris hosted blog discussion of Transplanting International Courts in March 2018.  You can find the introduction to the discussion, and then, link to the contributions, here.

Select articles

Legitimacy and Lawmaking: A Tale of Three International Courts, Theoretical Inquiries in Law, Vol. 14 (2013) With Laurence Helfer. Download.

Islands of Effective International Adjudication: Constructing an Intellectual Property Rule of Law in the Andean Community. With Laurence Helfer and Maria Florencia Guerzovitch American Journal of International Law, 103 (1) 2009. Download.

Jurist Advocacy Networks Europe: The Role of Euro-law Associations in Promoting Supra-National Integration (1953-1975)  in The European Court’s Political Power (2009). Download. A revised version–published in Transplanting International Courts– is available here.

“Nature or Nurture: Lawmaking in the European Court of Justice and the Andean Tribunal of Justice” With Laurence Helfer. International Organization 64 (4) 2010: 563-92. Download.

“Transplanting the European Court of Justice: Findings from the Experience of the Andean Tribunal of Justice” With Laurence Helfer, and Osvaldo Saldias. American Journal of Comparative Law 60 (6): 709-744. 2012.  Download.

“Legal Integration in the Andes: Lawmaking by the Andean Tribunal of Justice” 17 European Law Journal 5. With Laurence Helfer. Download.

The Influence of the Andean Intellectual Property Regime on Access to Medicines in Latin America. With Laurence Helfer. In Balancing Wealth and Health: Global Administrative Law and the Battle over Intellectual Property and Access to Medicines in Latin America, 247-262 (Rochelle Dreyfuss & César Rodríguez-Garavito eds., 2014). Download.