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Transplanting International CourtsThe Law and Politics of the Andean Tribunal of Justice$
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Karen J. Alter and Laurence R. Helfer

Print publication date: 2017

Print ISBN-13: 9780199680788

Published to Oxford Scholarship Online: June 2017

DOI: 10.1093/acprof:oso/9780199680788.001.0001

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The Authority of the Andean Tribunal of Justice in a Time of Regional Political Crisis

The Authority of the Andean Tribunal of Justice in a Time of Regional Political Crisis

Chapter:
(p.172) 7 The Authority of the Andean Tribunal of Justice in a Time of Regional Political Crisis
Source:
Transplanting International Courts
Author(s):

Karen J. Alter

Laurence R. Helfer

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199680788.003.0007

This chapter considers the geopolitical factors now threatening the Andean Community and explains how the Andean Tribunal of Justice (ATJ) has responded to this crisis. It also explains why the ATJ's intellectual property (IP) island continues to thrive even as threats to the larger integration project loom larger. It then returns to the Ecuador noncompliance dispute, introduced in Chapter 6, and considers how developments in the Andean integration process may affect the influence and power of the ATJ going forward. Divisions in the Andean Community, together with the pull of competing regional projects such as Mercosur and UNASUR — a merger of the Andean Community and Mercosur — have impeded the longstanding goal of creating an Andean common market and led to significantly reduced government support for the Andean integration project as a whole. This chapter thus attempts to understand what happened to the ATJ's authority during this crisis.

Keywords:   geopolitical factors, Andean Community, ATJ, Andean integration project, Mercosur, UNASUR, Andean common market

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