Jump to ContentJump to Main Navigation
Transplanting International CourtsThe Law and Politics of the Andean Tribunal of Justice$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 25 January 2020

The Andean Tribunal of Justice and its Interlocutors

The Andean Tribunal of Justice and its Interlocutors

Understanding Litigation Patterns in the Andean Community

(p.51) 3 The Andean Tribunal of Justice and its Interlocutors
Transplanting International Courts

Karen J. Alter

Laurence R. Helfer

Oxford University Press

This chapter presents data on national court interactions with the Andean Tribunal. It analyzes case referral patterns from each of the five member states and discusses cross-country variations. The chapter also explains the resistance of some national courts to referring cases and how that resistance was eventually overcome. In addition, this chapter highlights the fundamentally different nature of the Andean Tribunal of Justice's (ATJ's) relationships with national judges as compared to the analogous relationships in the European Community (EC). In Europe, the symbiosis between the European Union's Court of Justice (ECJ) and national courts helped to build integration through law. In the Andes, effective international adjudication is mostly an island confined to intellectual property (IP) disputes. Domestic administrative agencies that review IP applications are the ATJ's primary interlocutors and compliance partners; national judges have remained largely passive intermediaries.

Keywords:   litigation patterns, national court interactions, international adjudication, intellectual property, interlocutors, national judges

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .