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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 Andean Tribunal of Justice and its Interlocutors

The Andean Tribunal of Justice and its Interlocutors

Understanding Litigation Patterns in the Andean Community

Chapter:
(p.51) 3 The Andean Tribunal of Justice and its Interlocutors
Source:
Transplanting International Courts
Author(s):

Karen J. Alter

Laurence R. Helfer

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199680788.003.0003

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

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