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Karen J. Alter, Laurence R. Helfer, and Mikael Rask Madsen

Print publication date: 2018

Print ISBN-13: 9780198795582

Published to Oxford Scholarship Online: September 2018

DOI: 10.1093/oso/9780198795582.001.0001

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The Andean Tribunal of Justice

The Andean Tribunal of Justice

From Washington Consensus to Regional Crisis

Chapter:
(p.173) 8 The Andean Tribunal of Justice
Source:
International Court Authority
Author(s):

Karen J. Alter

Laurence R. Helfer

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198795582.003.0008

This chapter discusses the Andean Tribunal Justice (the ATJ or Tribunal) and considers how the ATJ has fared during a period of regional political crisis and declining governmental support for Andean Community institutions. The “island” of narrow, intermediate, and extensive authority for intellectual property disputes that developed prior to the mid-2000s is resilient and even thriving, even as the ATJ’s de jure authority has contracted and its de facto authority has been threatened by proposals by Ecuador to merge the Andean Community with MERCOSUR and by politically high-profile noncompliance suits involving Ecuadoran import restrictions. Yet even in these contentious cases, the Andean legal system—backstopped by overlapping constraints of the World Trade Organization (WTO)—pushed Ecuador to offer plausible legal grounds to defend its import restrictions. The chapter concludes by exploring the relationship between the ATJ’s de facto authority and its limited power to shape regional economic policy.

Keywords:   Andean Tribunal Justice, international court, de facto authority, Andean intellectual property, Andean integration project, Andean Pact, Washington Consensus

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