| Description |
1 online resource (xxiv, 308 pages) |
| Series |
International courts and tribunals series |
|
International courts and tribunals series.
|
| Contents |
Cover; Transplanting International Courts; Copyright; Dedication; Contents; List of Tables and Figures; List of Abbreviations; I. Supranational Legal Transplants; 1. Lessons from the Andean Tribunal of Justice: Thirty Years as a Legal Transplant; Comparing Staggered Twenty-Five-Year Periods of International Adjudication: The ECJ (1958-83) and the ATJ (1984-2007); Lessons Learned from Studying the Andean Tribunal; A Roadmap of the Book; 2. Transplanting the European Court of Justice to the Andes; Transplanting, Emulating, or Appropriating: The Diffusion of Supranational Legal Institutions |
|
Copying the ECJ: Creating the Andean Tribunal of JusticeAdapting the ECJ Model; Conclusion: Supranational Transplants-Lessons from the Andean Tribunal of Justice; II. Law And Politics In The Andean Tribunal Of Justice; 3. The Andean Tribunal of Justice and its Interlocutors: Understanding Litigation Patterns in the Andean Community; The Legal and Institutional Framework of the Andean Preliminary Ruling Mechanism; An Overview of Preliminary Reference Patterns in the Andes; Activating and Sustaining the Links Between National Courts and the ATJ |
|
Domestic Intellectual Property Agencies as the Engine of Andean Preliminary ReferencesAnalyzing the Outlier Cases: A Review of Non-Intellectual Property Preliminary Rulings and Noncompliance Judgments; Broader Implications of the Differences Between the Andean and European Legal Systems; Conclusion: Energizing the ATJ's Interlocutors; 4. The Divergent Jurisprudential Paths of the Andean Tribunal of Justice and the European Court of Justice; The ATJ Demands Less of Member States than Does the ECJ |
|
Doctrinal Divergences Regarding the Relationship between Community Law and other International Law ObligationsConclusion: Balancing Respect for Andean Law with Deference to National Actors; 5. Islands of Effective International Adjudication: Constructing an Intellectual Property Rule of Law in the Andean Community; The Legal and Institutional Framework of the Andean Community; Constructing an Effective IP Rule of Law in the Andean Community; Why Andean Litigation Has Not Spilled Over to Other Issue Areas |
|
Conclusion: The Stability of the IP Rule-of-Law Island in Challenging Political Times6. The Judicialization of Andean Politics: Cigarettes, Alcohol, and Economic Hard Times; The Andean Legal System Provides Multiple Access Points for Litigants to Challenge Regional and National Laws and Policies; Tobacco and Alcohol Litigation: Forcing Open National and Regional Markets; The ATJ and Mega-Politics: National Autonomy during Economic Hard Times; Conclusion: A Judicial Strategy to Navigate Fraught Political Terrains |
| Summary |
The Andean Tribunal of Justice was established as part of the 1969 Andean Pact, as one of 11 tribunals modelled on the European Court of Justice (ECJ). This book examines the origins, practice, politics and theory of the court and compares it with the ECJ, showing why the two courts have developed differently |
| Bibliography |
Includes bibliographical references (pages 291-302) and index |
| Notes |
Print version record |
| Subject |
Tribunal de Justicia del Acuerdo de Cartagena
|
| SUBJECT |
Tribunal de Justicia del Acuerdo de Cartagena fast |
|
Cartagena Agreement (1969) http://id.loc.gov/authorities/names/n78069224
|
|
Cartagena Agreement (1969) fast |
| Subject |
Courts -- Andes Region
|
|
LAW -- Civil Procedure.
|
|
LAW -- Legal Services.
|
|
POLITICAL SCIENCE -- Government -- Judicial Branch.
|
|
Courts
|
|
Politics and government
|
|
Andean Community.
|
|
Regional courts.
|
|
Judicial settlement of international disputes.
|
|
Laws of specific jurisdictions & specific areas of law.
|
|
Law.
|
| SUBJECT |
Andes Region -- Politics and government
|
| Subject |
Andes Region
|
| Form |
Electronic book
|
| Author |
Helfer, Laurence R., author.
|
| ISBN |
9780191502125 |
|
019150212X |
|
9780191760723 |
|
0191760722 |
|
