Networks, Courts and Regional Integration: Explaining the Establishment of the Andean Court of Justice

Abstract

Nutzungsbedingungen:Dieser Text wird unter einer Deposit-Lizenz (Keine Weiterverbreitung -keine Bearbeitung) The KFG Working Paper Series serves to disseminate the research results of the Kolleg-Forschergruppe by making them available to a broader public. It means to enhance academic exchange as well as to strengthen and broaden existing basic research on internal and external diffusion processes in Europe and the European Union.All KFG Working Papers are available on the KFG website at www.transformeurope.eu or can be ordered in print via email to transform-europe@fu-berlin.de. and think tanks play a decisive role in the shaping of legal transplants. They are the ones that decide which model to follow. They get to choose participants in relevant working groups and it is them who shape the final proposal that will be voted by the lawmaker. As the complexity of the topic increases, professional networks can use technical discourse that makes scrutiny unlikely. The research shows that in case of Andean regional integration, the personal background of consultant is also very relevant, because it determines what models will be considered for eventual benchmarking. However, the mere existence of networks is not enough for producing legal change; a window of opportunity is a necessary condition.

Enforcement and Escape in theAndean Community: Why theAndean Community of Nations is Not a Replica of theEuropean Union

“…568–9, 580–1). Nor was any of this by chance, as some of the designers of the Andean Community's legal institutions had been directly inspired by the institutions of the then developing European legal order, and actors in the European legal order, including an ECJ judge, played a direct role by offering technical assistance (Saldías, 2009; 2010a; 2010b; 2014, for example, 69–70; Alter et al ., , p. 645).…”

“…The expression ‘Alter & Helfer’ is used in this article to refer to collective authorship of these papers. Saldías (2007; 2009; 2010a; 2010b; 2014). For a paper co‐authored by all three researchers, see Alter et al .…”

Spillover Effects and Supranational Parliaments: The Case of Mercosur

“…52 Epistemic communities and transnational advocacy networks are behind such moves, since professional groups and think tanks share cognitive maps and common interests. 53 Trained by European institutions or influenced by their lobbying and weltanschauung, many consultants and scholars advocate a sort of cloning of the EU structure in other settings.…”

When Knowledge Travels. Expert Networks in African Security Policy. Case Studies of AU and ECOWAS.

“…8 Systematic and broader reflections, as well as empirical research on stakeholders, are noticeably missing, being currently limited to single-case studies such as that of Alter (2008)-she analyzes the role of jurist advocacy networks in the establishment of courts of justice. Botto (2009), meanwhile, describes the role of academic networks in Mercosur; Saldias (2010) shows the influence of transnational jurist networks in the Andean Community (AC) in the process of adopting an EU-style court.…”