Transplanting the European Court of Justice: The Experience of the Andean Tribunal of Justice

Abstract

In the 1950s, in the wake of a devastating world war, European countries began a process of pooling sovereignty to collectively rebuild their security and economies. This process-which involved the creation of supranational institutions to promote economic, legal and political integration-soon attracted new adherents. Beginning in the 1960s, other governments around the world emulated Europe's model of regional integration, proposing common markets and copying the institutions of the European Community (EC).From its inception, the EC included a court of justice, but early replications of European integration did not.

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).…”

“…This addition suggests that states sought to create a supranational legal system capable of inducing respect for Andean rules. (Alter et al ., , pp. 649–50)…”

“…3, 7–8; also Saldías, , p. 117; , p. 141). Alter & Helfer, and Saldías, did at times note the ATJ's interstate retaliation system (e.g., Alter and Helfer, , Note 21; Alter et al ., , p. 649), but the significance of this aspect of Andean dispute settlement was not sufficiently acknowledged – see further discussion below. Strictly speaking, the element of imitation and conscious diffusion of EU institutions in the design of Andean legal institutions might rule out consideration of the Andean case as a true ‘natural experiment’, even if Andean legal institutions were an exact copy of the European ones.…”

Writing Lessons from Abroad: a Comparative Perspective on the Teaching of Legal Writing

“…179 Similarly, some countries may be resistant to American law school pedagogy due to cultural suspicion of American hegemony and neo-colonialism. 180 Thus, a minister of education or other officials responsible for curricular reform may associate the adoption of any program emanating from the United States as suspect and subject to resistance. Indeed, pedagogy related to the common law method has been identified as carrying "baggage" even in foreign countries with common law traditions when there has been a history of colonial occupation.…”

Taking Stock of Integration Theory

“…These could center on more robust research on contested norms, conditions of access, and stakeholdership in global governance From this brief exploration into the wider spatio-temporal frame of European integration, we can summarize that questions about the underrepresentation of security crisis scenarios in this book push findings about the growing comparability of regional integration on a global scale beyond the research objective of analysing processes of regional integration as such. To be sure, the comparability of regional integration has advanced against the background of a notable sophistication of European integration theories, as well as a rising interest in successful aspects of EU politics and policy-making in other regions (Alter et al 2012;Wiener 2015). However, in the absence of theoretical approaches that are apt to recall the EU's original motive for putting economic collaboration as the means towards that end into place, the mosaic's theoretical tool-kit remains better suited for inward-oriented analyses of the EU and its sub-units than for outward-oriented analyses which are capable of assessing its impact on other processes of regional integration.…”