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Transplanting International Courts: The Law and Politics of the Andean Tribunal of Justice provides a deep, systematic investigation of the most active and successful transplant of the European Court of Justice. The Andean Tribunal is effective by any plausible definition of the term, but only in the domain of intellectual property law.
Sommario
- Part I: Supranational Legal Transplants
- 1: Lessons from the Andean Tribunal of Justice: Thirty Years as a Legal Transplant
- 2: Transplanting the European Court of Justice to the Andes
- Part 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
- 4: The Divergent Jurisprudential Paths of the Andean Tribunal of Justice and the European Court of Justice
- 5: Islands of Effective International Adjudication: Constructing an Intellectual Property Rule of Law in the Andean Community
- 6: The Judicialization of Andean Politics: Cigarettes, Alcohol, and Economic Hard Times
- 7: The Authority of the Andean Tribunal of Justice in a Time of Regional Political Crisis
- Part III: Reconsidering International Adjudication in Europe in Light of the Andean Experience
- 8: Nature or Nurture? Judicial Lawmaking in the European Court of Justice and the Andean Tribunal of Justice
- 9: Jurist Advocacy Movements in Europe and the Andes
- 10: Reconsidering What Makes International Courts Effective
Info autore
Karen J. Alter, is a Professor of Political Science and Law at Northwestern University, permanent visiting professor at the iCourts Center for Excellence, and co-director Research Group on Global Capitalism and Law. Winner of the Berlin Prize and a Guggenheim fellow, Alter is author of the award-winning
The New Terrain of International Law: Courts, Politics, Rights (Princeton University Press, 2014),
The European Courts Political Power (OUP, 2009) and
Establishing the Supremacy of European Law (OUP, 2001) and more than forty-five articles and book chapters on international law. Alter is member of the New York Council on Foreign Relations, the Executive Committee of the
American Society of International Law, and serves on the editorial boards of the journals
International Organization, the
American Journal of International Law, International Studies Review, Law and Social Inquiry, and the
Journal of International Dispute Settlement.
Laurence R. Helfer is the Harry R. Chadwick, Sr. Professor of Law, co-director of the Center for International and Comparative Law, and a Senior Fellow with the Kenan Institute for Ethics at Duke University. He also serves as a Permanent Visiting Professor at the iCourts: Center of Excellence for International Courts at the University of Copenhagen, which awarded him an honorary doctorate in 2014. Professor Helfer has coauthored three books and more than seventy scholarly articles on his diverse research interests relating to the interdisciplinary analysis of international laws and institutions, which include international courts and tribunals, treaty design, international human rights, and international intellectual property law. He is a member of the Board of Editors of the
American Journal of International Law and the
Journal of World Intellectual Property.
Riassunto
Transplanting International Courts: The Law and Politics of the Andean Tribunal of Justice provides a deep, systematic investigation of the most active and successful transplant of the European Court of Justice. The Andean Tribunal is effective by any plausible definition of the term, but only in the domain of intellectual property law.
Testo aggiuntivo
Transplanting International Courts - a must-read for anyone who works with international courts challenges many existing presumptions and rethinks existing models for understanding supranational adjudication. Alter and Helfer's comparative analysis of the Andean Tribunal of Justice across several decades of an evolving and volatile political landscape is particularly valuable for those engaged in promoting human rights in the Global South, who will be interested in the ATJ's insistence that economic integration also respect fundamental rights. A vital contribution to the under-researched topic of supranational bodies in the developing world, this book re-conceptualizes the operation of all international courts.
