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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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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 13 April 2021

The Andean Tribunal of Justice

The Andean Tribunal of Justice

From Washington Consensus to Regional Crisis

(p.173) 8 The Andean Tribunal of Justice
International Court Authority

Karen J. Alter

Laurence R. Helfer

Oxford University Press

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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