The Andean Tribunal of Justice
The Andean Tribunal of Justice
From Washington Consensus to Regional Crisis
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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