International Courts in Latin America and the Caribbean
Foundations and Authority
Series: International Courts and Tribunals Series;
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Product details:
- Publisher OUP Oxford
- Date of Publication 29 October 2020
- ISBN 9780198867999
- Binding Hardback
- No. of pages320 pages
- Size 22x163x240 mm
- Weight 1 g
- Language English 98
Categories
Short description:
This book explores the foundations and evolution of the four Latin American and Caribbean regional economic courts. It argues that local socio-political factors are often the decisive factor in influencing the direction of these Courts, rather than the formally delegated functions they were assigned when established.
MoreLong description:
This book provides the first in-depth and empirically grounded analysis of the foundations and evolution of the four Latin American and Caribbean regional economic courts: the Central American Court of Justice (CACJ), the Caribbean Court of Justice (CCJ), the Andean Tribunal of Justice (ATJ), and the Mercosur Permanent Review Court (MPRC). While these Courts were established to build common markets and to enforce trade liberalisation, they have often developed bodies of jurisprudence in domains not directly associated with regional economic integration. The CCJ has been most successful in the area of human and fundamental rights; the CACJ has addressed issues related to the enforcement of the rule of law in national legal arenas and longstanding border disputes between the countries of the region; and the ATJ is an island of effective adjudication on intellectual property issues.
The particular trajectories of these four Courts suggest that there is no universal formula for success. Challenging the mainstream account, this book argues that the Courts' operational path is not necessarily a function of their formally delegated competences or the will of the Member States. Rather, local socio-political contextual factors play a far more decisive role in influencing the direction of regional economic courts during and after their establishment.
Table of Contents:
International Courts in Latin American and the Caribbean
The Extended Foundation of the Caribbean Court of Justice Between Decolonisation and Globalisation
The Extended Foundation of the Central American Court of Justice Between Pacification and Globalisation
The Theory and Practice of Founding Regional Courts in Latin America and the Caribbean
The De Facto Authority of the Caribbean Court of Justice at the Intersection of Trade Liberalisation and Fundamental Rights
The Challenged and Challenging De Facto Authority of the Central American Court of Justice at the Intersection of Pacification, International Law, and Regionalism
The Authority and Power of Regional Economic Courts in Latin America and the Caribbean
