The Judicial Politics of Economic Integration: The Andean Court as an Engine of Development

ISBN-13: 9780415829700 / Angielski / Twarda / 2013 / 172 str.

Osvaldo Saldias

Opis

The Judicial Politics of Economic Integration analyses development strategies and regional integration in the Andean Community (the former Andean Pact) of Latin American nations; focusing on the establishment of the Andean Court of Justice and its case law, as well as the intellectual underpinnings that made such an impressive reform possible. The court is a transplant taken from the European integration process, and it materializes the visions, expectations, and dreams of the transnational development movement of "integration through law." The book discusses the outcomes of the Court in the light of the debates about judicial reform in the process of development and regional integration. Although it clearly confirms several earlier claims that "one size does not fit all," it provides new evidence that legal reform is not futile. On the contrary, the book argues, if driven reflexively it can be a considerable contribution to the creation of capabilities and improvement of a democratic rule of law.

Spis treści

Foreword  CHAPTER ONE: Introduction  CHAPTER TWO: The Rise Of A Model. The European Court Of Justice As An Engine Of Integration  CHAPTER THREE: The Politics Of Judicial Design: Professionals And Legal Experts.  CHAPTER FOUR: The Andean Court Of Justice: Charting The Course For Its Case Law  CHAPTER FIVE: What Legal Engineers Do Not Get: Rights Politics And The Pitfalls Of Concept Stretching  CHAPTER SIX: Epilogue and Excursus: the Andean Way Towards Constitutionalisation  BIBLIOGRAPHY

O autorze

Osvaldo Saldias is based in the School of Law at the Humboldt University of Berlin.