Scholarship on regional international courts was until recently almost entirely
focused on two courts in Europe: the Court of Justice of the European Union and
the European Court of Human Rights. With few exceptions, there was little actual
knowledge of how international courts in Africa, Latin America, and elsewhere
operate in practice. This book, alongside other publications by its authors Karen J.
Alter and Laurence R. Helfer, significantly closes that gap.
The book pulls together ten years of research to provide the first in-╉depth empirical
analysis of the origins, evolution, successes, and failures of the Andean Tribunal
of Justice. It shows how the Tribunal has developed from a little-╉known institution
established by a small group of developing states in the Andean region to become
the world’s third most active international court.
Alter and Helfer also explore the connections between the European Court of
Justice, set up in the 1950s, and the Andean Tribunal of Justice. The book’s guiding
research question is precisely the extent to which the Tribunal can be understood
as a transplant—╉or clone—╉of the European Court of Justice. The Andean Tribunal
borrows a set of institutional design features from the Court of Justice. Most significantly,
it allows for preliminary references from national courts and administrative
agencies and also provides other avenues for private litigants and supranational
bodies to access the Tribunal to enforce Andean law.
Notwithstanding these institutional commonalities, the authors also clearly
demonstrate that law and politics operate in a significantly different way in the
Andean region than in Europe. A major finding of the book is that the Andean
Tribunal has managed to emulate the success of its European counterpart only in a
single issue area—╉intellectual property. The Tribunal has become a major institution
in the development of intellectual property rules in the Andean region, but in
practically all other areas of Andean integration law its activity and influence is limited.
This identification of what Alter and Helfer aptly name an “island of effective
international adjudication” is helpful for rethinking the differentiated pathways of
other regional courts currently evolving in many corners of the world.