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E-book
Author Saldias, Osvaldo

Title The Judicial Politics of Economic Integration : the Andean Court as an Engine of Development
Published Hoboken : Taylor and Francis, 2013

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Description 1 online resource (180 pages)
Contents Cover; The Judicial Politics of Economic Integration; Title Page; Copyright Page; Table of Contents; Table of Cases; Foreword; 1 Introduction; 2 The rise of a model: The European Court of Justice as an engine of integration; Neofunctionalism; Intergovernmentalism; 3 The saga of European legal integration: The court and its case law; Forging the European judicial archetype; Integration and international public law; The transformation of the preliminary ruling procedure: the case law; 4 The politics of judicial design: professionals and legal experts
Brief notes on the transplant approach: aims and limitationsThree Andean puzzles around the establishment of the Andean Court of Justice; Epistemic communities and advocacy coalitions: an overview; The Andean-European network; Conditions for the action of networks: using windows of opportunity; Assessing the efficacy of legal networks: a counterfactual inference; Expanding the Andean network: bringing the judges in; 5 The Andean Court of Justice: charting the course for its case law; The origins of the Andean Group; The Andean institutional setting: an overview; The Andean Court of Justice
Common policy on intellectual property: the case of the patentsEstablishing a common market by expansive interpretation; 6 What legal engineers do not get: rights politics and the pitfalls of concept stretching; Assessing empirical variations between the courts; Neofunctionalism and the Andean engine of integration; Intergovernmentalism and the kite model; Towards an alternative explanation; Two competing regulatory models: decentralised vs. centralist; Explaining expansive jurisprudence in regional integration: rights politics; South American scholarship and the community of fate
Concept stretching and theory building7 Epilogue and excursus: the Andean way towards constitutionalisation; The foundational period (1969-72); The period of institutional expansion and stagnation (1972-96); Towards constitutionalisation (1996 onwards): an excursus; Bibliography; Index
Summary The Judicial Politics of Economic Integration analyses development strategies and regional integration in the Andean Community (the former Andean Pact), 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 light of the deba
Notes Print version record
Form Electronic book
ISBN 9781134114665
1134114664