Islands of Effective International Adjudication: Intellectual Property Rule of Law -Andean Community

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Title: Islands of Effective International Adjudication: Intellectual Property Rule of Law -Andean Community
País: United States
Idioma: English
Fuente: Fuente: The American Journal of International LawFuente: The American Journal of International Law
Reseña: While the Andean Community has often been seen as failure by the global community, it has achieved remarkable success in it’s judicial arm, the Andean Tribunal of Justice (ATJ or Tribunal). It is the world’s third most active international courts. Its rulings have helped to establish intellectual property as a rule-of-law island in the Andean Community and to ensure that legal rules—rather than power, political influence, or bribery—shape decision making by state actors. The goal of this paper is to identify how international institutions, including international tribunals, can help to build an effective rule of the law. The ATJ’s success in building an effective Andean legal system—albeit only within a limited policy space—is all the more remarkable given the weakness of national legal systems in the states subject to the Tribunal’s jurisdiction, so it provides an interesting case study.


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