Biblioteca Virtual

Nature of Nurture? Judicial Law Making in the European Court of Justice and the Andean Tribunal

Show full item record

Title: Nature of Nurture? Judicial Law Making in the European Court of Justice and the Andean Tribunal
País: United States
Idioma: English
Fuente: Fuente: Duke Law School Faculty Scholarship SeriesFuente: Duke Law School Faculty Scholarship Series
Reseña: Are international courts (ICs) by nature expansionist lawmakers, expanding the reach and scope of their authority at the expense of state sovereignty when permissive conditions allow? Or are they naturally conservative, applying international law in straightforward and circumscribed ways unless environmental factors encourage them to be more expansive? We investigate expansionist lawmaking patterns in the European Court of Justice (ECJ) and the Andean Tribunal of Justice (ATJ), the ECJ’s jurisdictional twin and the third most active IC. We argue that international judges are more likely to become expansive lawmakers when they are supported by influential sub-state interlocutors and compliance constituencies. These intermediaries include national judges, administrative agency officials, and private actors who have a personal, professional or ideological stake in promoting respect for international rules. Our study investigates lawmaking across all ATJ preliminary rulings through 2007 and analyzes the political effects of cloning the ECJ in regions outside of Europe.


Files in this item

Thumbnail Files: Nature_or_Nurtu ... -Andean-Tribunal-Court.pdf
Size: 193.3Kb
Format: PDF

This item appears in the following Collection(s)

Show full item record