Arbeitspapier | Working paper
Networks, courts and regional integration: explaining the establishment of the Andean Court of Justice
Legal transplants have traditionally been believed to be the product of reason and informed decision-making that follow arduous deliberations and bargaining between lawmakers. This paper argues that some major legal transformations can be better explained with the help of networks. It delves into the history of the establishment of the Andean Court of Justice and asks who got to decide the major questions in regard to the institutional design of the court. I argue that contrary to dominant assumptions, consultants and think tanks play a decisive role in the shaping of legal transplants. They are the ones that decide which model to follow. They get to choose participants in relevant working groups and it is them who shape the final proposal that will be voted by the lawmaker. As the complexity of the topic increases, professional networks can use technical discourse that makes scrutiny unlikely. The research shows that in case of Andean regional integration, the personal background of consultant is also very relevant, because it determines what models will be considered for eventual benchmarking. However, the mere existence of networks is not enough for producing legal change; a window of opportunity is a necessary condition.
- ISSN
-
1868-7601
- Extent
-
Seite(n): 28
- Language
-
Englisch
- Notes
-
Status: Veröffentlichungsversion; begutachtet (peer reviewed)
- Bibliographic citation
-
KFG Working Paper Series (20)
- Subject
-
Recht
Internationale Beziehungen
Justiz
internationale Beziehungen, Entwicklungspolitik
Gerichtshof
Rechtsreform
Rechtsprechung
Rechtswesen
Netzwerk
regionale Integration
Andenraum
Lateinamerika
Europäischer Gerichtshof
Supranationalität
- Event
-
Geistige Schöpfung
- (who)
-
Saldías, Osvaldo
- Event
-
Veröffentlichung
- (who)
-
Freie Universität Berlin, FB Politik- und Sozialwissenschaften, Otto-Suhr-Institut für Politikwissenschaft Kolleg-Forschergruppe "The Transformative Power of Europe"
- (where)
-
Deutschland, Berlin
- (when)
-
2010
- URN
-
urn:nbn:de:0168-ssoar-370951
- Rights
-
GESIS - Leibniz-Institut für Sozialwissenschaften. Bibliothek Köln
- Last update
-
21.06.2024, 4:27 PM CEST
Data provider
GESIS - Leibniz-Institut für Sozialwissenschaften. Bibliothek Köln. If you have any questions about the object, please contact the data provider.
Object type
- Arbeitspapier
Associated
- Saldías, Osvaldo
- Freie Universität Berlin, FB Politik- und Sozialwissenschaften, Otto-Suhr-Institut für Politikwissenschaft Kolleg-Forschergruppe "The Transformative Power of Europe"
Time of origin
- 2010
Other Objects (12)
Networks, courts and regional integration: explaining the establishment of the Andean Court of Justice
Re-establishment of administrative courts
The judicial politics of economic integration : the Andean Court as an engine of development
Supranational courts as engines for regional integration? A comparative study of the Southern African Development Community Tribunal, the European Union Court of Justice, and the Andean Court of Justice
Supranational courts as engines for regional integration? A comparative study of the Southern African Development Community Tribunal, the European Union Court of Justice, and the Andean Court of Justice
V. The native infantry on the establishment ordered by the Court of Directors ...
Report on the establishment and functioning of Labor Courts in the Berlin Zone
In the Court’s Shadow
The High Court’s Brexit Decision
The German Federal Constitutional Court : the court without limits
The West Court
Humiliating the Court?
Networks, courts and regional integration: explaining the establishment of the Andean Court of Justice
Re-establishment of administrative courts
The judicial politics of economic integration : the Andean Court as an engine of development
Supranational courts as engines for regional integration? A comparative study of the Southern African Development Community Tribunal, the European Union Court of Justice, and the Andean Court of Justice
Supranational courts as engines for regional integration? A comparative study of the Southern African Development Community Tribunal, the European Union Court of Justice, and the Andean Court of Justice
V. The native infantry on the establishment ordered by the Court of Directors ...
Report on the establishment and functioning of Labor Courts in the Berlin Zone
In the Court’s Shadow
The High Court’s Brexit Decision
The German Federal Constitutional Court : the court without limits
The West Court
Humiliating the Court?
Networks, courts and regional integration: explaining the establishment of the Andean Court of Justice
Re-establishment of administrative courts
The judicial politics of economic integration : the Andean Court as an engine of development
Supranational courts as engines for regional integration? A comparative study of the Southern African Development Community Tribunal, the European Union Court of Justice, and the Andean Court of Justice
Supranational courts as engines for regional integration? A comparative study of the Southern African Development Community Tribunal, the European Union Court of Justice, and the Andean Court of Justice
V. The native infantry on the establishment ordered by the Court of Directors ...
Report on the establishment and functioning of Labor Courts in the Berlin Zone
In the Court’s Shadow
The High Court’s Brexit Decision
The German Federal Constitutional Court : the court without limits
The West Court