The Judicial Politics of Economic Integration


Book Description

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 debates about judicial reform in the process of development and regional integration. Although clearly confirming several earlier claims that "one size does not fit all", Osvaldo Saldias provides new insights into how legal transplants adapt and evolve, and how we can learn much more about legal reform from a project that presumably failed than from successful copies. The Andean Court of Justice is a remarkable example of an institution capable of adapting to political and economic challenges; therefore, in times of a severe European economic crisis we should not forget that we might improve our understanding of European integration by looking at developments in other regions. An interesting new study with an international focus, this book will be a fascinating read for students and scholars of Law and Latin American Studies.




Trade Agreements, Investment Protection and Dispute Settlement in Latin America


Book Description

In recent years many Latin American countries have liberalized their trade and investment regimes, opening their markets to free international trade. At the same time, regional economic integration has boomed. This book is the first systematic analysis in any language of these globally significant developments, and the first comprehensive legal study of dispute settlement relating to foreign direct investment and trade in the region. Undertaken by an expert in the field, this study describes the current institutional framework of Latin American trade and investment law as well as specialized legal issues in the region's various economic blocs. Among the many issues and topics raised the following may be mentioned: • questions of compliance and procedure in the context of today's international investment regime; • formalized dispute settlement mechanisms; • alternative dispute resolution channels, including dispute prevention practices; • legitimacy and transparency of the various dispute settlement mechanisms; • inclusion of social clauses in trade and investment agreements; and • avoidance of investment treaty liability. In order to offer a most accurate view of the effectiveness of the protection granted to foreign investors, special attention is given to relevant case law – completely covering the period 1985–2015 – as well as arbitral precedents before international bodies and in jurisdictions across the region. The book concludes with a critical examination of the future prospects of international economic law dispute settlement in the Americas, pinpointing current trends and unveiling future possible avenues for change. As an in-depth explication of how the rules and principles of international economic law are applied in Latin America, this book has no peers. For practitioners drafting business agreements with Latin American companies, or needing to ensure availability of appropriate remedies, this book's detailed insight into international litigation in the region, including case law illustrating the main topics, will prove to be of immeasurable value. Professionals in the arbitral community worldwide, as well as governments, dedicated research centres and officials in international organizations will welcome this book's model for comparative integration studies, systematic guidance on procedure and case law of domestic and international courts and arbitral tribunals, and extensive treatment of dispute settlement mechanisms in trade and investment agreements.




Rethinking Free Trade, Economic Integration and Human Rights in the Americas


Book Description

This monograph offers the first systematic overview of the protection of human rights in trade agreements in the Americas. Traditionally, trade agreements in the Americas were concerned with economic questions and paid little attention to human rights. However, in the wake of the 'new regionalism', which emerged at the end of the last century, more clauses addressing social issues such as labour rights and environmental standards were inserted in trade agreements. As economic integration increased, a framework for the protection of human rights evolved. This book argues that this framework allows for human rights protection on a transnational level, while constructing regional identities. Looking at the four key regional integration processes, namely the Caribbean Community, the Central American Integration System, the Andean Community of Nations and the Southern Common Market, and also at the North American Free Trade Agreement, it shows how the integration process has reached a considerable degree of consolidation. Writing on key sources in English for the first time, this book will be essential reading for all free trade and human rights scholars.




Latin American Unification


Book Description

This book investigates efforts to promote the political and economic unification of Latin America. Every generation in the region has known some effort toward these goals. There were four major stages. The first endeavors were undertaken by diplomats, the second by idealists, the third by technocrats and the fourth stage is now dominated by pro-unification political leaders. Efforts toward integration promote the economies and political stability of these countries—Latin Americans were among the first of the old “third world” people to advance such programs. The political unification of Latin America has been stymied by the political class but this trend is currently being reversed with the Common Market of the South (MERCOSUR). The recent accession of Venezuela after a grueling political-ideological struggle (examined in the book) has spurred other countries to seek full membership in the group. It is now the third largest trade bloc in the world and is continuing to grow. Instructors considering this book for use in a course may request an examination copy here.




Transformative Constitutionalism in Latin America


Book Description

This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.




The Political Economy of Regional Cooperation


Book Description

This book synthesizes development theory and empirical studies to present a comparative analysis of co-operation in four regions in the developing world: Asia (ASEAN), Latin America (ANDEAN), the Caribbean (CARICOM), and the South Pacific (SPF).







Regional Cooperation, Organizations and Problems


Book Description

Encyclopedia of Public International Law, 6: Regional Cooperation, Organizations, and Problems focuses on regional organizations, cooperation, and problems, including boundary disputes, membership, and functions of organizations. The publication first elaborates on the American-Canadian Boundary Disputes and Cooperation, American-Mexican Boundary Disputes and Cooperation, Andean common market, League of Arab States, and the Association of South-east Asian Nations. Discussions focus on structure and organization, activities, evaluation, membership, functions, and establishment, objectives, and principles. The text then examines the Balkan Pact of 1953/1954, Belgium-Luxembourg Economic Union, Benelux Economic Union, and boundary disputes between China and USSR. The manuscript considers the boundary disputes in Latin America and Africa, Council for Mutual Economic Assistance, European Atomic Energy Community, European Coal and Steel Community, and the European Conference of Postal and Telecommunications Administrations. The publication also takes a look at the Economic Community of West African States, European Atomic Energy Community, and the European Atomic Energy Society. The book is a vital source of information for researchers interested in regional organizations, cooperation, and problems.




Latin American Development and Public Policy


Book Description

This book analyzes various important aspects of methodology and substance regarding economic, social, and political policy in Latin America directed toward achieving more effective, efficient, and equitable societal institutions. The chapters are authored by experts from within Latin America and also from Latin America research institutes elsewhere. The book combines practical policy significance with insightful causal and prescriptive generalizations. The emphasis is on the role of governmental decision-making and the important (but secondary) role of the marketplace, social groups, and engineering.