Enforcement of Regional Economic Integration in the Caribbean: Treaty Enforcement by the Caribbean Court of Justice and Regimes for Enhanced Co-Operation

Author(s):  
David S. Berry
Author(s):  
Salvatore Caserta

The book provides the first in-depth and empirically grounded analysis on the foundations and trajectories of gaining authority of the four Latin American and Caribbean regional economic courts: the Central American Court of Justice (CACJ), the Caribbean Court of Justice (CCJ), the Andean Tribunal of Justice (ATJ), and the Mercosur Permanent Review Court (PRC). While these courts were, on their terms, established to build common markets and to enforce trade liberalization, they have often developed bodies of jurisprudence in domains often not directly associated with regional economic integration. The CCJ has been most successful in the area of human and fundamental rights; the CACJ has addressed issues related to the enforcement of the rule of law in national legal arenas and long-standing border disputes between the countries of the region; the ATJ is an island of effective adjudication on intellectual property issues; and the PRC has significantly struggled to receive a significant number of cases to rule upon all together. The particular trajectories of the four Latin American and Caribbean Regional Economic Courts (RECs) suggest that there is no universal formula for success for these institutions and that their operational path is not necessarily a function of their formally delegated competences and/or of the will of the Member States, as it is often argued in mainstream legal and political science literature. Rather, local socio-political contextual factors—such as the historical legacies of a region, the interests and dynamics of socialization of legally and politically situated actors, the nature of national and regional politics, and legal culture—often play a far more decisive role in influencing the direction of RECs during and after their establishment.


Author(s):  
Salvatore Caserta

This chapter compares the foundations of the Central American Court of Justice (CACJ) and the Caribbean Court of Justice (CCJ) with those of the Andean Tribunal of Justice (ATJ) and of the Mercosur Permanent Review Court (PRC). The goal is to provide general considerations related to the actors and factors that may be deemed of central importance for founding regional courts, and to confirm the value of the approach taken in this book. Similar to those of the CACJ and CCJ, the foundations of the ATJ and of the Mercosur PRC also extended over relatively long periods of time and were finally unlocked by the occurrence of events that were only partially and indirectly related to the two Courts. Against this background, the chapter draws general theoretical conclusions on the foundations of Regional Economic Courts (RECs) in Latin American and the Caribbean.


Author(s):  
Salvatore Caserta

This chapter deals with the extended process of creation of the Central American Court of Justice (CACJ) arguing that, similar to the Caribbean Court of Justice (CCJ), the Court is also the institutional crystallisation of the different movements that characterised the Central American legal field over time. One of the movements leading to the creation of the CACJ is highlighted in the literature on the proliferation of international courts (ICs), according to which the Court is an EU-style regional economic court whose aim is to enforce the policies of the Central American Integration System (SICA). The other movement, pursued by more local elites, is concerned with the long-lasting project of pacifying and democratising the region by legal and judicial means. In addition to examining the dynamics at play during this extended foundation, this chapter also looks at the window of opportunity that led to the creation of the Court, which was found in the Esquipulas I and II peace negotiations and the need to strengthen economic integration at the end of the Cold War.


Author(s):  
Salvatore Caserta

This chapter compares the authority of the Central American Court of Justice (CACJ) and the Caribbean Court of Justice (CCJ) with that of the Andean Tribunal of Justice (ATJ) and the Mercosur Permanent Review Court (PRC) and, in so doing, draws general conclusions about the actors and factors that may be deemed of importance for better understanding the de facto authority of the Latin American and Caribbean Regional Economic Courts (RECs). More specifically, it shows that, similar to the CCJ, the ATJ has been relatively successful in achieving authority, at least in the area of intellectual property (IP) law. This occurred thanks to the Court’s ability to develop a relationship with state and sub-state actors, such as administrative agencies and national judges, which repeatedly filed preliminary rulings on these topics, thus allowing the Court to make a difference in this area of law. The chapter also shows the fluctuations of the authority of the ATJ on classic matters of community law, such as removal of trade barriers and the implementation of the policies of the Andean Community. In contrast, the Mercosur PRC has struggled throughout its history to ensure that it receives a steady flow of cases to rule upon and has been repeatedly criticised by both state and sub-state actors. This final chapter shows that this reality is a symptom of political instability, lack of commitment to regional institutions, authoritarian politics, and struggle to complete the transition to democracy in the Mercosur Member States. Against this background, the chapter draws general theoretical conclusions on the authority of the four RECs in Latin American and the Caribbean.


2016 ◽  
pp. 26-42 ◽  
Author(s):  
P. Kadochnikov ◽  
A. Knobel ◽  
S. Sinelnikov-Murylev

The paper considers measures on Russia’s integration into the global economy, aimed at the economic growth resumption. It analyzes conditions and mechanisms due to which the expanding trade and mutual investment with other countries contribute to economic growth in Russia. The paper provides policy recommendations for export support, regional economic integration agenda and the institutions reform.


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