Situating the Andean Colonial Experience

Re-situating Andean colonial history from the perspective of the local historians of ayllu Qaqachaka, in highland Bolivia, this book draws on regional oral history combined with local and public written archives. Rejecting the binary models in vogue in colonial and postcolonial studies (indigenous/non-indigenous, Andean/Western, conquered/conquering), it explores the complex intercalation of legal pluralism and local history in the negotiations around Spanish demands, resulting in the so-called "Andean pact." The Qaqachaka's point of reference is the preceding Inka occupation, so in fulfilling Spanish demands they seek cultural continuity with this recent past. Spanish colonial administration, applies its roots in Roman-Germanic and Islamic law to many practices in the newly-conquered territories. Two major cycles of ayllu tales trace local responses to these colonial demands, in the practices for establishing settlements, and the feeding and dressing of the Catholic saints inside the new church, with their forebears in the Inka mummies.

The Andean Community

This chapter analyses international parliamentarization in the Andean region. Andean integration has seen, first, the creation of the Andean Pact without an international parliamentary institution (IPI) in 1969, followed by the establishment of the Andean Parliament in 1979 and a slight IPI empowerment in conjunction with the foundation of the Andean Community in 1996. The Andean Parliament was created in the context of democratization in the region and a shift of the Andean Pact from a task-specific to a general-purpose organization. Whereas the conditions of parliamentarization continued to be favourable during the reform process leading to the Andean Community, none of them improved strongly enough to give a boost to parliamentary empowerment. Rather, institutional entrepreneurship was able to secure modest authority gains.

Transplanting International Courts

The Andean Pact was founded in 1969 to build a common market in South America. Andean leaders copied the institutional and treaty design of the European Community, and in the 1970s, member states decided to add a tribunal, again turning to the European Community as its model. Since its first ruling in 1987, the Andean Tribunal of Justice (ATJ) has exercised authority over the countries which are members of the Andean Community: Bolivia, Colombia, Ecuador, and Peru (formerly also Venezuela). It is now the third most active international court in the world, used by governments and private actors to protect their rights and interests in the region. This book investigates how a region with weak legal institutions developed an effective international rule of law, why the ATJ was able to induce widespread respect for Andean intellectual property rules but not other areas governed by regional integration rules, and what the ATJ's experience means for comparable international courts. It also assesses the Andean experience in order to reconsider the European Community system, exploring why the law and politics of integration in Europe and the Andes followed different trajectories. Finally, it provides a detailed analysis of the key factors associated with effective supranational adjudication. This book collects together previously published material by two leading interdisciplinary scholars of international law and politics, and is enhanced by three original chapters further reflecting on the Andean legal order.

Regiones, régions, regions, everywhere…. But what about the people? Why Regions & Cohesion

Since the end of the Cold War in 1990, “regions” and “governance” have become prominent themes in the social sciences and they have often accompanied each other in both political and academic circles. During this historical period, regions have developed in many ways, including the proliferation and deepening of regional integration schemes, including among others, the enlargement of the European Union (EU), the establishment of the North American Free Trade Agreement, the passage of the Organization of African Unity to the African Union, and the transformation of the Andean Pact into the Andean Community. While world regions were being established at the supranational level, sub-national regions also began to take form. The 1990s witnessed the development of regional economies, regional identities, regionalist ideologies, political parties, and social movements. In many cases, these transformations could not be contained by national boundaries. The notion of “borders” has recently been replaced by “border regions” as these areas have become accepted as socially constructed territories that transcend political and geographic delineations.

The Impact of Regional Trade Integration on Firm Organization and Strategy: British American Tobacco in the Andean Pact

Processes of regional trade integration may have an important impact on firms' strategies and forms of organization. This article provides an empirical case study of the impact of regional trade integration in the Andean Pact in the 1990s on the strategies and organization of British American Tobacco (BAT), using internal tobacco industry documents. BAT conducted an integrated strategy by lobbying on tax and tariff rates and intellectual property regulations, whilst simultaneously adapting its market strategies and attempting to modify its internal organization. The company incorporated substantial sales in illicit markets into its strategy, and launched new legal export operations within the region, in part to assert ownership over contested trademarks. It attempted to significantly modify its internal organization by better integrating its national operating companies on a regional basis, but was only partially successful in this due to resistance from its powerful Brazilian subsidiary. Changes in intellectual property rules also intensified competition between BAT and its main competitor, Philip Morris, culminating in a legal dispute between the two firms and leading BAT to develop a more coherent strategy on trademark ownership. These findings raise implications for understanding, and regulating, tobacco industry activities worldwide.