Skip to main content
×
Home
    • Aa
    • Aa

Regional Integration through Law and International Courts – the Interplay between De Jure and De Facto Supranationality in Central America and the Caribbean

Abstract
Abstract

The article proposes an innovative theoretical framework outlining preconditions for Regional International Courts (RICs) to act as engines of supranationality in different institutional and socio-political contexts. In so doing, the article nuances the theoretical approaches to supranationality and supranational adjudication. The article focuses on the Central American Court of Justice (CACJ) and the Caribbean Court of Justice (CCJ). Both courts have been branded institutional copies of the Court of Justice of the European Union (CJEU); they have even borrowed key jurisprudential principles from the Luxembourg Court with the goal of expanding the reach of Central American and Caribbean Community Laws. Yet, both the CACJ and the CCJ have thus far failed to foster supranationality in their respective systems. This is because the conditions allowing RICs to become engines of integration lie, for the most part, beyond the direct control of the judges, most notably, with other institutional, political, and societal actors, such as national judges, regional organs, legal and political elites, as well as academics. The article thus suggests that RICs can become engines of supranationality only to the extent to which they are supported by a set of institutional, political, and societal pre-conditions allowing for the concrete enforcement of the rulings of the RIC at the regional and national levels.

Copyright
Linked references
Hide All

This list contains references from the content that can be linked to their source. For a full set of references and notes please see the PDF or HTML where available.

E. Stein , ‘Lawyers, Judges, and the Making of a Transnational Constitution’, (1981) 75 American Journal of International Law 1

J.H.H. Weiler , ‘The Transformation of Europe’, (1991) Yale Law Journal 2403

A. Jetschke and T. Lenz , ‘Does Regionalism Diffuse? A New Research Agenda for the Study of Regional Organizations’, (2013) 20 Journal of European Public Policy 626

A. Vauchez , ‘The Force of a Weak Field: Law and Lawyers in the Government of the European Union (For a Renewed Research Agenda)’, (2008) 2 International Political Sociology 128

J. v. H. Holtermann and M.R. Madsen , ‘European New Legal Realism and International Law: How to Make International Law Intelligible’, (2015) 28 Leiden Journal of International Law 211

L.R. Helfer and A.M. Slaughter , ‘Toward a Theory of Effective Supranational Adjudication’, (1997) Yale Law Journal 273, at 277

A.M. Burley and W. Mattli , ‘Europe Before the Court: A Political Theory of Legal Integration’, (1993) 47 International Organization 41

R.K. Goldman History and Action: the Inter-American Human Rights System and the Role of the Inter-American Commission on Human Rights’, (2009) 31 Human Rights Quarterly 856

J.H.H. Weiler , ‘The Community System: the Dual Character of Supranationalism’, (1981) 1 Yearbook of European Law 267

J.W. Müller Should the EU Protect Democracy and the Rule of Law Inside Member States?’, (2015) 21 European Law Journal 141

D. O'Brien , ‘CARICOM: Regional Integration in Post-Colonial World’, (2011) 17 European Law Journal 630

D. Berry , Caribbean Integration Law (2014)

D. O'Brien and S. Foadi , ‘CARICOM and its Court of Justice’, (2008) 37 Common Law World Review 334, at 351

J. Christoffersen and M.R. Madsen (eds.), The European Court of Human Rights between Law and Politics (2011)

J.E. Rytter and M. Wind , ‘In Need of Juristocracy? The Silence of Denmark in the Development of European Legal Norms’, (2011) 9 International Journal of Constitutional Law 470

E. Benvenisti and G.W. Downs , ‘The premises, assumptions, and implications of Van Gend en Loos: Viewed from the perspectives of democracy and legitimacy of international institutions’, (2014) 25 European Journal of International Law 85

R. Mohammed-Davidson , ‘Show Me the Money: Enforcing Original Jurisdiction Judgements of the Caribbean Court of Justice’, (2016) 29 Leiden Journal of International Law 113

A. Cohen , ‘Constitutionalism Without Constitution: Transnational Elites Between Political Mobilization and Legal Expertise in the Making of a Constitution for Europe (1940s−1960s)’, (2007) 32 Law and Social Inquiry 109

J.L. Gibson et al., ‘Why Do People Accept Public Policies They Oppose? Testing Legitimacy Theory with a Survey-Based Experiment’, (2005) 58 Political Research Quarterly 187

W. Mattli , The Logic of Regional Integration: Europe and Beyond (1999)

M. Hudson , ‘The Central American Court of Justice’, (1932) American Journal of International Law 759

Recommend this journal

Email your librarian or administrator to recommend adding this journal to your organisation's collection.

Leiden Journal of International Law
  • ISSN: 0922-1565
  • EISSN: 1478-9698
  • URL: /core/journals/leiden-journal-of-international-law
Please enter your name
Please enter a valid email address
Who would you like to send this to? *
×

Keywords:

Metrics

Full text views

Total number of HTML views: 1
Total number of PDF views: 11 *
Loading metrics...

Abstract views

Total abstract views: 46 *
Loading metrics...

* Views captured on Cambridge Core between 5th June 2017 - 26th June 2017. This data will be updated every 24 hours.