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Enforcement and Escape in the Andean Community: Why the Andean Community of Nations is Not a Replica of the European Union

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  • William Phelan

Abstract

Emphasizing the presence of similar ‘supranational’ doctrines and a ‘preliminary reference’ mechanism, recent scholarship has argued that the legal institutions of the Andean Community were designed as replicas or clones of those in the European Union. From an alternative perspective, however, focused on the importance of inter-state retaliation mechanisms, as well as trade remedies, in international trade regimes, the similarity is much less apparent. Rather, the Andean Community appears to be designed as, and in fact operates as, a treaty regime that continues to rely on enforcement and escape behaviours by states that are common to many international trade regimes, but have been persistently rejected by the EU.

Suggested Citation

  • William Phelan, 2015. "Enforcement and Escape in the Andean Community: Why the Andean Community of Nations is Not a Replica of the European Union," Journal of Common Market Studies, Wiley Blackwell, vol. 53(4), pages 840-856, July.
    • Handle: RePEc:bla:jcmkts:v:53:y:2015:i:4:p:840-856
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    1. Alter, Karen J. & Helfer, Laurence R., 2010. "Nature or Nurture? Judicial Lawmaking in the European Court of Justice and the Andean Tribunal of Justice," International Organization, Cambridge University Press, vol. 64(4), pages 563-592, October.
    2. Andrew Moravcsik, 1995. "Liberal Intergovernmentalism and Integration: A Rejoinder," Journal of Common Market Studies, Wiley Blackwell, vol. 33(4), pages 611-628, December.
    3. Kucik, Jeffrey & Reinhardt, Eric, 2008. "Does Flexibility Promote Cooperation? An Application to the Global Trade Regime," International Organization, Cambridge University Press, vol. 62(3), pages 477-505, July.
    4. J. Michael Finger & Julio J. Nogués, 2006. "Safeguards and Antidumping in Latin American Trade Liberalization : Fighting Fire with Fire," World Bank Publications - Books, The World Bank Group, number 7407, December.
    5. Rosendorff, B. Peter & Milner, Helen V., 2001. "The Optimal Design of International Trade Institutions: Uncertainty and Escape," International Organization, Cambridge University Press, vol. 55(4), pages 829-857, October.
    6. Alan O. Sykes, 2005. "Public versus Private Enforcement of International Economic Law: Standing and Remedy," The Journal of Legal Studies, University of Chicago Press, vol. 34(2), pages 631-666, June.
    7. Chase, Claude & Yanovich, Alan & Crawford, Jo-Ann & Ugaz, Pamela, 2013. "Mapping of dispute settlement mechanisms in regional trade agreements: Innovative or variations on a theme?," WTO Staff Working Papers ERSD-2013-07, World Trade Organization (WTO), Economic Research and Statistics Division.
    8. Schropp,Simon A. B., 2009. "Trade Policy Flexibility and Enforcement in the WTO," Cambridge Books, Cambridge University Press, number 9780521761208.
    9. William Phelan, 2014. "Supremacy, Direct Effect, and Dairy Products in the Early History of European law," The Institute for International Integration Studies Discussion Paper Series iiisdp455, IIIS.
    10. Julia Gray & Jonathan Slapin, 2012. "How effective are preferential trade agreements? Ask the experts," The Review of International Organizations, Springer, vol. 7(3), pages 309-333, September.
    11. Burley, Anne-Marie & Mattli, Walter, 1993. "Europe Before the Court: A Political Theory of Legal Integration," International Organization, Cambridge University Press, vol. 47(1), pages 41-76, January.
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