Challenges of International Trade and Andean Integration: the role of the Court of Justice of the Andean Community

Abstract

The interdependence among States, as a result of globalization, has driven the development of an intricate system of norms that, rather than following an integrative logic, has tended toward dispersion. Although the resulting multiplicity of autonomous legal regimes or special rules has caused a relative fragmentation of international law, international tribunals —through its jurisdiction—, and the States themselves —through negotiation— have been able to overcome the normative incompatibilities that have arisen. However, in the modern global context, characterized by the geopolitical instrumentalization of trade, this phenomenon poses challenges to the unity of certain consolidated communitary zones. This is the case of the Andean Community which, in a scenario where bilateral trade agreements are beginning to be prioritized, must ensure the unity of the Andean integration regime through its institutions. For this task, the Andean Tribunal of Justice is particularly relevant, as it can guarantee the unity of the Andean Community legal order through the exercise of its competences. This article analyzes the competences of these institutions in addressing fragmentation and proposes measures to strengthen the Andean legal regimen in order to ensure its primacy, coherence, and effectiveness throughout the integration area.