28 February 2017
Salvatore Caserta’s article accepted in Leiden Journal of International Law
The article Regional Integration through Law and International Courts: the Central American and Caribbean Cases builds an innovative theoretical framework with the goal of unveiling the preconditions allowing International Courts (ICs) to become engines of supranationality in different institutional and socio-political contexts. In so doing, the article nuances the theoretical approaches on the relationship between supranationality and supranational adjudication. The article focuses on the Central American Court of Justice (CACJ) and the Caribbean Court of Justice (CCJ). Both the CACJ and the CCJ have been branded as institutional copies of the Court of Justice of the EU (CJEU). The two Courts have also borrowed key jurisprudential principles from the Luxembourg Court with the goal of expanding the reach of Central American and Caribbean Community laws. Yet, both Courts have thus far failed to foster supranationality in their respective systems. This is because the conditions allowing ICs to become engines of integration lie for the most part outside the direct control of the judges, most notably, in other institutional, political, and societal actors, such as national judges, regional organs, legal and political elites, as well as academics. The article, hence, suggests that ICs can become engines of de facto supranationality only to the extent to which these are supported by a set of institutional, political, and societal pre-conditions allowing the concrete enforcement of the rulings of the IC at the regional and national levels.
A working paper version of the article can be found here.