Research Report on ANDEAN COMMUNITY Decisions

ID:

Title:

Source:

Review of 67 decisions issued by the Court of Justice of the Andean Community from 2006-2010 (July).

Parties:

Bolivia, Colombia, Ecuador and/or Peru.

Dispute Resolution Organ:

As part of the integration process, the members of the Andean Community created the Court of Justice, which is the judicial body of the Andean Community. It is comprised of four Judges representing each Member Country. The Court has territorial jurisdiction in the four countries and its spheres of competence include:
• Nullity Action
• Action for Non-Compliance
• Appeals for Omission or Inaction
• Arbitration
• Labor Jurisdiction
• Interpretation of the rules comprising the legal system of the Andean Community.

Year:

2006-2010

Pages:

Author(s):

Keywords:

Bolivia, Colombia, Ecuador, Peru, international trade, dispute resolution, dispute reports

Abstract:

The cases reviewed are distributed as follows:

Type of Process	Number of decisions published
Nullity Actions	5
Actions for Non-Compliance	56
Appeals for Omission or Inaction	4
Labor Actions	2

Type of decision	Year of publication	Number of decisions
Nullity Actions	2007	3
	2009	1
	2010	1
Actions for Non-Compliance	2006	32
	2007	9
	2008	7
	2009	2
	2010	6
Appeals for Omission or Inaction	2007	4

Issues:

Specific Issues for Attention

From the review there were four cases among the Actions for Non-Compliance in which the Court used human rights arguments to decide on trade cases. For these cases the corresponding Research Protocol was made:

1. Farmer-Importer-User program. Farmagro S.A., et al v. Republic of Peru.
2. Salt. General Secretariat of the Andean Community v. Republic of Ecuador.
3. Slot machines. Game Technology Ltda, v. Republic of Ecuador.
4. Test data. Association of Colombian Pharmaceuticals (ASINFAR) v. Republic of Colombia.

Download Article: