
doi: 10.2139/ssrn.2618516
The Andean Court of Justice (hereinafter the ACJ) has shown its interest in respecting the international obligations incumbent on Member States as parties to other treaties by considering these as sources of law in the Andean Community. The ACJ has also shown a certain openness to international agreements signed by Member States by asserting the need for consistent interpretation of Andean law in the light of these agreements. Nevertheless, ACJ concern for the unrestrictive application of Andean law by Member States is echoed in its case law. Such concern is justified as although the Andean Community is not a WTO member, the question of the applicability of WTO law in the Andean legal order has been raised by Member States, private parties and Andean institutions themselves. This paper deals with the manner in which the ACJ responded to the question. The paper finds that Andean institutions may use WTO law in the Andean Community so long as the application of Andean law is not jeopardized.
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