Abstract

SASAKI OTANI, María Ángela. The System of Sanctions for Noncompliance in the Ambit of the Andean Community. Anu. Mex. Der. Inter [online]. 2012, vol.12, pp.301-337. ISSN 1870-4654.

So far, sanctions for non-economic matters in the purview of the Court of Justice of the Andean Community have addressed only two aspects: 1) approval from member countries to levy an additional 5% on imports of five products of the country defaulting or, 2) limiting rules of origin through the suspension of issuance of certificates of origin provoking that the member loses the advantage of the Liberalization Program by having to pay the tariff on third countries. However, the current system of sanctions has become inefficient, since in several cases, there is no interest by the recipient country (the applicant) to apply sanctions to the offending country, leading to a double failure of both the defending country not serving his sentence, and the requesting country that decides not to implement the sanctions authorized by the CJAC. Therefore, one of the options to resolve this impasse could be the imposition of penalty payments to members who violate a ruling by the CJAC, such as in the European Union.

Keywords : International economic sanctions; Penalty payments; Breach Action against Member Countries; Procedure summary judgments for contempt of noncompliance; Andean Community; Court of Justice of the Andean Community; Regional integration processes.

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