International Courts in Latin America and the Caribbean

Abstract

This introductory chapter presents the main theoretical and methodological issues of the book. In terms of theory, the chapter explains that the book relies on the concept of de facto authority, according to which international courts become authoritative and powerful when their rulings are endorsed by relevant audiences in their practices. To complement this approach, the chapter explains that the book proposes five original analytical markers, which are central for analysing and explaining the social processes through which international courts, in general, and regional economic courts, in particular, gain or lose de facto authority. These are: (i) the nature of the political environment surrounding them; (ii) the timing of their institutional founding; (iii) the material and/or abstract interests of the agents interacting with them; (iv) the fundamental support of different social groups relating to them; and (v) the societal embeddedness in their operational context.