Document Type

Article

Disciplines

International Law

Abstract

In recent years, the Central American Court of Justice (the "Court") has finally been able to achieve long fought, desired recognition. The joining of Guatemala, as well as the possible acceptance of adhesion by Panama and the Dominican Republic, have given the Court regional scope and identity. The Court has also become an institution of international and supranational character. It has done so primarily through the various cases it has decided, and through the extra-judicial activities that it hosts, encourages, and in which it participates.

The Court has had two periods of existence-the early Court of Cartago of 1908 and the current Court, also known as the Court of Managua, which was established in 1995. The history of the Court-both the Court of Cartago and the Court of Managua-has reflected the turbulent history of the Central American region: a confusing post-independence period, failed attempts at a Central American Union, and glimpses of hope in between. Overall, the Court is the product both of a Central American sense of solidarity which has endured decades of tumult, and of multiple efforts to achieve a Central American Federation or Union.

To provide a sound basis for understanding the intricacies of the Court, this note will outline its political, cultural, and historical background. It will also examine the first phase of the Court's existence and its failure, and then will look at some of the international and regional efforts to achieve a Central American Union.' Thereafter, the note will examine the creation and operation of the existing Central American Court of Justice. In doing so, it will analyze the Estatuto, or ByLaws of the Court and will discuss the Court's shortcomings and its general appreciation throughout the region. Lastly, this note will address political, constitutional, and international issues that the Court should take into consideration if it wishes to change its fate.

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