Weaknesses of Community Law and Legalization of Norms in the Central American Integration System

Abstract

This paper examines Central American community law, legal production, and the levels of legalization in the Central American Integration System (sica) from an interdisciplinary perspective. While exemplifying regional integration through community law and common rule production, sica´s progress in modest after thirty years, raising doubt about achieving its objectives. Findings reveal the influential role of intergovernmental design and anomalies in the norms production, leading to medium-low levels of legalization that hinder quality and effectiveness. This scenario erodes Community Law, rendering sica ineffective in advancing its constitutive agreements goals. This paper underscores the value of interdisciplinary analysis in understanding the intricate link between legal and political factors in international organization. It advocates prioritizing complementarity between law and politics, emphasizing the need for institutions with legal and political capacity to produce derived norms. This conceptual shift could drive reforms, enhancing legalization levels, and fostering a more effective regional institutionality to prevent delegitimization.