Caribbean Court of Justice and Legal Integration within CARICOM: Some Lessons from the European Community, The (original) (raw)
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CARICOM and Its Court of Justice
Common Law World Review, 2008
The Caribbean Court of Justice, which was inaugurated in April 2005, is possessed of both an appellate and an original jurisdiction. In its original jurisdiction the Court is vested with a compulsory and exclusive power to interpret and apply the Revised Treaty of Chaguaramas which establishes the Caribbean Community (CARICOM) Single Market and Economy. This paper explores the Court's original jurisdiction and the role that it could play in promoting regional integration, taking account of the region's history and the institutional structure within which it will be expected to function.
SSRN Electronic Journal, 2014
Many regarded the creation of the Caribbean Court of Justice (CCJ) in 2005 as the culmination of the Caribbean's long and protracted process toward final independence from its former colonizers. In the words of some insiders, it marked the "closing of the circle of independence" 1 and the "sunset of British colonial rule." 2 Indeed, twelve member states of the Caribbean Community (CARICOM) quickly accepted the Court's jurisdiction 3 to interpret and apply the Revised Treaty of Chaguaramas (RTC) (2001), which formed the new Caribbean Single Market and Economy. 4 Formally, the CCJ was thereby almost instantaneously empowered to hear cases involving Caribbean Community law (Community law). The CCJ was also empowered to replace the Judicial Committee of the Privy Council (JCPC) in London-a last court of appeals for civil and criminal cases from the Caribbean and the most visible remnant of the British Empire's former rule over the region. In regard to this jurisdiction,
The Caribbean Court of Justice and Regionalism in the Commonwealth Caribbean
2016
Not all international and regional courts survive the test of time. There is more literature on those that did as compared with those that failed. The Caribbean Court of Justice (CCJ) created in 2001 is today at a juncture where the usefulness and longevity of the Court sometimes comes into question by legal theorists and legal practitioners given the apparent lentitude of political adhesion to its appellate jurisdiction by some regional states. There has been substantial debate in the region over the readiness of the region to embrace the Court's appellate jurisdiction, it centres on perceptions and debates around legitimacy, representativeness, bias, independence and indigenous jurisprudence. To understand and contextualise the apparent difficulties that this young court faces, this article puts these debates within the wider international relations contexts of regionalism and the growth and demise of regional and international courts. Within this context, four factors contrib...
The Appellate Jurisdiction of the Caribbean Court of Justice
2020
Various Caribbean countries have established the Caribbean Court of Justice, and have taken steps to ensure its viability. The Court has two jurisdictions. One of these—the Original Jurisdiction—pertains to disputes arising under the Revised Treaty of Chaguaramas, the constituent treaty of the Caribbean Single Market and Economy. The other jurisdiction—the Appellate Jurisdiction—was intended from the outset to allow the Caribbean Court of Justice to serve as the final court of appeal for all Caribbean countries. The Appellate Jurisdiction, which forms the basis of this chapter, has been the subject of considerable debate. To date, only four Caribbean countries—Barbados, Guyana, Belize and Dominica—have entrusted their final appeals to the new court, with most former British colonies in the region retaining the Judicial Committee of the Privy Council for final appeals. What have been the main elements in the long and circuitous debate concerning the Appellate Jurisdiction of the Cour...
Small Axe: A Caribbean Journal of Criticism, 2013
On 16 April 2005 the Caribbean Court of Justice (CCJ)-a hybrid judicial institution-was inaugurated and opened in Trinidad and Tobago. This was made possible with the 14 February 2001 signing of the agreement to establish the court. Housed in Port of Spain, Trinidad, the CCJ represents a new Caribbean judicial formation meant to consolidate particular political projects and end various postcolonial judicial constraints. A total of twelve states
David S Berry,Caribbean integration Law(OUP 2014)
Oxford University Commonwealth Law Journal, 2014
According to this book's introduction, the Caribbean 'hosts two of the most successful and long-standing regional integration movements in the developing world: the Caribbean Community (CAriCOM) and the Organisation of eastern Caribbean States (OeCS). 1 Though there are many who would challenge the description of these organisations as successful, 2 they are, indisputably, longstanding. CAriCOM was first established, in 1973, by the Treaty of Chaguaramas. This was significantly revised, in 2006, to provide for the introduction of the Caribbean Single Market and economy (CSMe), and will, henceforth, be referred to as the revised Treaty of Chaguaramas (rTC). 3 The OeCS is, arguably, even older: the eastern Caribbean Common Market having been established in 1968, and subsequently transformed into the OeCS in 1981, under the Treaty of Basseterre. This too was revised to provide for the introduction of the eastern Caribbean economic Union in 2010 and will, henceforth, be referred to as the revised Treaty of Basseterre (rTB). 4 Though it might, at first, seem strange to have two organisations committed to regional integration in one geographical area, sharing similar goals and overlapping in membership, as the author explains, the two organisations diverge in a number of important ways that reflect the different needs of their members. 5 Hence, the author has subjected them to a separate as well as a comparative analysis. * reader in Law, Oxford Brookes University.
CARICOM, the CSME, and absolute sovereignty: lessons learnt on the road towards regional integration
Commonwealth Law Bulletin
As a regional bloc, the Revised Treaty of Chaguaramas (RTC) provides an opportunity for all of its Member States to benefit from regional integration and to better withstand the effects of globalisation. This article examines two recent cases involving Guyana that were litigated before the Caribbean Court of Justice (CCJ) (the 2009 "TCL Case" and 2014 "Rudisa Case") and discusses several important issues borne out during the cases, whereas also highlighting potential or emergent issues which may emanate from these cases in the future. These cases are analysed with a view to highlighting the important role of the CCJ in interpreting the RTC.