February 28, 2008

CCJ: Research Guide

The Caribbean Court of Justice: A Research Guide
Source: LLRX.com Thu, 28 Feb 2008


This guide is designed to facilitate research on the Caribbean Court of Justice, a new court which was inaugurated on April 16, 2005 in Port of Spain, Trinidad and Tobago. The court is expected to serve as a court of last resort for Caribbean states, eventually replacing the Judicial Committee of the Privy Council in the United Kingdom The guide traces the court's history and outlines its mandate and structure. It also provides information on the court's funding, its justices and recent judgments. The guide is also a useful resource for research on the Caribbean Community (CARICOM) and the CARICOM Single Market and Economy (CSME).

History of the Caribbean Court of Justice

Regional appellate courts, though short-lived, have operated in the Caribbean over the course of its history. Two important forerunners of the Caribbean Court of Justice are the itinerant West Indian Court of Appeal, established during the colonial period, and the Federal Supreme Court which operated between 1958 and 1962 when the region experimented with federal governance.
In its 1992 report, the West Indian Commission recommended the establishment of a Caribbean Supreme Court to replace the Judicial Committee of the Privy Council, a Committee considered detached from the Caribbean reality, and a constant reminder of the region's colonial past.

The Commission's recommendation was just one of a number of calls over time from various quarters for a permanent regional court in order to strengthen Caribbean jurisprudence, and promote social and economic stability. Caribbean economic and social integration led to the formation of CARICOM, which was established by the Treaty of Chaguaramas which came into force on August 1, 1973. The Revised Treaty of Chaguaramas Establishing the Caribbean Community, Including the CARICOM Single Market and Economy entered into force on January 1, 2006.

Controversy has surrounded the court even before its inauguration, and the literature on the court is replete with references to it as a "hanging court", due largely to the landmark 1993 Privy Council ruling on Pratt and Morgan, (Earl Pratt and Ivan Morgan v. The Attorney General for Jamaica, 1993) two Jamaican death row inmates whose sentences were commuted to life. The protracted stay of inmates on death row was considered cruel and inhumane treatment by the Privy Council, which ruled that the sentences of inmates on death row for more than 5 years should be commuted to life. Caribbean human rights organizations suggested that the Court's establishment was a move by regional governments to resume hanging. Critics of such organizations, however, have pointed to historical calls for the court's establishment and also point to the court's original jurisdiction with respect to the Revised Treaty of Chaguaramas.

The Court's Mandate and Structure

The Agreement Establishing the Caribbean Court of Justice entered into force on July 23, 2002. To date, 12 CARICOM member states are signatories to the Agreement. They are: Antigua & Barbuda; Barbados, Belize; Dominica; Grenada; Guyana; Jamaica; St. Kitts & Nevis; St. Lucia; St. Vincent and the Grenadines; Suriname and Trinidad & Tobago. However, only Barbados and Guyana have made the court their final appellate court. Other member states are pursuing constitutional reform in order to replace the Judicial Committee of the Privy Council.

The Court is considered unique in terms of its mandate and structure, particularly with respect to its dual jurisdictions. As a replacement of the Judicial Committee of the Privy Council, the Court will exercise an appellate jurisdiction (Part 111). In addition, the Court is vested with an original jurisdiction (Part 11, Article X1) with regard to the interpretation and application of the Treaty Establishing the Caribbean Community.

Regarding its appellate jurisdiction, the Court will review and rule on appeals arising from civil and criminal cases originating from common law courts in the jurisdiction of states party to the Agreement Establishing the Caribbean Court of Justice.

There are 7 justices of the Caribbean Court of Justice, six of whom are male. Below are the names of the justices and their citizenship:

Right Honorable Mr. Justice Michael de la Bastide - President (Trinidad & Tobago)
The Honorable Mr. Justice Rolston Nelson (Trinidad & Tobago)
The Honorable Mr. Justice Duke E.E. Pollard (Guyana)
The Honorable Mr. Justice Adrian Saunders (St. Vincent & The Grenadines)
The Honorable Madame Justice Desiree Bernard (Guyana)
The Honorable Mr. Justice David Hayton (United Kingdom)
The Honorable Mr. Justice Jacob Wit (Netherlands Antilles)

The Regional Judicial and Legal Services Commission (RJLSC) appoints judges of the Caribbean Court of Justice. The eleven-member Commission is headed by a Court President who serves as Chairman of the Commission. The other members of the commission are appointed by regional legal, educational and public sector institutions.

The President of the Court is appointed by participating Caribbean States on the Commission's recommendation and may only be removed on the Commission's recommendation. Judges may only be removed from office by a tribunal's recommendation.

Article 1X states that the President of the Court holds office "for a non-renewable term of 7 years or until he attains the age of seventy-two years". A judge of the court "shall hold office until he attains the age of seventy-two years" (Article 1X 3).

Court Rules

The following Rules of the Caribbean Court of Justice are available on the court's website: http://www.caribbeancourtofjustice.org/rules.html
The Caribbean Court of Justice (Original Jurisdiction) Rules 2005
The Caribbean Court of Justice (Original Jurisdiction) (Amendment) Rules 2006
The Caribbean Court of Justice (Appellate Jurisdiction) Rules 2005
The Caribbean Court of Justice (Appellate Jurisdiction) (Amendment) Rules 2006

The Caribbean Development Bank administers a trust fund of US$100 million to meet the court's expenses during its first five years of operation The Government of Trinidad and Tobago provided the building which currently houses the court. The Court's independent source of funding is expected to ensure its autonomy and decrease the risk of political pressure with respect to its judgments.


For a review of judgments of the court to date, please see the following http://www.caribbeancourtofjustice.org/judgments.html

Code of Ethics

The court's code of ethics is available at: http://www.caribbeancourtofjustice.org/codeofethics.html

References and Further Reading

The Caribbean Court of Justice
Agreement Establishing the Caribbean Court of Justice http://www.caribbeancourtofjustice.org/courtadministration/ccj_agreement.pdf

The Caribbean Court of Justice: How the Court Works; Original Jurisdiction. CARICOM Secretariat, 2005.

The Caribbean Court of Justice: A Unique Institution of Caribbean Creativity. Sir David Simmons. 29 Nova L. Rev. 171 (2004-2005)

The Caribbean Court of Justice: Enhancing the Law of International Organizations. Sheldon A. McDonald. 27 Fordham Int'l. L. J. 930 (2003-2004)

The Case for a Caribbean Court of Appeal. M.A. de la Bastide. 5 Caribbean L. Rev. 402-403 (1995)

The Formation of the Caribbean Court of Justice: The Sunset of British Colonial Rule in the English-Speaking Caribbean. Leonard Birdson. U. Miami Inter-Am. L. Rev. 197 (2004-2005)

The Caribbean Court of Justice: The History and Analysis of the Debate. Hugh Rawlins. CARICOM Secretariat, 2000.

The Caribbean Court of Justice: Closing the Circle of Independence. D. E. Pollard. Caribbean Law Publishing Company, 2004.

Caribbean Justice for All: The Case for a Caribbean Regional Court. Hugh Rawlins et al. Faculty of Law, University of the West Indies, Barbados. 2000.

International Dispute Resolution in Latin America: An Institutional Overview. Christian Heathley. Kluwer Law International, 2007.

Alumni Research Guide: A Guide to Researching the Caribbean Court of Justice. Rhea P. Hamilton. 27 Brooklyn Journal of International Law 531, (2002).
The CARICOM System: Basic Instruments. D.E. Pollard. Caribbean Law Publishing Company, 2003.
The Revised Treaty of Chaguaramas Establishing the Caribbean Community, Including the CARICOM Single Market and Economy http://www.caricom.org/jsp/community/revised_treaty-text.pdf

Regional Integration: A Case Study of the Caribbean Community (CARICOM) 5 Caribbean L. Rev. 85. (1995)

CARICOM Single Market and Economy: Genesis and Prognosis. Kenneth Hall & Myrtle Chuck-A-Sang. Ian Randle, 2007

Legal Problems of Caribbean Integration: A Study on the Legal Aspects of CARICOM. Hans J. Geiser et al. Sijthoff, 1976.

Report of the Secretary General of the Caribbean Community. CARICOM Secretariat (coverage: 1983 -)

CARICOM Perspective. CARICOM Secretariat (coverage 1980-)

CARICOMview: Newsletter of the CARICOM Secretariat. (coverage 1995-)

Caribbean Jurisprudence and Judicial Reform
Commonwealth Caribbean Law and Legal Systems. Rose-Marie Belle Antoine. Cavendish Publishers, 1999.

Judicial Reform in Latin America and the Caribbean: Proceedings of a World Bank Conference. Malcolm Rowat et al (eds.). Washington, D.C., World Bank, 1995.

Time for Action: Report of the West Indian Commission. Sir Shridath Ramphal. University of the West Indies Press, 1992.

Commonwealth Caribbean Public Law. Albert K. Fiadjoe. Routledge-Cavendish, 2007.
Judicial Reform in the Caribbean. William Charles, et al. Inter-American Development Bank, 1999.

The Caribbean Court of Justice http://www.caribbeancourtofjustice.org/
CARICOM Secretariat http://www.caricom.org/
Caribbean Development Bank http://www.caribank.org/
Jamaican Bar Association http://www.jambar.org.jm/jamaican_bar_association.htm
Organization of Eastern Caribbean States Bar Association (OECS Bar Association) http://www.oecsbar.org/

February 16, 2008

Jamaica Labour Party Urged to Support CCJ

JLP urged to back regional court
Source : Jamaica Gleaner
published: Wednesday February 13, 2008
The Editor, Sir:
I noted with more than passing interest your reference to the Prime Minister in a recent editorial as an "emerging regionalist". If, as I trust, this was intended to encourage him to give maximum support to regional cooperation, there is an immediate opportunity for him to do so.
As you rightly point out, the best hope for the Caribbean to meet the challenges of globalisation and international free trade lies in the area of regional cooperation in investment and production. This is what the journey towards the single market and economy is all about.
An integral part of this process of cooperation is the Caribbean Court of Justice, of which Jamaica is a member and the largest contributor to its costs. We are, however, unable to reap the full benefit of our membership because of a ruling of the Judicial Committee of the Privy Council nullifying legislation designed to make it our final court of appeal.
Practical effect
The practical effect of that decision is that the Caribbean Court of Justice cannot become our final appellate tribunal without the support and cooperation of both the Government and the parliamentary Opposition. As long as Mr Seaga was in charge of the Jamaica Labour Party, it did not seem likely that such cooperation would be forthcoming.

With Mr Golding's assumption of that position, however, there were signs of less resistance. At the instance of then Prime Minister Patterson and Mr Golding, a series of meetings were held between myself and Delroy Chuck, who was then the JLP spokesperson on these matters.

We arrived at a legislative and consultative procedure which satisfied the fundamental concerns of both parties, while being faithful to the ruling of the law lords in London. All that now remains is for the necessary legislation to be brought to Parliament. The general election intervened but this can now be done, if the Jamaica Labour Party finally and firmly adopts a policy of support for the court as part of the process of regional cooperation.

Desirable objective
Regional economic cooperation has always been a desirable objective. A regional appellate court, established by the region for the region, is a signal plank of that cooperation. Taking into account pressing matters relating to justice and security, such cooperation, as you have properly suggested, has now moved from the desirable to the imperative.

Mr Golding has also been exhorting others within the CARICOM family to eschew "mendicancy" and to free themselves "from the psychological shackles of slavery", in relation to the countries of CARIFORUM subscribing to the economic partnership agreement with the European Union in its present form.

It is indeed ironic that, for decades, influential voices within the region have insisted that mendicancy and mental slavery are two of the foundation stones upon which continued resistance to de-linking from the Judicial Committee of the Privy Council are erected.

The ball is, therefore, now in the Prime Minister's court to show good faith by setting the stage for Jamaicans to remove that real or perceived beam from our collective eye.

I am, etc.,
Spokesman on Justice