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April 03, 2009
Traders go home
March 29, 2009
CARICOM secretary general to testify before CCJ
CARICOM secretary general to testify before CCJ in legal battle
Published on Friday, March 27, 2009
Print Version
By Oscar Ramjeet
Caribbean Net News Special Correspondent
PORT OF SPAIN, Trinidad:
Edwin Carrington, Secretary General of the Caribbean Community (CARICOM), has been summoned to give evidence before the Caribbean Court of Justice (CCJ) next week in a multi-million dollar legal battle between Trinidad Cement Limited (TCL) and CARICOM.
The Trinidad Guardian reported that Carrington has already given an affidavit in the matter and he will be subjected to intense cross-examination by lead attorney for TCL, Guyanese national, Dr Claude Denbow SC. Former St. Lucia Prime Minister, Dr Kenny Anthony, will team up with Anthony Astaphan, SC, to represent CARICOM before the CCJ.
The Jamaican government has joined the fray and will be represented by its Attorney General, Douglas Leys, and Candice Rochester.
The hearing will take place next Tuesday and will continue on Wednesday.
On January 15, the CCJ heard an application by the TCL for special leave to commence proceedings before the court against CARICOM under Article 222 of the Revised Treaty of Chaguaramas.
The court received written submissions from CARICOM and, at the hearing, heard the oral submissions of the applicant and the Community.
At the conclusion of the hearing, the court granted special leave to TCL as a private entity to commence proceedings against CARICOM. TCL is seeking several remedies, including a declaration that the decision of CARICOM, dated November 25, 2008, to suspend the Common External Tariff (CET) on imports of grey cement for a period of one year, was “irrational, illegal, unreasonable, null and of no effect”.
The TCL Group's principal market is the CARICOM Common Market established by the revised treaty.
The CCJ is hearing the application in its original jurisdiction.
March 22, 2009
Dominica confirms support for CCJ
Dominica confirms support for CCJ
Source: Dominica New Online
Originally published: March 21, 2009 08:01:00 PM
Dominica has officially affirmed its plans to sign on to the appelate jurisdiction of the Caribbean Court of Justice (CCJ) and abolish appeals to the British Privy Council.
According to cananews.net, Prime Minister Roosevelt Skerrit made the declaration at last week's CARICOM heads of government summit in Belize.
In an interview with the Caribbean Media Corporation (CMC), Skerrit said that he has already given instructions to engage the Bar Association as well as the political opposition, with the intention of making the decision fully a reality by year-end.
The Dominica leader meanwhile told CMC that members of the Caribbean Community (CARICOM) should state their positions regarding the CCJ, and proposed that if the region is not serious about the CCJ, it should close the Trinidad-based court.
He said a significant amount of resources have been put into the establishment of the CCJ, but with only two CARICOM states (Barbados and Guyana), accepting the CCJ as their final court of appeal. According to the CMC, Skerrit said the Privy Council has no value to the Caribbean people, and he urged countries to discontinue appeals to the British Privy Council.
The CCJ is the regional judicial tribunal which was officially inaugurated in 2005, as a substitution for the British Privy Council. The CCJ is designed to exercise both an appellate and an original jurisdiction.
March 16, 2009
CCJ... Burning issues for CARICOM leaders
EPA, world financial woes, CCJ... Burning issues for CARICOM leaders
Source: The Reporter
Published March 13, 2007
Belize this week played host to the Twentieth Inter-Sessional Meeting of the Conference of Heads of Government of the Caribbean Community (CARICOM) held at the Radisson Hotel on Thursday and Friday.
The meeting zeroed in on a number of issues affecting not only Caribbean nations, but also the Central American region.
Prime Minister Dean Barrow, who is the current Chairman of the Conference of the Heads of Government of the Caribbean Community, in his remarks at the opening on Thursday, set the stage for what the two days of discussions were all about.
He told the gathering, which included heads of states from 11 Caribbean countries, as well as a representative from Nicaragua, that key issues such as the Economic Partnership Agreement (EPA) with the European Union, the global economic and financial crisis and the Caribbean Court of Justice are issues the region must renew its energy on so as to reaffirm the purpose CARICOM citizens both demand and deserve.
“The holding of this meeting here, at the western end of the CARICOM arc, is of special significance,” Barrow told the gathering.
“At a time when thinking big is a necessity, it helps to accentuate the scope and reach of our Community. It helps to underscore the ambition of our grand enterprise. But it also helps to dramatize the problems inherent in taming what can sometimes seem like this wild beast of Caribbean integration.”
The signing of the EPA, says the Prime Minister, “has been, to put it mildly, controversial. The implementation is already throwing up its own obstacles, Mr. Barrow noted.
Barrow described many aspects of the EPA, as time-bound, revisionism and second guessing over-rated commodities.
As to the global financial crisis, Barrow said, the need is for Caribbean leaders to be remindful of what integration was designed to achieve.
He referred to the Preamble to the Revised Treaty of Chaguaramas, which states the need to promote in the CARICOM Community the highest level of efficiency in the production of goods and services “especially with a view to liberalize foreign exchange earnings on the basis of international competitiveness, attaining food security, achieving structural diversification and improving the standard of living of peoples.....”.
The global financial crisis, says Barrow, has been “hovering above us like an incubus. To posit that it should act as a spur rather than a deterrent to consolidation of our CARICOM destiny is one thing. To actually manage our processes in such a way as to make the word flesh, is quite another,” he said.
As to the creation of a single integrated economic space, Barrow says this requires not only common approaches and common policies, but common bureaucratic and administrative procedures.
“And, inevitably, in the process of adjustment to increasing global competitiveness of the whole, the relative importance and performance of individual member states will change.”
The Caribbean Court of Justice, which has been a burning topic across the Caribbean, with only Guyana and Barbados so far opting to use it as their last court of appeal, is another matter Barrow says, he felt compelled to raise in his opening remarks.
“It represents a key element of the Community’s governance process, but so far only two countries use it as their final court of appeal in civil and criminal matters.
The significance of our apparent unwillingness to replace the Privy Council with our own first class jurists, is not lost on our population. It can’t help but contribute to cynicism about the seriousness of our commitment to Caribbean identity.
“I can hardly say this just to be a scold, since Belize is, in this matter, a guilty party. I introduce the subject, rather, in order to employ precept and example.” CARICOM Secretary General, His Excellency Edwin Carrington, who also spoke at Thursday’s opening ceremony, fleshed out the gravity of the global financial crisis, which he says is also affecting Caricom countries.
“There is no exaggeration to say that the meeting is being held at a time when the world “is in its greatest crisis in most of our lifetimes.”
The tourism industry is one of the hardest hit, noted Carrington. Remittances are also fast falling to pittance, he said.
“The energy sector, including its downstream industries, has also been adversely affected as both demand and prices have plummeted. It is difficult to imagine that just seven months ago, analysts were predicting oil prices to soar to U.S. $200 a barrel. Today they stand just over U.S. $40 a barrel.”Carrington will lead a team of CARICOM official to San Ignacio on Saturday March 14, to meet with residents from the area to discus the Caribbean Community.
The event starts at 4 in the afternoon at the Sacred Heart College in San Ignacio.
Belize to abolish appeals to Privy Council and join CCJ
Belize to abolish appeals to Privy Council and join CCJ
Published on Saturday, March 14, 2009
Print Version
By Oscar Ramjeet Caribbean Net News
BELIZE CITY, Belize: Belize will rid itself of the Privy Council and will accept the Caribbean Court of Justice as its final court of appeal.
Belize Prime Minister, Dean BarrowThis announcement was made by the country's Prime Minister Dean Barrow when he addressed CARICOM leaders at the opening of the Twentieth Inter-Sessional Meeting of the Conference of Heads of Government of the Caribbean Community in Belize City on Thursday.
Barrow, who was among the first batch of West Indian trained lawyers graduating in 1975 from the Caribbean Council of Education, said, "It is my intention to end Belize's hesitation to let go to the coat tails of the Privy Council and embrace the Caribbean Court of Justice as Belize's final appellate court, thereby enhancing our Caribbean identity."
The Prime Minister, who is also Chairman of CARICOM, added, "The significance of our apparent unwillingness to replace the Privy Council with our first class jurists is not lost on our populations. It can't help to contribute to cynicism about the seriousness of our commitment to Caribbean identity.”
Barrow admitted that his country should have abolished appeals to the Privy Council long ago when he said, "I can hardly say this just to be a scold, since Belize in this matter is one of the guiltiest parties. I introduce the subject rather in order to employ precept and example. I commend the merit of the court as a critical linchpin of our government, and I also undertake to propose shortly here at home, the constitutional amendment that would allow Belize to sign on to the appellate jurisdiction.”
He took over the Belize government 13 months ago after he defeated Said Musa's party. Musa is also an attorney, but was not interested in joining the regional court. Only Guyana and Barbados have so far accepted the CCJ, which was established in April 2005, as the final court of appeal.
March 12, 2009
UWI Professors Make the Case for the CCJ
UWI Professors Make the Case for the CCJ
posted (March 11, 2009)
Source: www.7newsbelize.com
http://www.7newsbelize.com/index.php#story11
Prof. Winston Anderson, Executive Director – Caribbean Law Institute “We want to achieve the purpose of demystifying what is required and to demonstrate in fact that it is a fairly simple procedure for moving from the Privy Council to the Caribbean Court of Justice, provided that the constitutional requirements are satisfied and we don’t believe there are any insurmountable difficulties in the way of satisfying those constitutional requirements. And as I said my colleague Professor McIntosh will be speaking more in terms of the philosophical reasons why it is so critical important that we own our jurisprudence, that we own our own courts.
We just find it very mystifying as to why other countries have not signed on, particularly because it is the case that these other countries are paying for the court. The court is up and running and we have a situation where the court is operating in Trinidad and Tobago, we have very eminent judges, very respected judges – they are deciding one or two cases that come before them. But the fact is that Belize is paying for them, Jamaica is paying for this, Trinidad and Tobago – all the other countries in the region – we are paying for this court and we’re not using the court.
But we think it is an opportune moment to dialogue with the new government, to dialogue with other stakeholders in Belize to get a sense as to how quickly we can move forward because this is something now that is past due, something that I think should have happened many years ago and certainly something that we hope that can happen in the very near future.
So we expect members of the legal fraternity to be here and we welcome their presence. But equal if no more crucially we want to have a presence of, for want of better words, ordinary Belizean people because this is in an attempt to engage them in the process of discussing the court, discussing the existence of the court, discussing the importance of the court and to have their views; to solicit from them what they think about the future and then to answer any kind of concerns that they may have as to how we go forward.”
Again the forum was scheduled to begin at the UWI auditorium at 5:30 this evening. For some context, the Caribbean Court of Justice is based in Trinidad and was inaugurated four years ago. It is fully functional but only Barbados and Guyana are using it as a court of last appeal.
posted (March 11, 2009)
Source: www.7newsbelize.com
http://www.7newsbelize.com/index.php#story11
A forum on the Caribbean Court of Justice began earlier this evening at the University of the West Indies Auditorium. Noted UWI Law Professors Simeon McIntosh and Winston Anderson are presenting papers making the case for the Caribbean Court of Justice. It’s a case and a cause that not many Caribbean nations have been taking up – and Professor Anderson – who is the Executive Director of the Caribbean Law Institute Center at UWI in Barbados - says they hope to demystify the CCJ.
Prof. Winston Anderson, Executive Director – Caribbean Law Institute “We want to achieve the purpose of demystifying what is required and to demonstrate in fact that it is a fairly simple procedure for moving from the Privy Council to the Caribbean Court of Justice, provided that the constitutional requirements are satisfied and we don’t believe there are any insurmountable difficulties in the way of satisfying those constitutional requirements. And as I said my colleague Professor McIntosh will be speaking more in terms of the philosophical reasons why it is so critical important that we own our jurisprudence, that we own our own courts.
We just find it very mystifying as to why other countries have not signed on, particularly because it is the case that these other countries are paying for the court. The court is up and running and we have a situation where the court is operating in Trinidad and Tobago, we have very eminent judges, very respected judges – they are deciding one or two cases that come before them. But the fact is that Belize is paying for them, Jamaica is paying for this, Trinidad and Tobago – all the other countries in the region – we are paying for this court and we’re not using the court.
But we think it is an opportune moment to dialogue with the new government, to dialogue with other stakeholders in Belize to get a sense as to how quickly we can move forward because this is something now that is past due, something that I think should have happened many years ago and certainly something that we hope that can happen in the very near future.
So we expect members of the legal fraternity to be here and we welcome their presence. But equal if no more crucially we want to have a presence of, for want of better words, ordinary Belizean people because this is in an attempt to engage them in the process of discussing the court, discussing the existence of the court, discussing the importance of the court and to have their views; to solicit from them what they think about the future and then to answer any kind of concerns that they may have as to how we go forward.”
Again the forum was scheduled to begin at the UWI auditorium at 5:30 this evening. For some context, the Caribbean Court of Justice is based in Trinidad and was inaugurated four years ago. It is fully functional but only Barbados and Guyana are using it as a court of last appeal.
February 28, 2009
Inordinate Delay of Civil Appeal in Barbados
'Step on it' Published on: 2/28/09.
by HEATHER-LYN EVANSON
by HEATHER-LYN EVANSON
Source: Nation Newspaper, Barbados
THE ISLAND'S COURT OF APPEAL has come in for a tongue-lashing from the region's highest court.
It has to do with the length of time the local appellate court took to deliver one of its judgements.
Recently, the five judges of the Caribbean Court of Justice (CCJ) heard the civil appeal of Yolande Reid and Jerome Reid.
In their decision, the five judges spoke about the five years it took for the Court of Appeal to give its ruling.
Justice of Appeal Adrian Saunders, who delivered the judgement, said the CCJ's President Michael de la Bastide had previously spoken about the issue and had expressed the court's strong disapproval of judicial delays.
"The effectiveness of a judiciary is seriously compromised if it fails to monitor itself in respect of the time taken to deliver judgements and to arrest promptly any tendency to lapse in this aspect of its performance," said Justice Saunders.
"This is the second time we have had occasion to call attention to inordinate delays in the delivery of judgements in Barbados. We trust that effective remedial action, if not already taken, will now be taken to ensure that judgements are delivered within a reasonable time as required by the Constitution of Barbados," the appellate judge said.
The court went on to say it felt that no judgement should be outstanding for longer than six months.
"And unless a case is one of unusual difficulty or complexity, judgement should normally be delivered within three months at most," Justice of Appeal Saunders said.
Justice of Appeal Saunders sat with President of the Court de la Bastide and the Justices of Appeal Desirée Bernard, Jacob Wit and David Hayton.
February 27, 2009
Summary of Application under the Original Jurisdiction
IN THE CARIBBEAN COURT OF JUSTICE
Original Jurisdiction
CCJ Application No. OA 2 of 2009
Between
TRINIDAD CEMENT LIMITED
TCL GUYANA INCORPORATED Claimants
And
THE STATE OF THE CO-OPERATIVE
REPUBLIC OF GUYANA Defendant
The subject matter of the application relates to the suspension of the implementation of the Common External Tariff (CET) on non-CARICOM imports of cement into Guyana.
The Claimants seek the following relief in their application:-
(a) A declaration that the Republic of Guyana, a party to the Revised Treaty of Chaguaramas and a Member State of the Community has violated the provisions of Article 82 of the said Treaty by failing to implement and maintain the Common External Tariff of 15 per cent in respect of imports of building cement (grey) from non-CARICOM sources as described in the First Schedule in the Guyana Customs Act, Cap. 82:01 under the Heading numbered 2523.29.10;
(b) A declaration that the Government of Guyana as a party to the Revised Treaty of Chaguaramas and a Member State of the Caribbean Community by failing to maintain the Common External Tariff of 15% in respect of imports of building cement (grey) from non-CARICOM sources as described in the First Schedule in the Guyana Customs Act Chapter 82:01 under the heading No. 2523.29.10 has violated the right and entitlement of the Claimants to the protection of the provisions of the Revised Treaty of Chaguaramas and as a consequence the Government of Guyana is liable to pay compensation to the Claimants for any loss suffered by reason of its conduct as aforesaid;
(c) An order directing the Government of the Co-operative Republic of Guyana, a party to the Revised Treaty of Chaguaramas and a Member State of the Community, to bring its regime for imports of building cement (grey) into conformity with Article 82 of the Revised Treaty by implementing and maintaining the Common External Tariff of 15 per cent on imports of cement from non-CARICOM sources;
(d) Damages for lost income suffered by the First Claimant in its capacity as 80% shareholder in the Second Claimant in the amount of US$532,214.00 for the period January to December 2007 and continuing;
(e) Damages for lost profits suffered by the Second Claimant as a direct result of the Republic of Guyana’s failure to implement the Common External Tariff on building cement (grey) in the sum of US$2,084,540.00 for the period of January to December 2007 and continuing;
(f) Exemplary damages;
(g) Interest at such rate and for such period as the Court deems fit;
(h) An order that the costs of these proceedings be borne by the Defendant;
(i) Such further or other orders as the Honourable Court deems fit.
Any person or Contracting Party which wishes to intervene in the proceedings must file an application for leave to intervene within six (6) weeks of notification of the filing of the originating application. Part 14 of the Caribbean Court of Justice (Original Jurisdiction) Rules 2006 sets out the procedure on an application to intervene in the proceedings.
Dated the 27th day of January 2009
February 18, 2009
Challenging judgment for CARICOM
OUR CARIBBEAN: Challenging judgment for CARICOM
Published on: 2/13/09.
by RICKEY SINGH
by RICKEY SINGH
Source :Nation News
THE RELEASE on Wednesday by the Caribbean Court of Justice (CCJ) of its 16-page judgment in the case brought against the Caribbean Community by Trinidad Cement Limited (TCL) holds serious implications for the future of the region's economic integration movement.
At the core of TCL's case is that a surprising level of ill-advised suspensions involving the Community's secretary-general and the Council for Trade and Economic Development (COTED) had breached the Common External Tariff (CET) guidelines to the disadvantage of the regional enterprise.
The seven judges of the CCJ – the court empowered with original or exclusive jurisdiction in resolving trade disputes arising from interpretation and implementation of the Revised CARICOM Treaty – has granted special leave to TCL to commence proceedings to challenge the legality of the suspensions authorised by COTED and the secretary general.
Having considered written submissions as well as oral observations, the court, comprising President Michael de la Bastide and Justices Rolston Nelson, Desiree Bernard, Adrian Saunders, David Hayton, Duke Pollard and Jacob Wit, decided TCL had satisfied the conditions to challenge the CET suspension decisions. In doing so, the CCJ rejected the contention of CARICOM that to admit a direct legal challenge by "a private party" to the decision and process of the Community would "greatly hinder the functioning of the Community and constrain the exercise of sovereignty by member states . . .".
Inaugurated on April 16, 2005, in Port-of-Spain, the CCJ is currently the final appeal court for just Barbados and Guyana. It is, however, empowered with original or exclusive jurisdiction for ALL countries that are party to the Revised CARICOM Treaty.
The rulings outlined in the just-released judgement could have the effect, according to one leading regional jurist, of either strengthening or seriously weakening CARICOM. Member states will be required to conform by law to honour the treaty provisions, or amend the relevant provisions.
The essence of TCL's case is that COTED and the Community's secretary-general had acted "irrationally, unreasonably and illegally" by their suspension of the CET to facilitate Jamaica, Suriname and six countries of the Organisation of Eastern Caribbean States to import cement from extra-regional sources in contravention of treaty provisions.
In their collective judgement, the justices noted that COTED and the secretary-general had available to them an "audit report" that confirmed "the supply capacity" of the TCL group to satisfy demands within the Community. In support of this contention, it was pointed out that TCL had consistently supplied between 79 and 93 per cent of the region's demand for cement between 2001 and 2008. The forecast was that TCL would be able to supply 100 per cent of the required demand in 2009 and 93 per cent in 2010.
The judges stated that "the rule of law brings with it legal certainty and protection of rights of states and individuals alike; but at the same time, of necessity it creates legal accountability. Even if such accountability imposes some constraint upon the exercise of sovereign rights of states, the very acceptance of such a constraint in a treaty is in itself an act of sovereignty."
We must now await CARICOM's next move.
February 10, 2009
CCJ's Second Judgment under it's Original Jurisdiction
CCJ Application No. AR 3 of 2008
Trinidad Cement Ltd
And
The Caribbean Community
M. de la Bastide, President and R Nelson, D Pollard, A Saunders,
D Bernard, J Wit and D Hayton, Judges
Application for special leave to commence proceedings under Article 222 of the Revised Treaty of Chaguaramas was filed at the Court on 11th December 2008 with annexures. Parties submitted written submissions and to the public hearing was held on 15th January 2009
JUDGMENT SUMMARY
The Caribbean Community
M. de la Bastide, President and R Nelson, D Pollard, A Saunders,
D Bernard, J Wit and D Hayton, Judges
Application for special leave to commence proceedings under Article 222 of the Revised Treaty of Chaguaramas was filed at the Court on 11th December 2008 with annexures. Parties submitted written submissions and to the public hearing was held on 15th January 2009
JUDGMENT SUMMARY
COTED and the Secretary General of CARICOM authorised the suspension of the CET on cement for Jamaica and a number of OECS States. TCL, a cement manufacturer, wishes to complain against that suspension and is accordingly requesting special leave to bring an action against the Community seeking :
(1) declarations that the COTED suspension and the Secretary-General’s suspension are irrational or unreasonable, illegal and null and void;
(2) orders setting aside or quashing these suspensions;
(3) a restraining order against the Community and
(4) a mandatory injunction against the Community to revoke the suspensions and notify those affected.
At this stage the CCJ merely had to determine whether TCL had satisfied the conditions for special leave set out in Article 222 of the Revised Treaty. In determining that TCL had satisfied those conditions the CCJ rejected the contention that to admit a direct challenge by a private party to the decision and process of the Community would greatly hinder the functioning of the Community and constrain the exercise of state sovereignty by Member States parties to the Revised Treaty.
The Court stated, inter alia:
"By signing and ratifying the Revised Treaty and thereby conferring on this Court ipso facto a compulsory and exclusive jurisdiction to hear and determine disputes concerning the interpretation and application of the Revised Treaty, the Member States transformed the erstwhile voluntary arrangements in CARICOM into a rule-based system, thus creating and accepting a regional system under the rule of law. A challenge by a private party to decisions of the Community is therefore not only not precluded, but is a manifestation of such a system. Therefore it is not correct to say that by such challenge the functioning of the Community will be greatly hindered or that the exercise of state sovereignty by Member States parties to the Revised Treaty would be unduly constrained. The rule of law brings with it legal certainty and protection of rights of states and individuals alike, but at the same time of necessity it creates legal accountability. Even if such accountability imposes some constraint upon the exercise of sovereign rights of states, the very acceptance of such a constraint in a treaty is in itself an act of sovereignty."
February 09, 2009
Searching for the Silver Lining
Searching for the Silver Lining
Published: Sunday February 8, 2009
A.J. Nicholson, Contributor
Published: Sunday February 8, 2009
A.J. Nicholson, Contributor
The recent announcement by the prime minister that, by the end of this month, there will be a new governor general in Jamaica, once again brings into focus certain issues relating to the reform of our constitutional arrangements.
It has long been recognised that the method by which the appointment is made of the governor general, who is the representative of our head of state, the British monarch, is less than open and transparent, since the decision rests in the hands of one person, the prime minister.
This is not to say that there has ever been any real quarrel or dissent concerning any of the appointments that have been made since independence. Conventional wisdom, however, holds that the fulfilment of that kind of public obligation requires broader input to satisfy the dictates of transparency.
Political upheaval
Some people say that this kind of issue is really of no moment. They maintain that the status quo of the British monarch as our head of state has no economic, social or political drawback, and 'if it ain't broke don't fix it'. They say that we have not witnessed any kind of social or political upheaval that should drive us to change course in this regard, and that there are other countries which are in that same boat and have managed to climb the economic ladder with sustained success.
The obvious question that arises, therefore, is: what it is that has impelled former colonies within the British empire to change from a monarchical to a republican system of government with their own indigenous heads of state? The answer is simple, yet profound: it serves to instil the kind of confidence which propels their citizens to say and mean that they must rely on themselves to survive.
Economic headaches
And that is the kind of message that must be adopted by the peoples of nation states even in the best of times; in times of crisis, that point of significance becomes an imperative.
Indeed, others will say that this is a time of crisis and economic headaches, and that it cannot readily be expected that a people who are labouring under such stress would easily turn their minds to constitutional issues such as the appointment of the head of state and the transformation to a republican form of government.
The truth is that reasons and excuses can always be found for leadership not to embark on certain initiatives. For example, if a consensual approach had been adopted at the time of the financial crisis which gave rise to FINSAC, as a people, we would now be in a far better position to face the unprecedented economic challenges of today. The inappropriate excuse that was given by the then Opposition for 'not interfering or helping' amounted to 'you created the problem, you fix it'.
Again, when Prime Minister Patterson launched the values and attitudes initiative during the decade of the '90s, there was no cooperation from the then Opposition. In fact, it was stated by someone in the highest echelons of the Opposition that no cooperation would be forthcoming since, according to him, Patterson "did not have the moral authority" to lead such a charge.
With the necessary cooperation in such a culture changing enterprise, how much farther along the road towards a disciplined society we would now have been! It can hardly be doubted that Prime Minister Patterson has been the most accommodating leader of government that Jamaica has ever had. So that, if he did not have the moral authority to lead such a process, who then?
Further, the move towards the establishment of a social contract or social partnership was never truly embraced by the then Opposition. In fact, stakeholders met from time to time without their participation. Our journey, today, would not be as rocky as it is proving to be, had the collaboration route been adopted by them.
The outcomes from that short-sighted attitude to the conduct of public affairs now hang threa-teningly even over possible well-intentioned efforts in these times of global and national monetary trials and tribulations.
Referendum
So, the fact that we are in times of crisis should not be used as an excuse or reason for leadership to fail to pursue national goals that have long been agreed to be necessary for the development of our people.
The three main issues that have been recognised as necessary for the modernisation of our constitutional arrangements are the establishment of a republican form of government, the adoption of an up-to-date Charter of Rights and Freedoms, and de-linking from the London-based Judicial Committee of the Privy Council and subscribing to the Caribbean Court of Justice.
As far as our constitutional provisions are concerned, only the first - moving to become a republic - requires that a referendum be held. The holding of a referendum is, admittedly, a costly exercise. If, however, both political parties are agreed on the answer to be given to the question that is posed, the cost would be reduced to a minimum since campaigning would almost be non-existent.
In the case of the adoption of a new Charter of Rights, even though there are certain wrinkles that remain to be ironed out, all that is required is a two-thirds majority vote of all members of each House of Parliament.
Republican status
As far as subscribing to the Caribbean Court of Justice is concerned, there is no constitutional requirement for a referendum to be held, even though the party that forms the present government insists that such a course be taken. Again, if both parties are at one in moving in the direction of severing ties with the Privy Council, the referendum route need not be costly and, indeed, this question and that concerning the republican status could probably be put at the same time.
In any event, all that is necessary for Jamaica to subscribe fully to the Caribbean Court of Justice is a two-thirds majority vote of all the members of both Houses of Parliament, should the governing party choose to change course in this regard.
These are the kinds of efforts which serve to plant seeds of consensus, even in these unusual times, for the sustainable development of our country. Such tasks, of course, will not be easy; for these are times when people are concerned with survival and day-to- day living. Regardless, it is my view that we have no other choice than to find areas around which we may coalesce, if we are to emerge from this crisis with wholesome seeds having been planted and left to germinate in an environment of accommodation.
Three areas come immediately to mind. The first is fostering a culture of production. There are clear opportunities for local production to be enhanced. But there is an even wider and deep-rooted reason for a culture of production to be pushed. It fosters the kind of discipline that is required for the creation of the just society.
At the workplace, one cannot listen to talk radio and produce at the maximum; one cannot even produce with a passing grade with such interruption and distraction, and that is the kind of initiative that requires coaxing but which leads to cooperation, built upon an understanding that production and productivity constitute the underpinnings of personal and national development.
The second is inculcating into our people the habit of saving. One might be led to ask: how can we seek to embark upon such a project in times of financial trials and tribulation? This is precisely the time to begin, for it has to be demonstrated to our people that the habit of saving places us in a far better position to face the storms that will inevitably come upon us. The biblical story of Joseph in Egypt can go a far way in the development of part of the curriculum in schools which could assist in cementing the habit of saving as a part of the way of life of our people.
And the third opportunity comes, as I have said and will continue to project, in the form of steps that must be taken towards consensus building.
Global challenges
Jamaica has not, and could not have, escaped the prickles of the present global challenges, even though the impression had been given to the contrary by persons in high authority. After all, these are trials that the vast majority of the peoples of the planet have never encountered.
We do not wish that Jamaica should emerge from another crisis without lessons learnt. The success of nation states in tackling challenges of this sort is directly related to the approaches that are taken by the nation states themselves.
Those nation states in which bickering and proneness to confrontation constitute the guiding spirit will fail - as they usually do - to grasp the opportunities that are presented, even in times of distress. Those countries in which a consensual approach is the norm, where give and take is the natural action and reaction, in which a culture of togetherness for survival and deve-lopment is firmly set, are likely to cross the hurdles successfully.
One thing is sure, we are called to see these times as signals for searching after opportunities, personally and collectively, and searching for the silver lining.
A.J. Nicholson is opposition spokesman on justice.
January 26, 2009
Accept the Caribbean Court of Justice
A-G: Accept CCJ
Source: Nation News
Published on: 1/25/09.
by TREVOR YEARWOOD
ATTORNEY-GENERAL Freundel Stuart wants Caribbean Community (CARICOM) nations to hurry up and accept the Caribbean Court of Justice (CCJ) as the court of "last resort" on all matters.
Stuart said only Barbados and Guyana had accepted the CCJ as the final Court of Appeal instead of the Judicial Committee of Britain's Privy Council.
On the other hand, 12 CARICOM countries subscribe to the CCJ as the only body with responsibility to interpret and apply the provisions of the Treaty of Chaguaramas that set up CARICOM – and so settle trade and other disputes in the community.
Stuart, who is also Deputy Prime Minister, indicated that he wanted all CARICOM member countries to send a clear signal that they believe "justice can be delivered in the Caribbean at the same level and at the same quality" as through the Privy Council.
Stuart was at the time defending the Government against charges that it was "anti-integration" and dragging its feet on the CARICOM Single Market and Economy (CSME).
He dismissed the charges, saying: "There is no political party in the entire Caribbean and no country in the entire Caribbean that has given more to the regional integration movement than the Democratic labour Party as a party or than Barbados as a country."
Stuart said it was Barbados and Guyana who were "at the forefront of keeping the Caribbean Court of Justice alive".
While they were doing this, other countries were criticising Barbados but demonstrating that they believed their former colonial masters "are the best people to decide what is just and what is unjust for them".
He added: "They have no confidence in the people of the Caribbean. So I don't mind the talk . . . . When they demonstrate that they are committed to Caribbean people and to Caribbean values, when they demonstrate that they believe that justice can be delivered in the Caribbean at the same level and at the same quality as it was in the former mother country where the colonial masters reside, that is when most of them will qualify for my respect."
Stuart also questioned the readiness of some leaders for the CSME.
"If you are still at a stage where you do not trust your own people to dispense justice, to interpret your law, (to ensure) that justice can be done to your citizens, can you tell me that you are ready for a Caribbean Single Market and Economy?" he asked.
"You can't be ready. If you still believe that your former colonial masters have values higher than the people you want to lead, you cannot be serious about any Caribbean Single Market and Economy."
The CCJ was established in February 2001 and inaugurated on April 16, 2005.
Antigua and Barbuda, Barbados, Belize, Grenada, Guyana, Jamaica, St Kitts-Nevis, St Lucia, Suriname, and Trinidad and Tobago were the states which originally signed on to the agreement, followed by Dominica and St Vincent and the Grenadines two years later.
Source: Nation News
Published on: 1/25/09.
by TREVOR YEARWOOD
ATTORNEY-GENERAL Freundel Stuart wants Caribbean Community (CARICOM) nations to hurry up and accept the Caribbean Court of Justice (CCJ) as the court of "last resort" on all matters.
Stuart said only Barbados and Guyana had accepted the CCJ as the final Court of Appeal instead of the Judicial Committee of Britain's Privy Council.
On the other hand, 12 CARICOM countries subscribe to the CCJ as the only body with responsibility to interpret and apply the provisions of the Treaty of Chaguaramas that set up CARICOM – and so settle trade and other disputes in the community.
Stuart, who is also Deputy Prime Minister, indicated that he wanted all CARICOM member countries to send a clear signal that they believe "justice can be delivered in the Caribbean at the same level and at the same quality" as through the Privy Council.
Stuart was at the time defending the Government against charges that it was "anti-integration" and dragging its feet on the CARICOM Single Market and Economy (CSME).
He dismissed the charges, saying: "There is no political party in the entire Caribbean and no country in the entire Caribbean that has given more to the regional integration movement than the Democratic labour Party as a party or than Barbados as a country."
Stuart said it was Barbados and Guyana who were "at the forefront of keeping the Caribbean Court of Justice alive".
While they were doing this, other countries were criticising Barbados but demonstrating that they believed their former colonial masters "are the best people to decide what is just and what is unjust for them".
He added: "They have no confidence in the people of the Caribbean. So I don't mind the talk . . . . When they demonstrate that they are committed to Caribbean people and to Caribbean values, when they demonstrate that they believe that justice can be delivered in the Caribbean at the same level and at the same quality as it was in the former mother country where the colonial masters reside, that is when most of them will qualify for my respect."
Stuart also questioned the readiness of some leaders for the CSME.
"If you are still at a stage where you do not trust your own people to dispense justice, to interpret your law, (to ensure) that justice can be done to your citizens, can you tell me that you are ready for a Caribbean Single Market and Economy?" he asked.
"You can't be ready. If you still believe that your former colonial masters have values higher than the people you want to lead, you cannot be serious about any Caribbean Single Market and Economy."
The CCJ was established in February 2001 and inaugurated on April 16, 2005.
Antigua and Barbuda, Barbados, Belize, Grenada, Guyana, Jamaica, St Kitts-Nevis, St Lucia, Suriname, and Trinidad and Tobago were the states which originally signed on to the agreement, followed by Dominica and St Vincent and the Grenadines two years later.
January 19, 2009
CCJ 4 Years Later
Fourth year since CCJ inaugurated and court still being grossly under utilised
Source: Caribbean Net News
Published on Monday, January 19, 2009
Print Version
By Oscar Ramjeet
It is interesting to read that CARICOM Secretary General, Edwin Carrington has called on regional leaders to accept the Caribbean Court of Justice (CCJ) as the final court.
Carrington made reference to the statement made by Trinidad and Tobago Attorney General, Brigid Annisette-George that only the Caribbean and Mauritius still retained the Privy Council as the final court, as well as the comments made by former St Lucia Prime Minister Kenny Anthony that "countries in the forefront of decolonisation process could now find undisguised comfort in retaining the Privy Council".
I wish to point out that Anthony was Head of Government in April 2005 when the Court was established and was in office until December 2006, for about 20 months and St Lucia had not joined the Court and still has not done so.
We have entered into another year -- the fourth year since the CCJ was inaugurated -- and no other country has joined Guyana and Barbados to accept the CCJ as the final court in the region. It is very disturbing and distressing that there is no indication that any other country will join in the near future.
What is even worrying is that the Jamaica Labour Party (JLP) administration 20 years ago was in the forefront of the establishment of the CCJ, and now that administration under a new Prime Minister, Bruce Golding, which is back in power after 15 years, is no longer interested.
Trinidad and Tobago was also advocating for the Court. In fact that is the reason why the Court is now headquartered in Port of Spain, and now the twin-island Republic has not taken any positive action to abolish appeals to the Privy Council.
But although the countries like Antigua and Barbuda, Bahamas, Belize, Grenada, Dominica, Jamaica, Trinidad and Tobago, St Kitts and Nevis, St Lucia, and St Vincent and the Grenadines have not taken steps to rid the Privy Council as the final court, they could still use the CCJ in its original jurisdiction to resolve disputes between Caribbean countries that are parties to the revised Treaty of Chaguaramas, as well as international law issues, but they are not even doing this.
Since the Court was established in April 2005, 45 months ago, only two CSME matters were filed.
In fact the decision in the first matter filed by a Trinidad company against Guyana was given on Thursday.
The CCJ has recently taken steps to launch a series of public education initiatives to enhance the knowledge of the Bar and Bench in the region and to invite business, labour and members of the public to be part of the exercise. Lectures were so far held in Jamaica and Antigua and Barbuda.
It is now worrying and opposition politicians in Trinidad and Tobago, including former Attorney General, Ramesh Lawrence Maharaj, are advocating that the Court be closed because of the high operational costs, not only because of the highly paid judges, but the maintenance of the highly technical and modern Court facilities as well as the administrative and support staff.
It seems that both the government as well as the opposition have to agree to abolish appeals to the Privy Council because of the constitutional changes, and that may well be one of the reasons, but perhaps I should point out that several governments have changed since the establishment of the CCJ, including St Lucia, Bahamas, Jamaica, Belize, Grenada, but the situation remains the same. Barbados and the British Virgin Islands also have new governments, but Barbados has already joined and the BVI is a British Overseas Territory and is not a signatory to the CCJ.
Since only two of the twelve countries -- Guyana and Barbados -- have accepted the CCJ as the final appellate court, the CCJ is grossly under utilised and this is very unfortunate since it gives them little scope to develop a Caribbean jurisprudence, which I have no doubt that they are eager to do.
There was some concern in the past that the CCJ was in favour of the death penalty as opposed to the London-based Privy Council, but a recent decision by the CCJ has dispelled the fear that it was a "hanging court" as contended in some quarters, since the regional Court has demonstrated that it will look at each case on its merits.
In any event, the Jamaican Parliament recently passed a motion by a wide majority to retain the death penalty, and St Kitts recently carried out an execution.
Dr Oswald Harding, former Attorney General of Jamaica, said that he was not in favour of the composition of the CCJ and expressed concern that no Jamaican has been named as a judge, although eight highly qualified persons applied for a position. He pointed out that Jamaica has the largest population in the English-speaking Caribbean, with a figure of 2.5 million. In a more humorous vein, he said that this was like selecting a West Indies cricket team without a Jamaican.
I have time and time again advocated that CARICOM Secretariat recruit a lobbyist to try to woo both the governments and opposition to take steps to rid appeals to the Privy Council, and they should do so as quickly as possible.
Carrington's statement is not enough; CARICOM should go further and take steps to approach governments as well as opposition parties to do so.
The Heads of Government have mandated the Ministers of Finance to provide funding for the recurrent expenses of the Court for the first five years of its operation. The question is -- what happens after April 16, 2010, the expiration of the five-year period?
Source: Caribbean Net News
Published on Monday, January 19, 2009
Print Version
By Oscar Ramjeet
It is interesting to read that CARICOM Secretary General, Edwin Carrington has called on regional leaders to accept the Caribbean Court of Justice (CCJ) as the final court.
Carrington made reference to the statement made by Trinidad and Tobago Attorney General, Brigid Annisette-George that only the Caribbean and Mauritius still retained the Privy Council as the final court, as well as the comments made by former St Lucia Prime Minister Kenny Anthony that "countries in the forefront of decolonisation process could now find undisguised comfort in retaining the Privy Council".
I wish to point out that Anthony was Head of Government in April 2005 when the Court was established and was in office until December 2006, for about 20 months and St Lucia had not joined the Court and still has not done so.
We have entered into another year -- the fourth year since the CCJ was inaugurated -- and no other country has joined Guyana and Barbados to accept the CCJ as the final court in the region. It is very disturbing and distressing that there is no indication that any other country will join in the near future.
What is even worrying is that the Jamaica Labour Party (JLP) administration 20 years ago was in the forefront of the establishment of the CCJ, and now that administration under a new Prime Minister, Bruce Golding, which is back in power after 15 years, is no longer interested.
Trinidad and Tobago was also advocating for the Court. In fact that is the reason why the Court is now headquartered in Port of Spain, and now the twin-island Republic has not taken any positive action to abolish appeals to the Privy Council.
But although the countries like Antigua and Barbuda, Bahamas, Belize, Grenada, Dominica, Jamaica, Trinidad and Tobago, St Kitts and Nevis, St Lucia, and St Vincent and the Grenadines have not taken steps to rid the Privy Council as the final court, they could still use the CCJ in its original jurisdiction to resolve disputes between Caribbean countries that are parties to the revised Treaty of Chaguaramas, as well as international law issues, but they are not even doing this.
Since the Court was established in April 2005, 45 months ago, only two CSME matters were filed.
In fact the decision in the first matter filed by a Trinidad company against Guyana was given on Thursday.
The CCJ has recently taken steps to launch a series of public education initiatives to enhance the knowledge of the Bar and Bench in the region and to invite business, labour and members of the public to be part of the exercise. Lectures were so far held in Jamaica and Antigua and Barbuda.
It is now worrying and opposition politicians in Trinidad and Tobago, including former Attorney General, Ramesh Lawrence Maharaj, are advocating that the Court be closed because of the high operational costs, not only because of the highly paid judges, but the maintenance of the highly technical and modern Court facilities as well as the administrative and support staff.
It seems that both the government as well as the opposition have to agree to abolish appeals to the Privy Council because of the constitutional changes, and that may well be one of the reasons, but perhaps I should point out that several governments have changed since the establishment of the CCJ, including St Lucia, Bahamas, Jamaica, Belize, Grenada, but the situation remains the same. Barbados and the British Virgin Islands also have new governments, but Barbados has already joined and the BVI is a British Overseas Territory and is not a signatory to the CCJ.
Since only two of the twelve countries -- Guyana and Barbados -- have accepted the CCJ as the final appellate court, the CCJ is grossly under utilised and this is very unfortunate since it gives them little scope to develop a Caribbean jurisprudence, which I have no doubt that they are eager to do.
There was some concern in the past that the CCJ was in favour of the death penalty as opposed to the London-based Privy Council, but a recent decision by the CCJ has dispelled the fear that it was a "hanging court" as contended in some quarters, since the regional Court has demonstrated that it will look at each case on its merits.
In any event, the Jamaican Parliament recently passed a motion by a wide majority to retain the death penalty, and St Kitts recently carried out an execution.
Dr Oswald Harding, former Attorney General of Jamaica, said that he was not in favour of the composition of the CCJ and expressed concern that no Jamaican has been named as a judge, although eight highly qualified persons applied for a position. He pointed out that Jamaica has the largest population in the English-speaking Caribbean, with a figure of 2.5 million. In a more humorous vein, he said that this was like selecting a West Indies cricket team without a Jamaican.
I have time and time again advocated that CARICOM Secretariat recruit a lobbyist to try to woo both the governments and opposition to take steps to rid appeals to the Privy Council, and they should do so as quickly as possible.
Carrington's statement is not enough; CARICOM should go further and take steps to approach governments as well as opposition parties to do so.
The Heads of Government have mandated the Ministers of Finance to provide funding for the recurrent expenses of the Court for the first five years of its operation. The question is -- what happens after April 16, 2010, the expiration of the five-year period?
January 16, 2009
CCJ Delivers Historic Judgment Under its Original Jurisdiction
TCL, subsidiary granted special leave to sue Guyana over cement tariff
Source: Stabroek News
Source: Stabroek News
Published: January 16, 2009 in News
In a historic first judgment delivered in its original jurisdiction, the Caribbean Court of Justice (CCJ) yesterday granted special leave to two cement companies to sue Guyana over what they said was the “unilateral” suspension of the Common External Tariff (CET) on cement.
The issue of whether Trinidad Cement Ltd (TCL) and TCL Guyana Incorporated (TGI) qualified as candidates for special leave to bring proceedings before the CCJ went to the core of the court’s jurisdiction, which in addition to being the highest appellate court in the region, also exercises an original jurisdiction by interpreting and applying the treaty which establishes the Caribbean Single Market and Economy (CSME).
TCL and TGI had accused the Guyana government of breaching the Revised Treaty of Chaguaramas by unilaterally suspending the CET on cement imported from countries outside of Caricom and sought to obtain special leave from the CCJ to sue Guyana. However, the two companies first had to satisfy certain conditions. They had to establish that they were “persons, natural or judicial, of a Contracting Party”.
Caricom member states who are contracting parties may bring proceedings before the CCJ, but for a person or company to bring proceedings before the court in its original jurisdiction, the party has to get permission from the CCJ, in addition to satisfying the required conditions.
On this issue, according to an executive summary of the judgment, the CCJ panel of judges ruled that the incorporation of a company in a Caricom state (which is a party to the treaty) is enough to qualify the company as a candidate for special leave to bring proceedings. It also ruled that an individual or a company may possibly approach the CCJ to seek relief against the state of which he is a national or any other Caricom state, which is a contracting party.
The CCJ panel of judges presiding in the case comprised, President of the court, Justice Michael De La Bastide and Justices Rolston Nelson, Duke Pollard, Adrian Saunders, Desiree Bernard, Jacob Wit and David Hayton.
In the judgment on whether a national of a state party to the treaty can bring an action, the court said it rejected a literal interpretation of the relevant article, Article 222 of the Treaty and took into consideration the policy and objectives of the Treaty as disclosed both in its preamble and its substantive provisions. In the judgment, the Court held that it is possible for an individual or a company to seek relief from the CCJ for breach of a Treaty obligation undertaken by a state whether or not that individual or company is a national of the offending state.
The CCJ also held that on the material facts placed before it the applicants had established at least an arguable case that other requirements for special leave had been satisfied, but emphasized that it was making no “definite finding on those issues which the ultimate success or failure of the proceedings might turn” since the ruling has now cleared the way for the substantive arguments in the case to be heard.
Regional submissions
The CCJ had invited all contracting parties and Caricom to make submissions on the issues before it, that is, whether under Article 222 of the Treaty of Chaguaramas, which pertains to the locus standi of private entities, it is sufficient for a company to be incorporated or registered under the domestic legislation of a contracting party.Secondly, the court also sought submissions on whether Article 222 accords one who is held to be a person, natural or juridical, of a contracting party the right to sue that contracting party.
The court said yesterday that it received submissions from Caricom, Barbados, Jamaica, Trinidad and Tobago and St. Vincent and the Grenadines. Notices for submissions were sent out last July to contracting countries except Guyana.
Originating application
TCL, a limited liability company incorporated under the laws of Trinidad and Tobago and registered as an external company under the laws of Guyana, and TGI, a limited liability company incorporated under the laws of Guyana in which TCL is the major shareholder sought special leave to file an originating application claiming compensation from/and or injunctive relief against the State of Guyana over the non-application of the CET on cement.
Guyana was represented by Attorney General Doodnauth Singh. While the State of Trinidad and Tobago was entitled to appear and was served with a copy of the proceedings it indicated via counsel at the case management conference preceding the hearing that it merely wished to observe the proceedings. The originating application was filed on April 3, 2008 by the Law Offices of Dr Claude Denbow, SC.
Alleged a breachTCL and TGI alleged a breach by Guyana of the provisions of Article 82 of the revised treaty under which Guyana is obliged to establish and maintain a Common External Tariff (CET) on cement imported into Guyana from outside of Caricom. The CET is incorporated into the laws of Guyana.
According to their submission, TCL and TGI alleged that Guyana is required to establish and maintain a CET in respect of all goods which do not qualify for community treatment in accordance with plans and schedules set out in the relevant determinations of Caricom’s Council for Trade and Economic Development (COTED); that the CET on cement is imposed at the rate of 15% on imports of cement from third states as reflected in the First Schedule of the Guyana Customs Act Chapter 82:01; that the imposition of the CET on imports of cement into Guyana extra-regionally is of great commercial benefit to them because of the protection afforded to their products; and that when the CET is imposed TCL and TGI enjoy a competitive advantage over imports which do not qualify for community treatment in accordance with the treaty.
Though they confined their allegations of not enjoying such a competitive advantage to the period from January 2007 and continuing even though the suspension of the CET commenced before January 2007, they said that at present they do not enjoy such a competitive advantage because of the decision of the Guyana government to suspend the implementation of the CET.
TCL and TGI alleged too that the revised treaty provides for COTED to authorise an alteration or suspension of the CET by a member state but the government sought no permission for this but Guyana was allowing the importation of cement from extra-regional sources without paying the CET as mandated by the relevant provisions of the revised treaty.
The two cement companies contended that they fulfilled all the relevant criteria for obtaining special leave “as Guyana has breached a provision of the revised treaty intended to enure to their benefit directly and that they are prejudiced by the breach.”As “nationals” of both Trinidad and Tobago (T&T) and Guyana, they alleged that the government of both countries declined or refused to espouse their claim and as such they sought special leave to seek redress from the CCJ.
On the other hand, Guyana admitted that the country suspended the implementation of the CET on cement and that COTED had not authorised any suspension in respect of the relevant period. The suspension was justified, he submitted, by the critical shortage of the commodity Guyana faced in view of its urgent developmental needs as a “disadvantaged community” in keeping with Article 1 of the revised treaty.
Attorney general Singh submitted that TCL and TGI were guilty of abusing their dominant position in the market and the court needed to protect consumers within Caricom; and that throughout Caricom there were complaints about the inability of TCL to supply the Caribbean market and in the period between 2001 – 2007 CET waivers were sought and obtained from COTED by Suriname, T&T, Jamaica and the member countries of the Organisation of Eastern Caribbean States (OECS).
He argued that the right to institute proceedings before the court was a right peculiarly vested in “State Parties” and that judicial review in municipal proceedings would have been the more appropriate course for TCL and TGI to take; and that the bringing of proceedings by one state against the other under the revised treaty may have serious political implications for the continuation and future of Caricom because the revised treaty intends that contracting parties operate as joint partners in Caricom and the CSME and only in the event of a breach of community obligations of the greatest magnitude was it foreseeable that such proceedings would be contemplated by one state against another.
He argued, too, that the applicants must prove that they are “nationals” in terms of the revised treaty, which requires eight different conditions to be met and that the applicants had not met them.
Lastly he argued that the obligation to implement the CET pursuant to Article 82 of the revised treaty does not yield any benefit to TCL and TGI “nor do they accrue any right.” Since no right or benefit accrues to the applicants, he argued that they are ineligible for special leave more so as no casual link was established between the applicants alleged loss and the failure on the part of Guyana to implement the CET.The CCJ has delivered over 20 judgments in its appellate jurisdiction.
January 08, 2009
DRF ( Jamaica) to provide services to CCJ and CARICOM
Dispute Resolution Foundation to Celebrate 15-Year Anniversary
KINGSTON (JIS):Thursday, January 08, 2009
Source: Jamaica Information Service - JIS
Several activities have been planned to mark the Dispute Resolution Foundation's (DRF) 15th anniversary this year, which has also been proclaimed National Year for Dispute Resolution.
The activities include the launch of parish exhibitions and a schools' competition; Alternative Dispute Resolution (ADR) workshops for sports and entertainment leaders; a one-day conference for tourism leaders; a gala awards function in July; a heroes of peace family fun day and concert in October, and a thanksgiving service in December. Several parish mediation, and peace and justice centre visits are also scheduled to take place.
Details of the events were unveiled during a DRF media briefing at the Courtleigh Hotel in Kingston on Wednesday (Jan. 7).
Board member of the DRF, John Bassie said this year, the DRF will also be placing emphasis on enhancing the delivery of court and commercial mediation services under Part 74 of the Supreme Court Civil Procedure Rules, which provides for most civil cases listed for trial in the High Court, to be automatically referred to mediation, once the first defence is filed. A mediator is either selected from a designated roster within 35 days, or one is appointed by the DRF, and a date, thereafter, set for the parties involved to meet. Attorneys and clients duly authorised to settle the matter, are required to attend and endeavour to reach a settlement.
Other activities scheduled for roll out, Mr. Bassie disclosed, are the publication of a seminal study on the attitudes, concepts, and prevalence of conflicts, and violence reduction initiatives in some 30 schools; and the institution of a number of community-based justice programmes and service, in partnership with the Ministry of Justice.
Regionally, Mr. Bassie said plans are also being made to consolidate work and partnerships established with fellow stakeholders in Belize, Guyana, Trinidad and Tobago, Barbados, Bahamas, and the Organisation of Eastern Caribbean States (OECS). He further advised that the Foundation will seek to establish formal relationships with the Caribbean Community (CARICOM), to provide services to the CARICOM Single Market and Economy (CSME), the Caribbean Court of Justice, as well as in matters pertaining to the Economic Partnership Agreement (EPA).
Noting security, violence, and governance; and business disputes arising from global and local economic developments, as the two main challenges which Jamaica will have to contend with during 2009, the DRF director said that in addressing these matters, there will be need to strengthen existing partnerships, and establish new ones with several key stakeholders. These include: the Ministry of Justice; the Caribbean chapter of the Chartered Institute of Arbitrators; private corporations; international development partners; communities; and young people.
Chairman of the DRF, Novar McDonald, who also addressed 0the briefing, noted several significant achievements, which the organisation has attained during its 15 years. These, he pointed out, include: the establishment of 16 service points across the island to deal with disputes arising in communities; implementation of dispute resolution initiatives in some 30 target schools in Kingston and St. Andrew, St. Catherine, and St. James; implementation of the school suspension programme, which aims to provide youngsters who have been suspended from school with the necessary support and channels through which they can discuss matters contributing to the disruption in their attending school, while ensuring that they are in good stead with their academics.
Other achievements, which the Chairman highlighted, include a 61 per cent success rate in the cases in which the DRF has mediated, and extensive training programmes undertaken in the wider Caribbean.
Counsellor, and Head of Development Cooperation at the Canadian Agency for International Development (CIDA), one of the DRF's key partners, Lorriane Belisle, noted that both organisations have had a long-standing relationship through the Foundation's work funded by CIDA. Some of these activities include: training of correctional officers and inmates at the Tower Street Correctional Centre, and South Camp Rehab Centre in Kingston, in dispute resolution in the 1990s; design and delivery of several initiatives under the Social Conflict and Legal Reform Project, inclusive of: the establishment of community Peace and Justice Centres in Trench Town, Kingston, and Flankers, Montego Bay, St. James; and development of a Restorative Justice Policy for Jamaica.
"CIDA is committed to supporting the Government of Jamaica's justice reform agenda, and values the DRF's role as a key partner in these reforms, based on its track record of high quality, appropriate, and innovative services," Mrs. Belisle said.
The DRF was also presented with a cheque for $200,000 by Manager of Corporate and Regulatory Affairs at Carreras Limited, Rhys Campbell, which will go towards enhancing the work and activities being undertaken at the Spanish Town Peace and Justice Centre.
On Tuesday (Jan. 6), Governor-General, His Excellency, the Most Hon. Professor Sir Kenneth Hall, declared 2009 as the National Year of Dispute Resolution, during a ceremony at King's House.
December 31, 2008
Caricom and Party Politics
Caricom and party politics '08
Rickey Singh
Wednesday, December 31st 2008
Source: Trinidad Express
ALTHOUGH they all remain officially committed to the creation of a Caricom Single Market and Economy (CSME), it became evident during 2008 that there are regional governments that are not singing from the same hymn sheet.
If the long overdue inauguration of the Caricom Development Fund was one of the few encouraging developments, the reality is that the list of unfinished business to move from a single market to a single economy remains quite significant.
The promise made at last July's Heads of Government Conference in Antigua for a special stakeholders consultation on the CSME was not kept and in the face of growing concerns about the likely negative consequences for our region from the international financial crisis, Caricom leaders have not considered it necessary for a special summit.
They seem to be quietly disposed to waiting until their inter-sessional meeting in Belize in March, if not February, to deal with this issue, along with a range of other matters, CSME-readiness among them.
At the sub-regional level, the Organisation of Eastern Caribbean States (OECS) may have underscored its own uneasiness, or disappointment, with the pace of progress for the CSME's inauguration in 2015 by the decision of its 48th summit in Montserrat to press ahead towards its Economic Union in 2009.
Trinidad and Tobago has been committed by Prime Minister Patrick Manning - without any consultation with the parliamentary Opposition or private sector and labour movement - to be part of this economic union, with some adjustments.
Its citizens have time to be better informed on how and why this union must take place ahead of an even more challenging process - a regional political union embracing T&T and the OECS without, hopefully provoking fractures with the rest of Caricom which is currently engaged in initiatives to widen and deepen integration and development with our Latin American neighbours.
The report from a group of experts, established under the chairmanship of Dr Vaughn Lewis, to examine and make recommendations for the OECS/T&T economic union with an eye also on political integration, should be useful for public information. But the OECS countries have already targeted 2009 for the realisation of their proposed economic union.
The initiatives for economic and political integration by the OECS and T&T are encouraging but there are problems ahead for lack of appropriate national consultations with national stakeholders.
It is also quite ironic that while enthusiasm is being whipped up for economic union, the OECS, as well as T&T, are yet to unveil any clear action plan to access the Caribbean Court of Justice (CCJ) as their final appellate institution and put an end to the old colonial link with the Privy Council in London.
The OECS countries will also be aware of the reservations held by the Bruce Golding administration in Jamaica about the CCJ, as any firm commitment to a new and empowered administrative structure for the Caricom Secretariat that may conflict with its own notions of sovereignty.
The Antigua and Barbuda government of Baldwin Spencer is heading towards new general election while the St Lucia Labour Party of Kenny Anthony is becoming increasingly militant in pressurising the lacklustre administration of Stephenson King, clearly with an early national poll in mind.
Across in Guyana, party politics took a bad turn for the main opposition People's National Congress Reform (PNCR), with the explosion of internal differences that by year end had deteriorated into open calls for the resignation of its leader Robert Corbin.
Corbin was quite dismissive of such calls and has vowed to remain at the helm as he continues to keep hope alive for a return of his party to the power lost in 1992 after some 28 years in power.
That is an optimism not widely shared, even by those outside of the PNCR's fold with their own disenchantment and disagreements with the governing People's Progressive Party (PPP) that has its own internal leadership tensions.
In T&T, for all the reported unpopularity of Prime Minister Manning repeated failures by the Opposition parties to effect a unity platform feed cynicism about threats to continued governance by the PNM.
This is going to be quite a high profile year for Manning in the full glare of media publicity as he hosts, first the Commonwealth Summit in April and then in November the Summit of the Americas with the new US President Barack Obama and new Secretary of State Hillary Clinton as superstar participants. More on this later.
Rickey Singh
Wednesday, December 31st 2008
Source: Trinidad Express
ALTHOUGH they all remain officially committed to the creation of a Caricom Single Market and Economy (CSME), it became evident during 2008 that there are regional governments that are not singing from the same hymn sheet.
If the long overdue inauguration of the Caricom Development Fund was one of the few encouraging developments, the reality is that the list of unfinished business to move from a single market to a single economy remains quite significant.
The promise made at last July's Heads of Government Conference in Antigua for a special stakeholders consultation on the CSME was not kept and in the face of growing concerns about the likely negative consequences for our region from the international financial crisis, Caricom leaders have not considered it necessary for a special summit.
They seem to be quietly disposed to waiting until their inter-sessional meeting in Belize in March, if not February, to deal with this issue, along with a range of other matters, CSME-readiness among them.
At the sub-regional level, the Organisation of Eastern Caribbean States (OECS) may have underscored its own uneasiness, or disappointment, with the pace of progress for the CSME's inauguration in 2015 by the decision of its 48th summit in Montserrat to press ahead towards its Economic Union in 2009.
Trinidad and Tobago has been committed by Prime Minister Patrick Manning - without any consultation with the parliamentary Opposition or private sector and labour movement - to be part of this economic union, with some adjustments.
Its citizens have time to be better informed on how and why this union must take place ahead of an even more challenging process - a regional political union embracing T&T and the OECS without, hopefully provoking fractures with the rest of Caricom which is currently engaged in initiatives to widen and deepen integration and development with our Latin American neighbours.
The report from a group of experts, established under the chairmanship of Dr Vaughn Lewis, to examine and make recommendations for the OECS/T&T economic union with an eye also on political integration, should be useful for public information. But the OECS countries have already targeted 2009 for the realisation of their proposed economic union.
The initiatives for economic and political integration by the OECS and T&T are encouraging but there are problems ahead for lack of appropriate national consultations with national stakeholders.
It is also quite ironic that while enthusiasm is being whipped up for economic union, the OECS, as well as T&T, are yet to unveil any clear action plan to access the Caribbean Court of Justice (CCJ) as their final appellate institution and put an end to the old colonial link with the Privy Council in London.
The OECS countries will also be aware of the reservations held by the Bruce Golding administration in Jamaica about the CCJ, as any firm commitment to a new and empowered administrative structure for the Caricom Secretariat that may conflict with its own notions of sovereignty.
The Antigua and Barbuda government of Baldwin Spencer is heading towards new general election while the St Lucia Labour Party of Kenny Anthony is becoming increasingly militant in pressurising the lacklustre administration of Stephenson King, clearly with an early national poll in mind.
Across in Guyana, party politics took a bad turn for the main opposition People's National Congress Reform (PNCR), with the explosion of internal differences that by year end had deteriorated into open calls for the resignation of its leader Robert Corbin.
Corbin was quite dismissive of such calls and has vowed to remain at the helm as he continues to keep hope alive for a return of his party to the power lost in 1992 after some 28 years in power.
That is an optimism not widely shared, even by those outside of the PNCR's fold with their own disenchantment and disagreements with the governing People's Progressive Party (PPP) that has its own internal leadership tensions.
In T&T, for all the reported unpopularity of Prime Minister Manning repeated failures by the Opposition parties to effect a unity platform feed cynicism about threats to continued governance by the PNM.
This is going to be quite a high profile year for Manning in the full glare of media publicity as he hosts, first the Commonwealth Summit in April and then in November the Summit of the Americas with the new US President Barack Obama and new Secretary of State Hillary Clinton as superstar participants. More on this later.
December 27, 2008
Caribbean Court of Justice- Breaking New Ground
Caribbean Court of Justice - Breaking New Ground
By Deidre S. Powell
Paper Presented in Berlin, Germany - The Law and Society Association 2007
Abstract:
The Caribbean Court of Justice is the newest and most unconventional international judicial institution in the world to date. Although its membership is confined to fourteen of the smallest islands of the world, it is the first to have both an appellate jurisdiction in relation to civil and criminal law of member states and an original jurisdiction in relation to international law.
Another distinctive feature of the Court is the process for the selection of its judges. An independent body known as the Regional Judicial and Legal Services Commission, which is independent of the political system of the Member States, appoints the judges of the Court. This is the first time that a judicial appointment commission has been used in the international courts.
Such a radical deviation from the international custom has its roots in the general scepticism of the people of the region regarding the potential effectiveness of the court and the need to ensure that the court is not subjected to the manipulation of the political powers that be.
This paper will consequently highlight the unique nature of the court, with a brief look at how it differs from the established European Court of Justice. The aim is to provide an overview of the similarities and differences between the two judicial systems.
http://www.allacademic.com/meta/p_mla_apa_research_citation/1/7/7/7/4/p177743_index.html
December 24, 2008
The Caribbean Court of Justice and the Growing Influence of Unincorporated Treaties in Domestic Law
Reconsidering Dualism: The Caribbean Court of Justice and the Growing Influence of Unincorporated Treaties in Domestic Law
Author: Aaron, David M.1
Source: The Law and Practice of International Courts and Tribunals, Volume 6, Number 2, 2007 , pp. 233-268(36)
Publisher: Martinus Nijhoff Publishers, an imprint of Brill
Abstract:
In dualist states, international and domestic legal commitments have traditionally existed on entirely separate planes. Despite the evolution of international legal norms since the end of the Second World War, courts in dualist states have continually opposed using international law to interpret domestic legislation. The author suggests that the traditional dualist view, in which international treaty commitments have no domestic effect until incorporated through the dualist state's domestic legislative process, is weakening.
This paper begins with an overview of the monist-dualist distinction in international law and explains dualism's approach to the relationship between domestic and international law. The next section of the paper explores traditional dualist jurisprudence on the role of unincorporated treaties in domestic law and explains why judges have clung to a rigid application of dualism. The weakening of this inflexible approach is then examined, culminating in an analysis of the pivotal recent judgment of the Caribbean Court of Justice in Boyce. This paper concludes that dualism is waning, particularly in cases where domestic law falls short of international human rights standards, as courts demonstrate an increased willingness to use unincorporated treaties as interpretive aids when construing and applying domestic law.
December 18, 2008
Trinidad AG defends CCJ
Trinidad AG defends CCJ
Thursday December 18 2008
Thursday December 18 2008
Source: Antigua Sun
PORT-OF-SPAIN, Trinidad (CMC) – Attorney-General Bridgid Annisette-George yesterday pledged support for the Trinidad-based Caribbean Court of Justice (CCJ) after one of her predecessors called for the suspension of the regional court that is intended to replace the London-based Privy Council.
Only Barbados and Guyana are members of the appellate jurisdiction of the CCJ that was established in 2001 and inaugurated four years later to replace the Privy Council as the region’s final court. However, most of the Caribbean Community (Caricom) countries are signatories to the original jurisdiction of the court.
Annisette-George has described as “disingenuous” statements made over the weekend by former attorney-general Ramesh Lawrence Maharaj that the CCJ “has now become a non-starter as most countries in the region cannot get their population to support the abolition of the Privy Council.”
He said regional governments were spending millions of dollars on the CCJ while their citizens “are starving and have poverty problems.”
“So the whole question arises about the relevance of the CCJ,” Maharaj said, adding that in the prevailing economic situation “some effort should be made to suspend its operations and reduce its staff.”
Annisette-George said the CCJ signatories should “corral their populations to support the implementation of the relevant legislation to abolish appeals to the Privy Council,” adding “there “are about 46 matters currently filed before the CCJ–43 are appeals from Guyana and Barbados.”
She recalled that Maharaj was part of the Trinidad & Tobago government that signed the agreement establishing the CCJ, adding that those politicians had “for no justifiable reason become the proverbial turncoats.”
She said the Caribbean and Mauritius were the only remaining bastions of the British court system for appeals, questioning: “Are we going to await eviction from the Privy Council before fully accepting the CCJ?”
December 16, 2008
Call for supension of the CCJ
Former Trinidad attorney general wants Caribbean court to be suspended
Published on Tuesday, December 16, 2008
Source: Caribbean Net News
By Oscar Ramjeet -Caribbean Net News Special Correspondent
Published on Tuesday, December 16, 2008
Source: Caribbean Net News
By Oscar Ramjeet -Caribbean Net News Special Correspondent
Former attorney general of Trinidad and Tobago, Ramesh Lawrence Maharaj, a Senior Counsel, who is also the opposition Chief Whip, is calling for the suspension of the Caribbean Court of Justice (CCJ).
The Trinidad Guardian reported that Maharaj said in an interview, "The Caribbean Court of Justice has now become a non-starter as most countries in the region cannot get their population to support the abolition of the Privy Council.”
He said that the CCJ was costing regional governments millions of dollars, while citizens of these countries "are starving and have poverty problems”. “So the whole question arises about the relevance of the CCJ," Maharaj added.
The experienced lawyer/politician suggested that, against that background and in the wake of prevailing economic conditions, "some effort should be made to suspend its operations and reduce its staff". He added that regional governments were discriminating against their citizens by treating the CCJ in such a favourable manner.
The CCJ, which has an original and appellate jurisdiction, was inaugurated in 2005 and was supposed to replace the Judicial Committee of the Privy Council in England as the region's final court of appeal. Although 12 countries agreed to the establishment, only two countries, Guyana and Barbados, have formally adopted the CCJ as their final court.
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