The Caribbean Court of Justice (Dutch Dutch ( Nederlands ) is a West Germanic language spoken by over 22 million people as a native language and over 5 million people as a second language. Most native speakers live in the Netherlands, Belgium, and Suriname, with smaller groups of speakers in parts of France, Germany and several former Dutch colonies. It is closely related to other: Caribisch Hof van Justitie, French French is a Romance language spoken as a first language by about 136 million people worldwide. Around 190 million people speak French as a second language, and an additional 200 million speak it as an acquired foreign language. French speaking communities are present in 57 countries and territories. Most native speakers of the language live in: Cour Caribéenne de Justice[1] often abbreviated CCJ), established in 2001, is an institution of the Caribbean Community The Caribbean Community , is an organization of 15 Caribbean nations and dependencies. CARICOM's main purposes are to promote economic integration and cooperation among its members, to ensure that the benefits of integration are equitably shared, and to coordinate foreign policy. Its major activities involve coordinating economic policies and (CARICOM) based in Port of Spain Port of Spain is the capital of the Republic of Trinidad and Tobago and the country's third-largest municipality, after San Fernando and Chaguanas. The city has a municipal population of 49,031 , a metropolitan population of 128,026 (1990 unofficial estimate) and a transient daily population of 250,000. It is located on the Gulf of Paria, on the, Trinidad and Tobago The Republic of Trinidad and Tobago (pronounced /ˌtrɪnɪdæd ænd toʊˈbeɪgoʊ/ ) is an archipelagic state in the southern Caribbean, lying northeast of the South American country of Venezuela and south of Grenada in the Lesser Antilles. It shares maritime boundaries with other nations including Barbados to the northeast, Guyana to the. The CCJ has two jurisdictions: an Original Jurisdiction and an Appellate Jurisdiction. In its Original Jurisdiction, the Caribbean Court of Justice interprets and applies the Revised Treaty of Chaguaramas, which established the Caribbean Community and is an international court with compulsory and exclusive jurisdiction in respect of the interpretation of the treaty. In its Appellate Jurisdiction, the Caribbean Court of Justice hears appeals in both civil and criminal matters from states which have replaced the Judicial Committee of the Privy Council by the CCJ. In its Appellate Jurisdiction, the CCJ is the highest municipal court in the region. So far, Barbados, Belize and Guyana have replaced the Privy Council and acceded to the Appellate Jurisdiction of the CCJ. Barbados and Guyana acceded to the Appellate Jurisdiction in 2005. Belize did so on 1 June 2010.

Contents

History

In the aftermath of the collapse of the Federation of the West Indies, which had lasted a mere four years, from 1958 to 1962, the Anglophone continental and insular Caribbean states The Caribbean is a region consisting of the Caribbean Sea, its islands , and the surrounding coasts. The region is located southeast of the Gulf of Mexico and Northern America, east of Central America, and to the north of South America formed CARIFTA (the Caribbean Free Trade Association), with a view to maintaining an economic link among the various former and continuing colonies of the United Kingdom The United Kingdom of Great Britain and Northern Ireland[note 7] is a sovereign state located off the northwestern coast of continental Europe. It is an island country, spanning an archipelago including Great Britain, the northeastern part of the island of Ireland, and many small islands. Northern Ireland is the only part of the UK with a land after the collapse of the political bond. On 1 August 1973, the successor to CARIFTA, the Caribbean Community and Common Market, better known by its acronym, CARICOM The Caribbean Community , is an organization of 15 Caribbean nations and dependencies. CARICOM's main purposes are to promote economic integration and cooperation among its members, to ensure that the benefits of integration are equitably shared, and to coordinate foreign policy. Its major activities involve coordinating economic policies and, came into being. The founding document of CARICOM, the Treaty of Chaguaramas The Treaty of Chaguaramas established the Caribbean Community and Common Market, later known as CARICOM. It was signed on July 4, 1973 in Chaguaramas, Trinidad and Tobago, was signed by the so-called “Big Four” states: Barbados Barbados (pronounced /bɑːˈbeɪdɒs, bɑrˈbeɪdoʊs/ ) is an island nation of the Lesser Antilles, 34 kilometres (21 mi) in length and as much as 23 kilometres (14 mi) in width, amounting to 431 square kilometres (166 sq mi). It is situated in the western area of the North Atlantic Ocean and 100 kilometres (62 mi) east of the Windward Islands, Jamaica Jamaica (pronounced /dʒəˈmeɪkə/ ) is an island nation of the Greater Antilles, 234 kilometres (145 mi) in length and as much as 80 kilometres (50 mi) in width, amounting to 11,100 square kilometres (4,300 sq mi). It is situated in the Caribbean Sea, about 145 kilometres (90 mi) south of Cuba, and 190 kilometres (120 mi) west of Hispaniola,, Guyana Guyana (pronounced /ɡaɪˈænə/ gye-AN-ə), officially the Co-operative Republic of Guyana and previously known as British Guiana, is a state on the northern coast of South America that is culturally part of the Anglophone Caribbean. Guyana has been a former colony of the British, Dutch and for a brief period, the French. It is the only state of and Trinidad & Tobago The Republic of Trinidad and Tobago is an archipelagic state in the southern Caribbean, lying northeast of the South American country of Venezuela and south of Grenada in the Lesser Antilles. It shares maritime boundaries with other nations including Barbados to the northeast, Guyana to the southeast, and Venezuela to the south and west, all of which had gained their political independence from the UK during the 1960s. This signing was the starter’s signal for a more mature, though at times slow and halting process of regional integration among the states of the Commonwealth Caribbean.

In 2001, the Conference of Heads of Government of the Caribbean Community, at their 22nd meeting in Nassau, The Bahamas, signed the Revised Treaty of Chaguaramas, rebranding the Caribbean Community and Common Market to include the proposed CARICOM Single Market and Economy (CSME). The single market replacing the original Common Market A common market is a type of trade bloc which is composed of a customs union with common policies on product regulation, and freedom of movement of the factors of production and of enterprise. The goal is that the movement of capital, labour, goods, and services between the members is as easy as within them. This is the fourth stage of economic aspect of the group. Originally an Anglophone club, the admission of Dutch-speaking Suriname Suriname (pronounced /ˈsʊɹɪnɑm/ , Dutch: Suriname; Sarnami: शर्नम् Sarnam, Sranan Tongo: Sranangron or Sranankondre), officially the Republic of Suriname, is a country in northern South America in 1995, and Créole-speaking Haiti Haiti (pronounced /ˈheɪti/ ; French Haïti, pronounced: [a.iti]; Haitian Creole: Ayiti, Haitian Creole pronunciation: [ajiti]), officially the Republic of Haiti (République d'Haïti ; Repiblik Ayiti) is a Caribbean country. Along with the Dominican Republic, it occupies the island of Hispaniola, in the Greater Antillean archipelago. Ayiti (land (where French is the official language) in 2002 has somewhat modified the cultural and jurisprudential mix of the community.

Under the revised Treaty of Chaguaramas, and typical of similar international integrationist movements, CARICOM has restructured itself to include such elements as are characteristic of the modern democratic state, viz, executive, legislative and judicial arms.

The Caribbean Court of Justice (CCJ) is the Caribbean regional judicial tribunal established on 14 February 2001, by the Agreement Establishing the Caribbean Court of Justice. The agreement was signed on that date by the CARICOM states of: Antigua & Barbuda; Barbados; Belize; Grenada; Guyana; Jamaica; St. Kitts & Nevis; St. Lucia; Suriname; and Trinidad & Tobago. Two further states, Dominica and St. Vincent & The Grenadines, signed the agreement on 15 February 2003, bringing the total number of signatories to 12. The Bahamas and Haiti, though full members of CARICOM, are not yet signatories, and because of Montserrat Montserrat is a British overseas territory located in the Leeward Islands, part of the chain of islands called the Lesser Antilles in the Caribbean Sea. It measures approximately 16 km (10 miles) long and 11 km (7 miles) wide, giving 40 kilometres (25 mi) of coastline. Christopher Columbus gave Montserrat its name on his second voyage to the New's status as a British territory The British Overseas Territories are fourteen territories of the United Kingdom, which do not form part of the United Kingdom itself. They are the remnants of the British Empire that have not acquired independence or have voted to remain British territories, they must await Instruments of Entrustment from the UK in order to ratify. The Agreement Establishing the Caribbean Court of Justice came into force on 23 July 2003, and the CCJ was inaugurated on 16 April 2005 in Port of Spain, Trinidad & Tobago, is the Seat of the Court.

The CCJ is intended to be a hybrid institution: a municipal court of last resort and an international court with compulsory and exclusive jurisdiction in respect of the interpretation and application of the Treaty of Chaguaramas. On the one hand, it is vested with an original and compulsory jurisdiction with respect to the interpretation and application of the Treaty of Chaguaramas. In the exercise of this jurisdiction, the CCJ discharges the functions of an international tribunal, applying rules of international law in respect of the interpretation and application of the treaty. The CCJ thus performs functions like the European Court of Justice The European Court of Justice , is the highest court in the European Union in matters of European Union law. As a part of the Court of Justice of the European Union it is tasked with interpreting EU law and ensuring its equal application across all EU member states. The Court was established in 1952 and is based in Luxembourg. It is composed of, the Andean Court of Justice and the International Court of Justice The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands. Its main functions are to settle legal disputes submitted to it by states and to give advisory opinions on legal questions submitted to it by duly authorized international organs, agencies, and the UN. On the other, it exercises an appellate jurisdiction, as a final court of appeal for CARICOM member states, replacing the Judicial Committee of the Privy Council The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom, established by the Judicial Committee Act 1833. It is also the highest court of appeal (or court of last resort) for several independent Commonwealth countries, the UK overseas territories, and the British Crown Dependencies. It is simply referred to as (JCPC) for Anglophone member states. In the exercise of its appellate jurisdiction, the CCJ hears appeals from common law courts within the jurisdictions of parties to the Agreement Establishing the CCJ, and is the highest municipal court in the region.

The birth of the CCJ came after a long, arduous gestation. In March 1970, the Organisation of Commonwealth Caribbean Bar Associations (OCCBA) first raised the issue of the need to replace the Judicial Committee of the Privy Council as the court of last resort for the Commonwealth Caribbean by a regional court of appeal. Again in Jamaica, just a month later, at the VI Commonwealth Caribbean Heads of Government, the heads agreed to take action on relinquishing the Privy Council as the Anglophone Caribbean’s last appeal court and mandated a committee of CARICOM attorneys-general to further explore the question of the establishment of what was then being called a “Caribbean Court of Appeal”.

Further to the perceived need for an indigenous court as tribunal of last resort in criminal and civil matters in the Caribbean, other considerations eventually weighed heavily in favour of the creation of the judicial arm of CARICOM. As Duke Pollard, then Director of the Caricom Legislative Drafting Facility, wrote in 2000: "the old Treaty of Chaguaramas provided for arbitration in the event of disputes concerning the interpretation and application of the Treaty. Unfortunately, however, the arbitral procedure was never used and serious disputes were never settled, thereby causing the integration movement to be hampered. Moreover, the rights and obligations created by the CSME are so important and extensive, relating to the establishment of economic enterprises, the provision of professional services, the movement of capital, the acquisition of land for the operation of businesses, that there is a clear need to have a permanent, central, regional institution to authoritatively and definitively pronounce on those rights and corresponding obligations. The Caribbean Court of Justice is intended to be such an authoritative institution."

The official inauguration was held in Queen's Hall, Port of Spain Port of Spain is the capital of the Republic of Trinidad and Tobago and the country's third-largest municipality, after San Fernando and Chaguanas. The city has a municipal population of 49,031 , a metropolitan population of 128,026 (1990 unofficial estimate) and a transient daily population of 250,000. It is located on the Gulf of Paria, on the, Trinidad and Tobago The Republic of Trinidad and Tobago (pronounced /ˌtrɪnɪdæd ænd toʊˈbeɪgoʊ/ ) is an archipelagic state in the southern Caribbean, lying northeast of the South American country of Venezuela and south of Grenada in the Lesser Antilles. It shares maritime boundaries with other nations including Barbados to the northeast, Guyana to the, on Saturday 16 April 2005. As of 2005[update] the court's appellate jurisdiction is limited to only the CARICOM states of Barbados Barbados (pronounced /bɑːˈbeɪdɒs, bɑrˈbeɪdoʊs/ ) is an island nation of the Lesser Antilles, 34 kilometres (21 mi) in length and as much as 23 kilometres (14 mi) in width, amounting to 431 square kilometres (166 sq mi). It is situated in the western area of the North Atlantic Ocean and 100 kilometres (62 mi) east of the Windward Islands and Guyana Guyana (pronounced /ɡaɪˈænə/ gye-AN-ə), officially the Co-operative Republic of Guyana and previously known as British Guiana, is a state on the northern coast of South America that is culturally part of the Anglophone Caribbean. Guyana has been a former colony of the British, Dutch and for a brief period, the French. It is the only state of. The first case heard by the CCJ was in August 2005[2] and was to settle a 'decade-long' libel court case from Barbados.

The reasons given for the establishment of a supreme appellate court are many and varied, including a perceived regional disenfranchisement with the British The United Kingdom of Great Britain and Northern Ireland[note 7] is a sovereign state located off the northwestern coast of continental Europe. It is an island country, spanning an archipelago including Great Britain, the northeastern part of the island of Ireland, and many small islands. Northern Ireland is the only part of the UK with a land Judicial Committee of the Privy Council The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom, established by the Judicial Committee Act 1833. It is also the highest court of appeal (or court of last resort) for several independent Commonwealth countries, the UK overseas territories, and the British Crown Dependencies. It is simply referred to as.[3][4][5][6]

Controversy surrounding the establishment of this court corresponds to two major events that made the Privy Council unpopular in the Caribbean region.

Several politicians also lamented that the Caribbean nations are the only remaining region of the old British Empire still to rely on the British court system for appeals.

The Jamaica Labour Party resisted the full powers of the CCJ on the basis that it was a hanging court.

In February, 2005, the Privy Council The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom, established by the Judicial Committee Act 1833. It is also the highest court of appeal (or court of last resort) for several independent Commonwealth countries, the UK overseas territories, and the British Crown Dependencies. It is simply referred to as decalared that the CCJ-related companion bills passed by the Jamaican Parliament in 2004 were unconstitutional and therefore void. The bills would have established the CCJ as the final court of appeal in Jamaica.

The Privy Council sided with the appelants, including the Jamaican Council for Human Rights, the Jamaica Labour Party and others, ruling that to establish the CCJ as the country's final appeal court, without it being entrenched in the constitution would undermine the protection given to the Jamaican people by Chapter Seven of the Jamaican constitution. The court concluded that the procedure appropriate for an amendment of an entrenched provision—a referendum—should have been followed.

It is expected that the two Caribbean states that will have the most difficulty accessing the court will be Suriname Suriname (pronounced /ˈsʊɹɪnɑm/ , Dutch: Suriname; Sarnami: शर्नम् Sarnam, Sranan Tongo: Sranangron or Sranankondre), officially the Republic of Suriname, is a country in northern South America which has a Dutch The Netherlands (pronounced /ˈnɛðɚləndz/ ; Dutch: Nederland, pronounced [ˈneːdərlɑnt] ( listen)) is a constituent country of the Kingdom of the Netherlands, located in North-West Europe. It is a parliamentary democratic constitutional monarchy. The Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany-based legal system, and Haiti Haiti (pronounced /ˈheɪti/ ; French Haïti, pronounced: [a.iti]; Haitian Creole: Ayiti, Haitian Creole pronunciation: [ajiti]), officially the Republic of Haiti (République d'Haïti ; Repiblik Ayiti) is a Caribbean country. Along with the Dominican Republic, it occupies the island of Hispaniola, in the Greater Antillean archipelago. Ayiti (land which has a French France (pronounced /ˈfrænts/ frantss or /ˈfrɑːnts/ frahnts; French pronunciation (help·info): [fʁɑ̃s]), officially the French Republic (French: République française, pronounced: [ʁepyblik fʁɑ̃sɛz]), is a state in Western Europe with several of its overseas territories and islands located on other continents and in the Indian,-based legal system. All other member states have British-based legal systems with the CCJ itself being predominantly modeled after the British system.

Judges

As of 24 September 2006:

State Members of the Court President Judge
Trinidad and Tobago The Republic of Trinidad and Tobago (pronounced /ˌtrɪnɪdæd ænd toʊˈbeɪgoʊ/ ) is an archipelagic state in the southern Caribbean, lying northeast of the South American country of Venezuela and south of Grenada in the Lesser Antilles. It shares maritime boundaries with other nations including Barbados to the northeast, Guyana to the Michael de la Bastide 2004-
Trinidad and Tobago The Republic of Trinidad and Tobago (pronounced /ˌtrɪnɪdæd ænd toʊˈbeɪgoʊ/ ) is an archipelagic state in the southern Caribbean, lying northeast of the South American country of Venezuela and south of Grenada in the Lesser Antilles. It shares maritime boundaries with other nations including Barbados to the northeast, Guyana to the Rolston Nelson 2005-
W. Charles Anderson 2010-
Saint Vincent and the Grenadines Saint Vincent and the Grenadines (pronounced /seɪnt ˈvɪnsənt ænd ðə ˌgrɛnəˈdiːnz/ ) is a nation in the Lesser Antilles chain, namely in the southern portion of the Windward Islands, which lie at the southern end of the eastern border of the Caribbean Sea where the latter meets the Atlantic Ocean. Its 389-square-kilometre (150 sq mi) Adrian Saunders 2005-
Guyana Guyana (pronounced /ɡaɪˈænə/ gye-AN-ə), officially the Co-operative Republic of Guyana and previously known as British Guiana, is a state on the northern coast of South America that is culturally part of the Anglophone Caribbean. Guyana has been a former colony of the British, Dutch and for a brief period, the French. It is the only state of Désirée Bernard 2005-
United Kingdom The United Kingdom of Great Britain and Northern Ireland[note 7] is a sovereign state located off the northwestern coast of continental Europe. It is an island country, spanning an archipelago including Great Britain, the northeastern part of the island of Ireland, and many small islands. Northern Ireland is the only part of the UK with a land David Hayton 2005-
Netherlands Antilles The Netherlands Antilles (Dutch: Nederlandse Antillen , Papiamento: Antia Hulandes), previously known as the Netherlands West Indies or Dutch Antilles/West Indies, consists of two groups of islands that form part of the Lesser Antilles in the Caribbean Sea. The islands are Curaçao and Bonaire, which are just off the Venezuelan coast and belong to Jacob Wit 2005-

Jurisdiction by country

Barbados

Barbados presently recognizes the court for original and final jurisdictions. In 2003 the Parliament of Barbados passed the Caribbean Court of Justice Act and the Constitution (Amendment) Act, and they were brought into force by Proclamation on April 8, 2005.

See also

Notes

  1. ^ BBC Caribbean: News in Brief - see picture
  2. ^ http://news.bbc.co.uk/1/hi/world/americas/4132328.stm
  3. ^ Spurning Europe, Caribbean pushes death penalty By MIKE MELIA – Nov 11, 2008
  4. ^ Spurning Europe, Caribbean pushes death penalty By MIKE MELIA (Associated Press) – 11th November 2008
  5. ^ Letter: Colonial power over death penalty By THERESE MILLS (BBC) - Wednesday, 19 January, 2005, 19:15 GMT
  6. ^ T & T pushing death penalty Nation Newspaper - 17th January 2008
  7. ^ http://www.caribbeannetnews.com/2004/07/08/sentence.htm
  8. ^ http://www.caribbeannetnews.com/2005/02/08/sanders.shtml
  9. ^ http://news.bbc.co.uk/1/hi/world/americas/1171362.stm

References

Further reading

External links

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