Hostname: page-component-586b7cd67f-t7fkt Total loading time: 0 Render date: 2024-11-29T01:16:16.665Z Has data issue: false hasContentIssue false
  • English
  • Français

The Caribbean Court of Justice: A New Judicial Experience

Published online by Cambridge University Press:  28 February 2019

Désirée P. Bernard
Get access Rights & Permissions [Opens in a new window]

Extract

The inauguration of the Caribbean Court of Justice in April 2005 represented the culmination of aspirations in earlier years to establish a court of last resort for the Caribbean Region to replace the Judicial Committee of the Privy Council (The Privy Council) which was and still is for most Commonwealth Caribbean jurisdictions, the final court. These aspirations were endorsed by the legal profession through the Organisation of Commonwealth Caribbean Bar Associations (OCCBA) over thirty years ago, although the idea of such a court was not an original one having been contemplated early in the last century. The court was envisaged as a Caribbean Court of Appeal with an appellate jurisdiction hearing appeals from domestic appellate courts and an original jurisdiction to interpret regional treaties.

Type
Articles
Information
International Journal of Legal Information , Volume 37 , Issue 2 , Summer 2009 , pp. 219 - 238
Copyright
Copyright © 2009 by the International Association of Law Libraries. 

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1 Signed at Chaguaramas, Trinidad and Tobago, on 4 July, 1973.Google Scholar

2 Signed at Nassau, The Bahamas, on 5 July, 2001.Google Scholar

3 Came into force on 14 February, 2001.Google Scholar

4 Article III of the Agreement.Google Scholar

5 Barbados and Guyana.Google Scholar

6 See the Federal Supreme Court of 1950's, the British Caribbean Court of Appeal of 1960's and the present Eastern Caribbean Supreme Court with both original and appellate jurisdictions comprising Anguilla, Antigua & Barbuda, British Virgin Islands, Dominica, Grenada, Montserrat, St. Kitts & Nevis, St Lucia, St. Vincent and the Grenadines.Google Scholar

7 Preamble to the Agreement.Google Scholar

8 Article XXV.Google Scholar

9 Extracted from Professor Jacobs’ book, “The Sovereignty of Law: the European Way (Cambridge; Cambridge University Press, 2007. Professor Jacobs is Professor of Law, King's College, London, and former Advocate General of the European Court of Justice.Google Scholar

10 Article XII of the Agreement, Article 211 of the Treaty.Google Scholar

11 Article XIII of the Agreement, Article 212 of the Treaty.Google Scholar

12 Article XIV of the Agreement, Article 214 of the Treaty.Google Scholar

13 Article XV of the Agreement, Article 215 of the Treaty.Google Scholar

14 Article XVI of the Agreement, Article 216 of the Treaty.Google Scholar

15 Article XVII of the Agreement; Article 217 of the Treaty.Google Scholar

16 Article XVIII; there is no similar provision in the Treaty.Google Scholar

17 Article XX of the Agreement, Article 219 of the Treaty.Google Scholar

18 Article XXVI of the Agreement.Google Scholar

19 Article 46.Google Scholar

20 Article XXIV of the Agreement, Article 222 of the Treaty.Google Scholar

21 Article XXII of the Agreement; Article 221 of the Treaty.Google Scholar

22 Preamble to the Treaty.Google Scholar

23 Article 172.Google Scholar

24 Article 175.Google Scholar

25 Article 171.Google Scholar

26 Article 180.Google Scholar

27 Articles 187–210.Google Scholar

28 Article 223.Google Scholar

29 Article XXIII.Google Scholar

30 (2006) 69 WIR 106.Google Scholar

31 (2007) 79 WIR, 75.Google Scholar

32 CCJ Appeal No. CV 1 of 2007.Google Scholar

33 CCJ Appeal No. CV 3 of 2006.Google Scholar

34 CCJ Appeal No. CV 13 of 2007.CrossRefGoogle Scholar

35 The full texts of all of the judgments can be accessed by visiting the Court's website at www.caribbeancourtofjustice.org.Google Scholar

36 Article V of the Agreement.Google Scholar

37 Daniel Terris, Cesare P.R. Romano, Leigh Swigart, Brandeis University Press 2007.Google Scholar

38 The footnote to this was that a notable exception is the Caribbean Court of Justice; whether or not governments put forward suggestions for candidates, it should be noted that the CCJ has recently accepted applications from all interested parties regardless of origin.Google Scholar

39 Terris, et. al, supra.Google Scholar

40 Article IV.Google Scholar

41 Article IV(6).Google Scholar

42 Article IV(II).Google Scholar

43 Article IX.Google Scholar

44 Independent Jamaica Council for Human Rights Ltd –v- Hon. Syringa Marshall-Burnett & Attorney General of Jamaica (2005) PC 3; 65 WIR 268.Google Scholar

45 Article 224.Google Scholar

46 Article IX of the Agreement.Google Scholar

47 Agreed by Law Ministers and endorsed by the Commonwealth Heads of Government Meeting, Abuja, Nigeria, 2003.Google Scholar

48 Article XXVIII of the Agreement.Google Scholar

49 Preamble to the Treaty.Google Scholar

50 Article 7.Google Scholar

51 Id.Google Scholar

52 Article 32.Google Scholar

53 Article 9.Google Scholar