No other judgments or opinions are permitted to be given or delivered. [20][36] Given the generally low number of appeals coming from the smaller CARICOM states[7] and sometimes from larger CARICOM states such as Jamaica,[37] in effect the local courts of appeal are the courts of last resort for the majority of CARICOM litigants who cannot afford to take their appeals to the JCPC and must therefore be satisfied with the judgments of the local courts of appeal. The Jamaica Labour Party opposed granting CCJ full powers on the basis that it was a hanging court. Gifford expressed support for Phillips' earlier comments, and hoped that they would serve to stir Jamaica and other Caribbean states to leave the Privy Council and join the CCJ. [21] As with the other Judges, during the evolutionary phase of the Court (that is until the full complement of 9 Judges plus the President have been appointed), the RJLSC may extend the tenure of the President until the age of 75 or until seven years in office have been reached, whichever comes first. Browne-Wilkinson also advocated for the establishment of a regional Caribbean court of last resort. The Court attracts investment to the region by providing stability through the uniform interpretation and application of the law. In its original jurisdiction, the CCJ interprets and applies the, In its appellate jurisdiction, the CCJ hears appeals as the, One reason was the refusal of the Privy Council to allow. [22][23][24] This is in keeping with the practice of the ECJ and EFTA Court as international courts. In the three years following the CCJ's inauguration, civil appeals petitioned to the court outnumbered criminal appeals by nearly seven to one, with half of the civil appeals coming from appellants the CCJ deemed too poor to pay for the filing costs. The CCJ has exclusive and compulsory authority in interpreting and applying the Revised Treaty of Chaguaramas. 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, the seat of the Court. This was the RJLSC's second temporary home as it had previously operated from 63 Tragarete Road, Port of Spain in facilities rented and furnished by the Trinidad and Tobago government. The Caribbean Court of Justice has been held up as an model of how to choose judges for international courts. The Caribbean Court of Justice (CCJ) was established in 2001 in Port of Spain, Trinidad and Tobago. [7] In contrast to many general international tribunals or courts, the original jurisdiction of the CCJ is compulsory, requiring no pre-existing agreement. [20] In 2015, the new filing fees for the JCPC were noted as ranging from between £400 to a £5,000 or roughly US$600 to US$7,500 while the comparable fees for the CCJ remained at US$60[32] thus making the cost of filing an appeal with the JCPC at least ten times greater than filing an appeal with the CCJ. The CCJ was established in 2001 and is based in Trinidad and Tobago. The CCJ is the final Court of Appeal on civil and criminal matters for four CARICOM Members States, namely Barbados, Belize, Dominica and Guyana. [20] In the case of those nationals, such as Jamaicans, who also require visas in order to travel to the UK to pursue cases before the JCPC, there is the risk that the denial of the visa could negatively impact on the ability for their cases to be heard, thus further reducing potential accessibility (especially if the work load is not sufficient to justify the JCPC travelling to their jurisdiction instead). Unfortunately, however, the arbitral procedure was never used and serious disputes were never settled, thereby causing the integration movement to be hampered. In January 2012, the new People's National Party government of Jamaica stated that it would be moving to have the CCJ serving in both the original and appellate jurisdictions for Jamaica in time for the 50th anniversary of Jamaica's independence in August. The Bahamas and Haiti, though full members of the CARICOM, are not yet signatories, and because of Montserrat's status as a British territory, they must await Instruments of Entrustment from the UK in order to ratify. In Caribbean Community …CARICOM had officially inaugurated the Caribbean Court of Justice (CCJ), which replaced the Judicial Committee of the Privy Council in London. The official inauguration was held in Queen's Hall, Port of Spain, Trinidad and Tobago, on Saturday 16 April 2005. "I have my own views and I think it’s almost a natural progression of our constitutional development that we move away from the Privy Council and I think the Caribbean Court of Justice is likely to be the alternative to the Privy Council. From Mapcarta, the free map. [26] The commission is composed of the following persons: the President of the Court who is also the Chairman of the commission; two persons nominated jointly by the Organisation of the Commonwealth Caribbean Bar Association (OCCBA) and the Organisation of Eastern Caribbean States (OECS) Bar Association; one chairman of the Judicial Services Commission of a contracting state selected in rotation in the English alphabetical order for a period of three years; the Chairman of a Public Service Commission of a contracting state selected in rotation in the reverse English alphabetical order for a period of three years; two persons from civil society nominated jointly by the Secretary-General of the Caribbean Community and the Director General of the OECS for a period of three years following consultations with regional non-governmental organisations; two distinguished jurists nominated jointly by the Dean of the Faculty of Law of the University of the West Indies, the Deans of the Faculties of Law of any of the contracting states and the Chairman of the Council of Legal Education; and two persons nominated jointly by the Bar or Law Associations of the Contracting Parties. He expressed concern that the new Supreme Court's judges would end up spending as much as 40% of their working time on Privy Council business and was intending to take some pressure off of the Supreme Court judges by drafting in lower tier judges from the Court of Appeal to sit on cases from Commonwealth countries. The main purpose of the CCJ in the Caribbean is for us, as Caribbean people, to have our own court so we cannot be dependant on others. Photograph: Robin Utrecht/EPA Fri 10 Sep 2010 09.32 EDT 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. [20] The Judges, other than the President, are appointed or removed by a majority vote[21] of the eleven member Regional Judicial and Legal Services Commission (RJLSC),[20] which is also the body which must recommend a need of for an increase in the number of Judges (other than the President) before such an increase can be effected by the agreement of the member states. Jamaica: Minister and businessmen call for resumption of hanging, United States involvement in regime change in Latin America, Amazon Cooperation Treaty Organization (ACTO), Bolivarian Alliance for the Americas (ALBA), Central American Integration System (SICA), Community of Latin American and Caribbean States (CELAC), Forum for the Progress and Development of South America (PROSUR), Latin American Integration Association (ALADI), Organisation of Eastern Caribbean States (OECS), Organization of Ibero-American States (OEI), United Nations Economic Commission for Latin America and the Caribbean (ECLAC, CEPAL), Central America-4 Border Control Agreement, Initiative for the Integration of the Regional Infrastructure of South America (IIRSA), Dominican Republic–Central America Free Trade Agreement (CAFTA-DR), United States–Mexico–Canada Agreement (USMCA), https://en.wikipedia.org/w/index.php?title=Caribbean_Court_of_Justice&oldid=1001985465, 2001 establishments in Trinidad and Tobago, Articles with dead external links from November 2012, Articles with dead external links from September 2018, Articles with permanently dead external links, Articles containing potentially dated statements from March 2015, All articles containing potentially dated statements, Articles with unsourced statements from March 2017, All articles with specifically marked weasel-worded phrases, Articles with specifically marked weasel-worded phrases from March 2017, Wikipedia articles needing clarification from July 2015, Wikipedia articles with WORLDCATID identifiers, Creative Commons Attribution-ShareAlike License, Appointed by the Regional Judicial and Legal Services Commission from among applicants. While the administrative tribunal is constituted as a separate entity with a separate Statute, the administrative tribunal is co-located on the same premises as the CCJ,[73][74] the RJLSC does play a similar role in constituting the tribunal[74] as it does for the CCJ and in exceptional cases, judgements from the administrative tribunal can be appealed to a Review Committee composed of 5 CCJ Judges. "It's a regional court but it's also part of our development as a nation that we look to our own court for the resolution of disputes.". The Eastern Caribbean Supreme Court is a court for the OECS, including 6 independent states and 3 British Overseas. Member states cannot substitute any nominee and must await a fresh selection by the RJLSC in the event that they fail to approve an appointment for president. [60], In April 2012, the prime minister of Trinidad and Tobago Kamla Persad-Bissessar announced in Parliament that it intended to abolish criminal appeals to the Privy Council in favour of the CCJ and would be tabling legislation to that effect. In fact, the Privy Council has often been willing to accept findings by Caribbean courts on local matters because they recognize that such courts are more familiar with Caribbean matters. [48] This time the PUP blocked passage of the constitutional amendment until the dual citizenship provision was removed; after this was done, the bill passed in February 2010. For the JCPC has no explicit limit on the number of eligible jurists, while for the CCJ the initial limit is nine judges other than the president (though this limit may be increased by the agreement of all the member states). The Caribbean Court OF Justice- Belize’s Final Court of Appeal. [26], Uniquely among integrative courts, the CCJ is funded through an independent Caribbean Court of Justice Trust Fund. [20] This is especially true for cases where litigants may be unable to afford the cost of appearing before the seat of the Court and electronic and teleconferencing facilities are inadequate for the task. [84], This article is about the judicial institution of the Caribbean Community. While member states do vote in the selection of the president of the Court, political distance is maintained since it is the RJLSC alone which is responsible for selecting the nominees to the post of president for the member states to vote upon. In 2007, the People's United Party (PUP)-led government introduced the Caribbean Court of Justice Bill, but due to the opposition of United Democratic Party (UDP) members, it did not achieve the required three-fourths majority. As a unique feature of international and integration courts. It is critical to the success of the CARICOM and regional integration. Utilizing the Bangalore Principles of Judicial Conduct and the United Nations Convention against Corruption as a basis for the review, the GIZ endorsed many aspects of the CCJ's structure including the transparency and accessibility of its hearings and judgments; its use of a Code of Judicial Conduct and the high levels of adherence to this Code; the overall design of the Court itself and the RJLSC; and the recruitment and selection process for judges as handled by the RJLSC. This original Roget V. Bryan, "Towards The Development of a Caribbean Jurisprudence: The Case for Establishing a Caribbean Court of Appeal", This page was last edited on 22 January 2021, at 07:38. How the Caribbean Court of Justice benefits the Caribbean. This follows a review of the situation conducted by the government after a commitment given at the last Caricom heads of government conference in Suriname in July 2011. This led to mutual recriminations, with PM Said Musa accusing the UDP of being anti-Caribbean, while the UDP complained of the PUP's attempts to tie the CCJ Bill to the Coast Guard Bill, which the UDP supported. The Caribbean Court of Justice: A New Judicial Experience DÉSIRÉE P. BERNARD The Honorable Madam Justice Desiree Bernard is the first female judge of the Caribbean Court of Justice. At least one member of the panel is required to be an expert in international law and one judge is also required to be from the civil law tradition, reflecting the presence of civil law jurisdictions such as Suriname and Haiti. HEADS OF GOVERNMENT… https://t.co/H4enOnUAjd, CARICOM Security Ministers were on Friday attending the Twenty-Second Meeting of the Council for National Security… https://t.co/L3QJDKR6tg. [20], By contrast, judgments or advisory opinions under the original jurisdiction of the Court are published in a single judgment of the court once the majority of judges have reached a conclusion after final deliberation. For example, the Judges in the Fiji cases of Parkas (2001) and Square Caribbean Court of Justice By impregnating dicta of our own President Haynes, pertaining to the doctrine of state necessity in the Maurice Bishop murder trial in 1986. The income from the Fund is expected to finance the expenditures of the Court (remuneration of judges and other employees, operation of the court) in perpetuity. [20], A major difference though is in the pool of eligible justices from which the deciding panel is called. The ongoing debate about the establishment of the Caribbean Court of Justice (CCJ), and whether or not it would benefit the people of the Caribbean or should be the final appellant court continues. The Caribbean Court of Justice is intended to be such an authoritative institution."[7]. The reasons given for the establishment of a supreme appellate court are many and varied, including a perceived regional disenfranchisement from the British Judicial Committee of the Privy Council. It has unlimited jurisdiction in each member State. [27], The framework of the CCJ provides many layers of protection from political pressure and influence in both the appellate and original jurisdictions:[20], In January 2020, the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) of Germany, announced the results of a Judicial Integrity Scan that they had conducted on the CCJ. It has two jurisdictions: An original jurisdiction and an appellate jurisdiction. [67] Dominica acceded to the CCJ in its appellate jurisdiction on 6 March 2015. In a sense the Court is the lynchpin as it acts as the guardian of the RTC and has exclusive jurisdiction to determine disputes arising from its operation. It is a grouping of twenty countries: fifteen Member States and five Associate Members. Caribbean Court of Justice (CCJ) The Caribbean Court of Justice (CCJ) critically determines how the CARICOM Single Market and Economy (CSME) functions. [20][21] The President may be removed by the Contracting Parties only on recommendation of the RJLSC and then only after the question of the removal of the President has been referred by the RJLSC to a tribunal and the tribunal has subsequently advised that the President should be removed for an inability to carry out the duties of President or for misbehaviour. Before Grenada could accede however the bill needed to be approved by a simple majority in Senate and then be approved by a 2/3 majority referendum. A final court of appeal protecting the rights of citizens from the 12 CARICOM states. Although both courts do allow appeals in forma pauperis, waiving filing fees when they are deemed too burdensome on the individual litigant,[6] the JCPC does so on a more limited basis. Thus different decisions have been more likely to be rendered for similar fact patterns, creating inconsistencies in how laws are interpreted across the region. Also, section 12 of the Eastern Caribbean Supreme Court (Saint Vincent and the Grenadines) Act 33 provides for judges of the High Court to exercise in court all or any of the jurisdiction vested in the High Court in accordance with the practice and procedure in the High Court of Justice in England for the time being in force. [6][20][34] This combination of lower litigant cost for the CCJ, the Court's willingness to grant in forma pauperis and having a wider field of law to hear appeals on has enabled the CCJ to hear types of cases from the region that the JCPC has never known. [34] As the CARICOM has successfully pushed for visa free access by CARICOM nationals (except Haitians for now) to other member states, no citizen of any country that currently has the JCPC as its final court would need to apply for and exhaust financial resources obtaining a visa to travel to the seat of the CCJ or to any other state where the CCJ may sit. Individual litigants are expected to almost always face reductions in the costs associated with pursuing their cases whenever a switch to the CCJ is made. Box 1768, Port of Spain Republic of Trinidad and Tobago The Caribbean Court of JustICE is the Court of JustICE meant for the jurisdiction of Caribbean Community. The JCPC functions as a final appellate court in very restricted manner. The Caribbean Court of Justice has been designed to be more than a court of last resort for Member States of the Caribbean Community. President: 7 years or until age 72, extendable to age 75 until 9 judges (excluding the president) are appointed, whichever is earlier. Jamaica and other CARICOM countries are taking steps toward making the CCJ their final appellate court. Haiti is the newest Member State embraced as a member of the Caribbean Community (CARICOM). [21][28], In 1999, Trinidad and Tobago signed an Agreement with the Caribbean Community establishing the seat of the CCJ and the offices of the RJLSC in that country. Originally an Anglophone club, the admission of Dutch-speaking Suriname in 1995, and Créole-speaking Haiti (where French is the official language) in 2002 has somewhat modified the cultural and jurisprudential mix of the community. [20][21] Thus the appellate jurisdiction of the Court, in particular, could be available to a non-CARICOM Caribbean state or to CARICOM's associate member states. The possible combinations of judges available means that different decisions can be rendered for very similar fact patterns in cases. By: Isabel C. Dávila, "The Caribbean Court of Justice » Appellate Jurisdiction Judgments", "Belize Constitution Seventh Amendment Bill Tabled", "Belize Senate approves Caribbean Court of Justice", "Good Bye: Belize abolishes all appeals to Privy Council", Conrad Hamilton, "JLP ready to support Portia's CCJ bid – Opposition firm on Caribbean Court over Privy Council", Daraine Luton, "Joining CCJ should mark Jamaica, T&T's 50th, says Nicholson", "House of Representatives Votes For Jamaica To Leave The Privy Council for the CCJ", "Bills to replace Privy Council with CCJ tabled in Senate". She received the honor of the eighth CARICOM Triennial Award for Women. © Copyright 2021, All Rights Reserved  |  Caribbean Community Secretariat, Plenipotentiary Representatives accredited to CARICOM, Procurement Plan – Meetings and Trainings, Quasi-cabinet (Allocation of Regional Responsibilities), The CARICOM Single Market and Economy (CSME), Caribbean Personalities (Honorees/Awardees), Caribbean Community Administrative Tribunal. Established in 2005, it is based in Port of Spain, Trinidad and Tobago. The CCJ is the final Court of Appeal on civil and criminal matters for four CARICOM Members States, namely Barbados, Belize, Dominica and Guyana. Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube. [28], In 2005, a broadly identical Agreement was signed between Trinidad and Tobago and the newly established CCJ and RJLSC establishing the seat of the CCJ and Offices of the RJLSC in Trinidad and Tobago[78] as was required under Article III of the Agreement establishing the CCJ itself. A Discussion on the Final Appellate Court for the Commonwealth Caribbean" 2011 KSLR 126. It has two jurisdictions: An original jurisdiction and an appellate jurisdiction. It is located in Port-of-Spain, Trinidad. [55] In February, the foreign affairs minister of Jamaica has also called on Trinidad & Tobago to sign on to the court's appellate jurisdiction to mark that country's 50th anniversary of independence. This original jurisdiction of the Court provides fertile ground for the resolution of corporate trade The CCJs seat is in Port of Spain, Trinidad and Tobago. [7], In September 2009, Lord Phillips of Worth Matravers expressed sentiments close to those of Browne-Wilkinson a decade earlier. [21] During the evolutionary phase of the Court (that is until the full complement of 9 Judges plus the President have been appointed), the RJLSC may extend the tenure of a Judge until the age of 75. 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. Grenada and Antigua & Barbuda would require referenda before being able to accede, while St. Lucia and St. Vincent & the Grenadines would need a parliamentary majority approving accession along with a judicial resolution. The CCJ Trust Fund is itself administered by a Board of Trustees drawn from regional entities, many of which are independent of the influence of the governments of member states and represent both private and public interests. [72], In February 2020 a new Caribbean Community Administrative Tribunal was created with the aim of settling employment disputes for staff at CARICOM's Secretariat and other Institutions which normally (like most international organizations) enjoy immunity from lawsuits in national courts over contract disputes. While that decision would be up to the government of The Bahamas, Sir Michael said there is a "powerful argument to moving eventually toward the CCJ". His passion for advocacy led him to represent the Norman Manley Law School at the American Caribbean Law Clinic in Charlotte, North Carolina and UWI Mona at the Caribbean Court of Justice International Moot Court Competition in Trinidad and Tobago. While the CCJ has jurisdiction in all member states of the Agreement Establishing The Caribbean Court of Justice, the Agreement itself provides for the CCJ's jurisdiction to also be available to any other state within the Caribbean that CARICOM should choose invite to become a party to the Agreement. [77] This followed from the decision of the Contracting Parties for Trinidad and Tobago to serve as the headquarters[77] of the court in the 1990s and the promotion by Basdeo Panday (then Prime Minister of Trinidad and Tobago) of the CCJ and his desire to seek agreement with the Opposition to give effect to the Agreement establishing the CCJ and for Trinidad and Tobago to effectively act as the base for the Court. The Caribbean Court of Justice is intended to be such an authoritative institution. In the event that the President is unable to perform the duties of office (or if there is a vacancy in the office of President), the most senior Judge shall perform the role of President and shall be appointed to perform that role by the Chairman of the Conference of Heads of Government of CARICOM until the President can resume those functions or, in the case of a vacancy in the Presidency, until someone has been appointed to and assumes the functions of the office. [21] The RJLSC appoints persons to be Judges (or recommends persons to be President of the Court) from candidates who have distinguished themselves in their careers either practicing or teaching law for at least fifteen years or being Judges of a court of unlimited jurisdiction in civil and criminal cases for at least five years. This is done consequently as appeals "as of right" and "as of leave" (where leave is required by the local Court of Appeal or the JCPC itself). Two further states, Dominica and Saint Vincent and the Grenadines, signed the agreement on 15 February 2003, bringing the total number of signatories to 12. CARICOM is the oldest surviving integration movement in the developing world. The primary decision makers in the JCPC's pool are the privy councillors who also serve as judges on the Supreme Court of the United Kingdom and tend to be the only ones listed on the JCPC's website. [20] No Caribbean judges, however, have sat on the JCPC since 2009 when the JCPC was co-located with the new UK Supreme Court. Box 1768 Port of Spain Republic of Trinidad and Tobago. [47] The Belizean general election, 2008 resulted in the UDP taking power; new PM Dean Barrow then tabled the Belize Constitution (Seventh Amendment) Bill, which aside from replacing the Judicial Committee of the Privy Council with the CCJ, would also have removed the prohibition against dual citizens being elected to the National Assembly. [29][30], Initially being created as a replacement for the Privy Council or JCPC, and later being tasked with the original jurisdiction over the interpretation of the Revised Treaty of Chaguaramas, the CCJ replicates certain aspects of the British justice system while being divergent in other ways. In 1972 consideration was being given by the OCCBA for the proposed Caribbean Court of Appeal to serve as both a municipal court of last resort and an international tribunal to adjudicate disputes between CARICOM member states. While normal judges of the CCJ have life tenure until the age of 72, the president of the Court may only serve for one, non-renewable 7-year term. [9][10][11][12], Controversy surrounding the establishment of this court corresponds to two major events that made the Privy Council unpopular in the Caribbean region. The RJLSC does not consider potential judges by recommendations from contracting member states, but by a prospective judge's individual application. The launch and first round of the education programme in Haiti, targeted the Judiciary and Magistracy. The founding document of the CARICOM, the Treaty of Chaguaramas, was signed by the so-called "Big Four" states: Barbados, Jamaica, Guyana and Trinidad and Tobago, all of which had gained their political independence from the UK during the 1960s. Tours usually last 45 minutes, and include welcome messages, walk throughs the building, courtroom demonstrations, and opportunities to meet the judges and staff of the court. [70] Additionally three new pieces of legislation would be needed to facilitate the referendum on accession to the appellate jurisdiction – a Constitution Amendment Bill to amend the provisions of the Constitution on the Supreme Court Order, an amendment to the Referendum Act, and an amendment to the Representation of the People Act. In Port of Spain, Trinidad and Tobago JCPC functions as a Counsel in 2019 member states by of! 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