Press release 186/2007
(17 August 2007)

The Caribbean Court of Justice (CCJ) was established by the Agreement establishing the CCJ which entered into force on 23rd July 2002.

The Agreement establishing the CCJ has been signed by all 12 member States that have declared their intention to be participants in the CARICOM Single Market and Economy (CSME).

Heads of Governments of CARICOM have recognized the important function of dispute settlement procedures in a more integrated Community and an effective Single Market and Economy.

Dispute settlement mechanisms are set out in Chapter 9 of the Revised Treaty. In view of the fact that the parties to the Revised Treaty are States, and in order to provide them with ample options, the dispute settlement provisions of Chapter 9 are expansive and refer to the CCJ as well as several other methods such as:

• Good Offices
• Consultations
• Conciliation
• Mediation
• Arbitration

This CCJ Agreement provides for the establishment of a Court, which will serve as a Court of First Instance performing the important role of interpreting and applying the Revised Treaty, as set out in Article 211 of the Revised Treaty.

The Court has compulsory and exclusive jurisdiction in respect of any issue relating to the interpretation and application of the Revised Treaty. The jurisdiction is compulsory in that by becoming parties to the Revised Treaty, Member States have undertaken to accept as binding, the decisions of the CCJ in the exercise of its original jurisdiction. It is also exclusive, in that a national court of the Member States that is seized of an issue involving the interpretation or application of the Revised Treaty, is required to refer the question to the CCJ for a prior determination.

Essentially, the original jurisdiction of the CCJ entails the definitive interpretation and application of the Revised Treaty in disputes between Member States, or arising from matters referred by national courts, or in exceptional instances, brought by Community nationals. The Revised Treaty of Chaguaramas in its Preamble affirms that the Caribbean Court of Justice in its original jurisdiction is essential for the successful operation of the CSME.

This jurisdiction of the CCJ, as provided for in the Revised Treaty, is referred to as “original jurisdiction”, because all matters must originate in the Court, and are not first determined by any other court, as is the case in the Appellate Jurisdiction.

Regarding its Appellate Jurisdiction, which is separate and apart from the Original Jurisdiction, the Court will also serve as a Court of Final Appeal, replacing the Judicial Committee of the Privy Council in most instances.

This Appellate Jurisdiction of the Court is not provided for in the Revised Treaty, as it is not a feature or requirement of the CSME. It was, however, regarded as an essential step towards independence of our Member States which still retain the Privy Council as the final appellate court in the national legal systems.

Unfortunately, only two Member States, namely Guyana and Barbados, have accepted the Appellate Jurisdiction of the CCJ and incorporated it into their laws as their final Court of Appeal. In this regard, I take this opportunity to urge the other Member States to accept the Appellate Jurisdiction of the CCJ.

As early as 2004, before the Court was formally inaugurated, the community has been engaging the European Commission in discussions intended to secure support for the Court. We looked at the European Union’s own experience with the European Court of Justice, while taking into consideration that our own Caribbean Court of Justice would be called upon to play a similar role in CARICOM.

This Financing Agreement, which I am signing today as Secretary-General and Regional Authorising Officer of CARIFORUM, is the formal instrument by which the European Commission will make available to CARIFORUM, resources to be provided to the CCJ through a Grant Agreement to be signed between the Court and the European Commission. This Financing Agreement also specifies that the available resources will support a Law Library for Judges, the Court’s ICT requirements and will provide for exchanges and cooperation between the Court and the institutions of the European Union, including the ECJ. The Grant Agreement, which will be signed later, will release these resources under conditions to be mutually agreed by the Court and the European Commission.

The importance and relevance of the CCJ to the operation of the CSME cannot be overemphasized. Without the CCJ, the CSME would not be effective in the role that is envisaged for it. It would be remiss of me if I fail to acknowledge the important role the European Union plays, as the largest and most important donor in terms of regional programmes to the Caribbean. I am indeed deeply grateful to the EU for this expression of confidence in the CCJ and the Region as a whole.

Contact: piu@caricom.org