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Published online by Cambridge University Press: 28 February 2019
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.
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
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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
