A COMMENTARY ON THE EARLY DECISIONS OF THE CARIBBEAN COURT OF JUSTICE IN ITS ORIGINAL JURISDICTION

2010 ◽  
Vol 59 (3) ◽  
pp. 761-778
Author(s):  
Adrian D Saunders

The Revised Treaty of Chaguaramas (‘the RTC’) is an attempt on the part of a group of Caribbean States to respond in a collective manner to the pressing challenges posed by the forces of globalization and liberalization. The RTC seeks, inter alia, to deepen regional economic integration through the establishment of a Caribbean Community (‘CARICOM’) including a CARICOM Single Market and Economy (‘CSME’). The States in question—Antigua & Barbuda, The Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, St Kitts and Nevis, Saint Lucia, St Vincent and the Grenadines, Suriname and Trinidad & Tobago—are for the most part former British colonies that gained their independence in the 1960s and 1970s. The RTC signals yet another important step in the tortuous path taken by these Anglophone Caribbean States ‘to avoid the looming threat of marginalization’1 following the failure in 1962 of the West Indies Federation.2 Significantly, this latest step is being taken side by side with the non English speaking civil law States of Haiti and Suriname thereby adding a new and interesting dimension to the integration process.

2020 ◽  
Vol 59 (4) ◽  
pp. 708-738
Author(s):  
Stephen Vasciannie

An Appellate Jurisdiction, which addresses municipal law cases on appeal from countries which accept this jurisdiction. To date, four Caribbean countries—Barbados, Guyana, Belize and Dominica—have accepted the appellate jurisdiction of the Court. The applicable law for each case under the appellate jurisdiction is the national law of the state from which the appeal emanates. The CCJ in its Appellate Jurisdiction is intended to replace the Judicial Committee of the Privy Council as the final court of appeal for Caribbean countries which were formerly British colonies.


Author(s):  
Salvatore Caserta ◽  
Mikael Rask Madsen

This chapter analyzes the Caribbean Court of Justice (CCJ), the creation of which was regarded as the culmination of the Caribbean’s long and protracted process toward independence from its former colonizers. Formally, the CCJ was instantaneously empowered to hear cases involving Caribbean Community law (Community law). The CCJ was also empowered to replace the Judicial Committee of the Privy Council (JCPC) in London—a last court of appeal for civil and criminal cases from the Caribbean and the most visible remnant of the British Empire’s former rule. The CCJ’s unique double jurisdiction—original over Community law and appellate over other civil and criminal matters—underscores the complex sociopolitical context and transformation of which it is a part. Ultimately, the CCJ’s growing authority has increasingly made the Court the institutional intersection for the convergence of these two different paths toward establishing the Caribbean as a legally integrated regional unity.


Freedom Roots ◽  
2019 ◽  
pp. 281-318
Author(s):  
Laurent Dubois ◽  
Richard Lee Turits

In the last decades of the twentieth century, the Caribbean saw multiple and dramatic political efforts to transform state and society. New governments sought to embrace popular classes as equal members of society as almost never before and to create unprecedented forms of equality, both economically and culturally. This chapter explores three such attempts at transformation: Jamaica under Michael Manley, Maurice Bishop and the Grenada Revolution, and Jean-Bertrand Aristide’s first government in Haiti. Unlike the Cuban Revolution, these leaders excited expectations for change within still mostly capitalist economies. Manley and Aristide led democratic governments, while Grenada sustained one-party rule. The outcomes of reform efforts in these three nations varied from enduring progress to poignant tragedy. The chapter explores the powerful challenges these new Caribbean governments faced, domestic and foreign, economic and political. It shows how after the English-speaking Caribbean gained independence in the 1960s and 1970s, their trajectories began to overlap with that of the older independent Caribbean, as national sovereignty made them suddenly more vulnerable to the region’s predominant twentieth-century empire, the United States.


2011 ◽  
Vol 73 (7) ◽  
pp. 553-572 ◽  
Author(s):  
Juliette Storr

Public service broadcasting evolved in the small states of the English speaking Caribbean as state broadcasting. As such, state broadcasting has been forced to change to compete with private broadcasters, cable, satellite and the internet. This article assesses the paradigm shift in public service broadcasting within the former British colonies of the Caribbean, with particular emphasis on Jamaica, the Bahamas, Barbados, and Trinidad and Tobago. Then the article discusses the changes in state broadcasting in the Caribbean region in recent decades in relation to market sector, audiences and digital technology. This is followed by a discussion on the policy directions, programming and mission of newly minted public service broadcasting (PSB) in the English speaking Caribbean with questions of the future of PSB in these small states.


2017 ◽  
Vol 30 (3) ◽  
pp. 579-601 ◽  
Author(s):  
SALVATORE CASERTA

AbstractThe article proposes an innovative theoretical framework outlining preconditions for Regional International Courts (RICs) to act as engines of supranationality in different institutional and socio-political contexts. In so doing, the article nuances the theoretical approaches to supranationality and supranational adjudication. The article focuses on the Central American Court of Justice (CACJ) and the Caribbean Court of Justice (CCJ). Both courts have been branded institutional copies of the Court of Justice of the European Union (CJEU); they have even borrowed key jurisprudential principles from the Luxembourg Court with the goal of expanding the reach of Central American and Caribbean Community Laws. Yet, both the CACJ and the CCJ have thus far failed to foster supranationality in their respective systems. This is because the conditions allowing RICs to become engines of integration lie, for the most part, beyond the direct control of the judges, most notably, with other institutional, political, and societal actors, such as national judges, regional organs, legal and political elites, as well as academics. The article thus suggests that RICs can become engines of supranationality only to the extent to which they are supported by a set of institutional, political, and societal pre-conditions allowing for the concrete enforcement of the rulings of the RIC at the regional and national levels.


2008 ◽  
Vol 37 (4) ◽  
pp. 334-355 ◽  
Author(s):  
Derek O'Brien ◽  
S. Foadi

The Caribbean Court of Justice, which was inaugurated in April 2005, is possessed of both an appellate and an original jurisdiction. In its original jurisdiction the Court is vested with a compulsory and exclusive power to interpret and apply the Revised Treaty of Chaguaramas which establishes the Caribbean Community (CARICOM) Single Market and Economy. This paper explores the Court's original jurisdiction and the role that it could play in promoting regional integration, taking account of the region's history and the institutional structure within which it will be expected to function.


Author(s):  
Stephen Vasciannie

Various Caribbean countries have established the Caribbean Court of Justice, and have taken steps to ensure its viability. The Court has two jurisdictions. One of these—the Original Jurisdiction—pertains to disputes arising under the Revised Treaty of Chaguaramas, the constituent treaty of the Caribbean Single Market and Economy. The other jurisdiction—the Appellate Jurisdiction—was intended from the outset to allow the Caribbean Court of Justice to serve as the final court of appeal for all Caribbean countries. The Appellate Jurisdiction, which forms the basis of this chapter, has been the subject of considerable debate. To date, only four Caribbean countries—Barbados, Guyana, Belize and Dominica—have entrusted their final appeals to the new court, with most former British colonies in the region retaining the Judicial Committee of the Privy Council for final appeals. What have been the main elements in the long and circuitous debate concerning the Appellate Jurisdiction of the Court? Why have some Caribbean States opted to retain appeals to the Privy Council? And what are the prospects concerning the Appellate Jurisdiction? The chapter considers these issues in light of the passage of more than a decade and a half since Caribbean States signed the Agreement Establishing the Caribbean Court of Justice.


Author(s):  
Salvatore Caserta ◽  
Pola Cebulak

Abstract International courts are increasingly called upon to adjudicate socially divisive disputes. They are therefore exposed to a heightened risk of backlash that questions their authority and impedes the implementation of their judgments. This article puts forward an analytical framework for mapping the resilience techniques used by international courts to counter this growing resistance. Case studies involve the Court of Justice of the European Union, which has been cautious in its stance regarding democratic backsliding in Hungary and Poland, and the Caribbean Court of Justice, which has engaged in legal diplomacy while adjudicating both on the land rights of indigenous groups and on Lesbian Gay Bisexual Transgender Queer and Intersex (LGBTQI) rights. It is argued that, in order to effectively avoid and mitigate backlash, international courts should deploy resilience techniques that go beyond merely exercising their judicial function. The successful deployment of resilience techniques can allow international courts to become significant actors in global governance during a time of crisis for the international liberal order.


Author(s):  
Salvatore Caserta

The book provides the first in-depth and empirically grounded analysis on the foundations and trajectories of gaining authority of the four Latin American and Caribbean regional economic courts: the Central American Court of Justice (CACJ), the Caribbean Court of Justice (CCJ), the Andean Tribunal of Justice (ATJ), and the Mercosur Permanent Review Court (PRC). While these courts were, on their terms, established to build common markets and to enforce trade liberalization, they have often developed bodies of jurisprudence in domains often not directly associated with regional economic integration. The CCJ has been most successful in the area of human and fundamental rights; the CACJ has addressed issues related to the enforcement of the rule of law in national legal arenas and long-standing border disputes between the countries of the region; the ATJ is an island of effective adjudication on intellectual property issues; and the PRC has significantly struggled to receive a significant number of cases to rule upon all together. The particular trajectories of the four Latin American and Caribbean Regional Economic Courts (RECs) suggest that there is no universal formula for success for these institutions and that their operational path is not necessarily a function of their formally delegated competences and/or of the will of the Member States, as it is often argued in mainstream legal and political science literature. Rather, local socio-political contextual factors—such as the historical legacies of a region, the interests and dynamics of socialization of legally and politically situated actors, the nature of national and regional politics, and legal culture—often play a far more decisive role in influencing the direction of RECs during and after their establishment.


Author(s):  
Salvatore Caserta

This chapter deals with the trajectory of gaining de facto authority of the Central American Court of Justice (CACJ), showing how, different from the Caribbean Court of Justice (CCJ), this Court has thus far failed to leave a significant mark in its operational context. In its early years, the Court fared rather well, especially in terms of its capacity to build a system of community law and to address some institutional difficulties of the Central American Integration System (SICA). However, when the Court became involved with several highly political disputes (i.e. a political clash between two former Nicaraguan Presidents and some territorial disputes among its Member States) in the early 2000s, it encountered strong resistance from several actors in its context of operation. As in the analysis of the CCJ, this chapter explains the fluctuation of the CACJ’s authority by looking at the role played by various contextual factors such as the institutional conflicts between the various organs of Central American integration, the highly polarised national politics of some of the Court’s Member States, and the divergent professional interests of the Central American legal elites.


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