The Caribbean Court of Justice Is Two Courts in One.

The Caribbean Court of Justice is two courts in one. Explain

INTRODUCTION

The time had come for the region to have a court that could address disputes that invariably would exist among Member States. This was further amplified as disputes under the original Treaty of Chaguaramas were rarely settled. Additionally, there has been many debate as to whether Sovereign nations, should still have the Judicial Committee of the Privy Council (JCPC) at the helm of their judicial system. It is against this that the Caribbean Court of Justice (“the Court”/CCJ) was established, and is considered a unique institution that will perform the functions of two courts in one. The formation of the Court is considered a bold step on the part of Member States of CARICOM, in their attempt to sever ties from the JCPC.

The Court was established to perform as the supreme judicial organ in the Caribbean Community and was mandated to perform two main functions: original and appellate jurisdiction. In its original jurisdiction it ensures uniformed interpretation and application of the Revised Treaty of Chaguaramas (“the Treaty), thereby underpinning and advancing the CARICOM Single Market and Economy (CSME). As the final court of appeal for Member States of the Caribbean Community it fosters the development of an indigenous Caribbean jurisprudence. In executing its functions, the Court is expected to provide for the region, a judicial system that is accessible, fair, efficient, innovative and impartial, built on jurisprudence reflective of the history, traditions and values of the region.

The Agreement to fully establish the Court was signed on14 February 2001 by the CARICOM states of: Antigua & Barbuda, Barbados, Belize, Grenada, Guyana, Jamaica, St. Kitts & Nevis, St. Lucia, Suriname and Trinidad and Tobago (Smith, 2010). Dominica and St. Vincent and the Grenadines, later signed the Agreement on February 2003, bringing the total number of signatories to twelve...