Description
What do we really know about the impending Caribbean Court of Justice? The vexed issue of the Court’s establishment has been the subject of much debate but how much of this debate is informed by the facts?
This new book bridges the information gap and provides an authoritative guide to the composition, function and administration of this new Court. In a comprehensive yet clear and concise style, the reader is given a background to the more contentious issues such as the funding of the Court, its constitutionality, its original and appellate jurisdiction and the process of delinking from the Privy Council.
The exposition and analysis is complemented by an Appendix which includes the Agreements Establishing the Caribbean Court of Justice and the CCJ Trust Fund as well as the accords concerning the Regional Judicial and Legal Services Commission.
The Caribbean Court of Justice: Closing the Circle of Independence is a welcomed and much-needed contribution to the ongoing debate and a valuable starting point for any stakeholder in the judicial process.
About the Author
Duke Pollard was the Director of the CARICOM Legislative Drafting Facility and one of the principal consultants on all development aspects of the Caribbean Court of Justice on which he now sits as a Judge. He has had an extensive career in legal drafting and administration and has authored numerous books, articles and presentations including The CARICOM System: Basic Instruments (2003).
Contents
Table of Cases
Foreword & Acknowledgements
- The Preparatory Phase of the Court
- Genesis and Metamorphosis of the Caribbean Court of Justice
- Developing the Rules of the Court: Appellate and Original Jurisdiction
- The Preparatory Committee: Constitution and Remit
- The CCJ in Judicial Institution Building
- Uniqueness of the Caribbean Court of Justice
- The Caribbean Court of Justice as an Integration Court
- The Caribbean Court of Justice as a Municipal Court
- The Caribbean Court of Justice in Autonomous Judicial Decision Making
- Appellate Jurisdiction of the Caribbean Court of Justice
- Appellate Jurisdiction of the Court
- Comparisons with some other Commonwealth Courts
- The Law relating to the Appellate Jurisdiction of the CCJ
- Original Jurisdiction of the Caribbean Court of Justice
- Development of International Adjudication
- Original Jurisdiction of the Caribbean Court of Justice
- The Caribbean Court of Justice in Regional Economic Development
- Delinking from the Judicial Committee of the Privy Council
- The Judicial Committee of the Privy Council’s Jurisdiction
- Regional Perspectives on Delinking
- Constitutional Procedures for Delinking
- Other Common Law Countries
- The Civil Law Countries
- The Caribbean Court of Justice in International Law
- The Caribbean Court of Justice in International Law
- The Juridical Status of the Court and Commission
- Reinforcing the Independence of the Court and Commission
- Supranationality and the CCJ
- Supranationality and the European Court of Justice
- Innovations in the CCJ’s Remit
- Caribbean Community Law and National Law
- Closing the Circle of Independence
- The Gestation Period
- Regional Perspectives on the Court
- Responding to the Challenge
- Uniformity in the Interpretation and Application of the Treaty
- Locus Standi for Both Public and Private Entities
- Development of a Community Law Pursuant to Decisions Taken Within the CARICOM Process
- Considerations on Delinking from the Privy Council
- The Curtain Falls
- Conclusion
APPENDICES
- Agreement Establishing the CCJ
- Protocol on the Agreement Establishing the CCJ
- Protocol on the Status, Privileges and Immunities of the Caribbean Court of Justice and the Regional Judicial and Legal Services Commission
- Agreement Establishing the Draft Enabling Bill to Implement the Caribbean Court of Justice
- Agreement Establishing the Seat of the Caribbean Court of Justice and Offices of the Regional Judicial and Legal Services Commission
- Agreement Establishing the CCJ Trust Fund
- Statute of the International Court of Justice
