A CRITIQUE OF THE CARIBBEAN COURT OF JUSTICE

A CRITIQUE OF THE
CARIBBEAN COURT OF JUSTICE
With special reference to the
European Court of Justice
By
Victor Jordan, ABD(Econ.), JD [e-mail] for
The Fifth Annual SALISES Conference, Trinidad and Tobago

titled

“The CARICOM Single Market and Economy:
Legal, Political, Economic and Social Dimensions”

March 31 –April 2, 2004

The University of the West Indies,
St. Augustine, Trinidad and Tobago

INTRODUCTION
The true power of any court lies in the confidence that the prospective users have in the fairness of its decisions. The people in the region must at least structure an international court, such as the Caribbean Court of Justice (CCJ) that hopes to be the arbiter of a wide range of disputes in the Caribbean regions, in a way that will elicit confidence. In addition to resolving disputes surrounding the application and interpretation of the CARICOM treaty between member nations, a CCJ that is perceived as fair will have the potential to resolve other disputes, including that between Guyana and Surname or even Guyana and Venezuela. The current structure of the
CCJ suggests that the designers lacked the foresight to see that Haiti and Suriname would become full members of CARICOM and also foresee the possibility that in the distant future
Venezuela may also become a member of CARICOM. As these events come to pass, the CCJ as it is currently structured will be shown to be obsolete.
As currently structured, the court is designed for a purely Anglophone CARICOM, making provisions for all the peculiarities of the Anglophone region. Fundamentally, the CCJ is incongruous with the legal systems of Suriname and Haiti. Also, because of the way that judges are selected, there is not enough randomness in the selection of judges, which is important to give the appearance of fairness. All these shortcomings require a quick restructuring of the court in time for 2005, the date of the commencement of the FTAA. Given the record of success of the European Court of

References: International and Comparative Law, 1989, pp. 183-188. Codification of the Andean Subregional Integration Agreement (Cartagena Agreement), Signed March 10, 1996. Protocol of Sucre, Signed June 25, 1997. Basdeo, S. and G. Mount, The Foreign Relations of Trinidad and Tobago, 1962 - 2000, Trinidad and Tobago: LEXICON Trinidad Ltd, 2001. Best, L., “A Model of Pure Plantation Economy,” Social and Economic Studies, 1968, 17, pp. Augustine, Trinidad and Tobago: Centre for Monetary Studies, UWI. 1998. Bourne, C., Caribbean Development to the Year 2000, London: Commonwealth Secretariat/CARICOM, 1988. Boxill, I., Ideology and Caribbean Integration, Kingston, Jamaica: Consortium Graduate School of Social Sciences, 1993. Caribbean Development Bank, The First Twenty Years, Barbados: Caribbean Development Bank, 1990. CARICOM, Ten Years of CARICOM, Washington: Inter-American Development Bank, 1984. Caribbean Economy in the Twenty-First Century, Port of Spain: Caribbean Centre for Monetary Studies, 1997. Colonial Office, The Plan for British Caribbean Federation, London: Her Majesty’s Stationary Office, 1955. De Burca, G. and J.H.H. Weiler, The European Court of Justice, Oxford: Oxford University Press, 2001. Demas, W., Critical Issues in Caribbean Development, Kingston, Jamaica: Ian Randle Publishers, 1997. Demas, W., The Economics of Development in Small Countries: With Special Reference to the Caribbean, Montreal: McGill University Press, 1966. Ghany, H., Kamal: A Lifetime of Politics, Religion and Culture, San Juan, Trinidad and Tobago: Kamaluddin Mohammed, 1996. Secretariat, 1981. Hartley, T., The Foundation of European Community Law (2nd Ed), Oxford, England: Clarendon Press, 1988. Inter-American Institute of International Legal Studies, Instruments Relating to the Economic Integration of Latin America, Dobbs Ferry, New York: Oceana Publication, 1975. Guyana, 1976. Strategy and Policy for Small States in the Context of Global Change, Barbados, January 15-17, 2003 Treaty of Montevideo - 1980, Signed August 12, 1980. Lasok, K.P.E., Law & Institutions of the European Union, London: Butterworths, 2001. Martin’s Press, 1995. Lewis, W. A., “Economic Development with Unlimited Supplies of Labour,” Manchester School of Economic and Social Studies, 1954, 22, 139-191. Lewis, W. A., The Theory of Economic Growth, London: George Allen & Unwin. 1955. MERCOSUR / MERCOSUL - Southern Common Market Treaty of Asuncion, Signed March 26, 1991. Protocol of Ouro Preto, Signed December 17, 1994. Protocol of Brasilia for Solution of Controversies, Signed December 17, 1991. Mills, G. et al., Report on Review of Regional Programmes and Organisation of the Caribbean Community, Georgetown, Guyana: Caribbean Community Secretariat, 1990.