Transcript The CCJ-from concept to reality”

Radha Permanand
Deputy Registrar and Deputy Marshal
Caribbean Court of Justice
History
• 4th Anniversary: April 16th 2009
• The Caribbean Court of Justice has been called by other
names:
– early 1970’s
Caribbean Court of Appeal 1
– early 1990’s
CARICOM Supreme Court
– 1999
Caribbean Court of Justice
( 19th Heads of Government Conference - Saint Lucia)
1 The Representative Committee of Organization of Commonwealth Caribbean Bar
Associations 1972
History (Cont’d) -- 1987
8th Meeting of the Conference of Heads of Government :
Proposal by Trinidad and Tobago for the establishment of Caribbean Court of Appeal
as final appellate Court for Member States of the Caribbean Community ….in place
of Privy Council.
“
in the field of law, Caribbean jurists have long ago
attained the maturity, competence and distinction to
man a Caribbean Court of Appeal with honour.
In addition, there was the direction in which the
development of English law and institutions have been
pointing which must compel the Region to take charge of
its jurisprudential destiny and move towards a West
Indian jurisprudence,
bearing in mind the existence of the regional University,
which was preparing young lawyers to carry on a legal
tradition that had not been indigenized”.
CCJ’s Hybrid Jurisdiction
The CCJ has one very unique aspect that
distinguishes it from other Courts and that is
its peculiar hybrid jurisdiction:
– the appellate jurisdiction which is in the area
of municipal law and
– the original jurisdiction which is in the area
of international law.
The Appellate Jurisdiction
• To date Barbados and Guyana have made the CCJ
their final Court of Appeal.
• Barbados enacted the Caribbean Court of
Justice Act CAP. 117 (Act 2003-9) which came into
operation on 8th April, 2005.
• Guyana enacted the Caribbean Court of Justice
Act 2004 (Act No.16 of 2004) which came into
operation on 1st April 2005.
The Appellate Jurisdiction
Barbados and Guyana have filed 47 matters in
the CCJ.
– From inception to date the CCJ has handled 47
matters (applications and appeals)
– The European Court of Justice in its first 3 years
(1953-1955) of operation has recorded on its
website 26 cases for the same period 3
3
http://curia.europa.eu/en/content/juris/index_tab.htm
The Appellate Jurisdiction
The CCJ has delivered several judgments and five
of them appear in Volume 69 of the West Indian
Reports 4
4
Barbados Rediffusion Service Ltd v. Asha Mirchandani (No.1), 69 WIR 35,
Barbados Rediffusion Service Ltd v. Asha Mirchandani (No.2), 69 WIR 52,
Griffith v Guyana Revenue Authority, 69 WIR 320, Attorney General v Joseph
and Boyce, 69 WIR 104, Cadogan v R (No.2), 69 WIR 249
The Original Jurisdiction
In developing its rules and procedure the CCJ
was able to benefit from the experiences of
similar courts like:
– the International Court of Justice,
– the European Court of Justice and
– the Court of Justice of the Common Market of
Eastern and Southern Africa.
The Original Jurisdiction
• The rules are designed to allow an applicant, a
claimant or a party, access the Court.
• The rules are for the benefit of both the Court and
persons whether attorneys or litigants appearing
before it.
• They provide the guidelines that are needed for
persons who require the services of the CCJ in its
Original Jurisdiction.
Filing of CCJ’s OJ Matters
3rd April 2008
1st OJ matter filed.
(interim judgment issued 22nd July, 2008. )
4th July 2008
11th Dec 2008
2nd OJ matter filed
3rd OJ matter filed
OJ Judgments
Issues:
 Can national sue its own state?
 What is a national?
 What category of “institutions, organs or bodies of
CARICOM” can be sued?
 What issues are justiciable before CCJ?
 What satisfies the criteria for grant of special leave?

Can national sue its own state?
 What is a national?
What category of “institutions, organs or bodies
of CARICOM” can be sued?
Article 10
Article 18
Article 21
Article 22
 What issues are justiciable
before CCJ?
What satisfies the criteria for grant
of special leave?
Thank You