THE CARIBBEAN COURT OF JUSTICE goods, and services, and ultimately, the free movement of people across the borders of national states.4 A new legal architecture is being designed, and central to the new Commonwealth Caribbean of the twenty-first century will be the Caribbean Court of Justice (CCJ). Read More about the song, download the lyrics, music sheet, and alternate versions. The constant disrespect being meted out to Jamaicans when travelling to Trinidad is causing many to question the relevance of CARICOM to Jamaica. Individuals are not prepared to accept a decision made by so-called experts, by a board of judges, or by a dictator. Law, Plea Bargaining Paper In coming to this conclusion the court was influenced by the history between the state and the Maya including an agreement between the two parties in which the government agreed to take certain steps to identify and protect Maya lands, rulings of the Belize Supreme Court, and recommendations of the Inter-American Commission on Human Rights. These advantages can put a bad taste in the prosecutors mouth about the defendant if their plea isn't sincere the system have to feel where you are coming from and also agree with This is a logical suggestion because in its original jurisdiction, the Caribbean Court of Justice interprets and applies the Revised Treaty of Chaguaramas, which is the agreement governing CARICOM. Additionally, proponents of regional integration like to argue that the economy would be less productive if Jamaica left CARICOM as if this were an empirical fact. Another reason was the refusal of the Privy Council to allow capital punishment for persons convicted of murder in Caribbean states, even though a majority of the people in the relevant jurisdictions supported the death penalty. Therefore, leaders in the public and private sectors need to conduct studies to outline the pros and cons of Jamaica exiting CARICOM. The Supreme Court of India comprises one Chief Justice of India and 33 other judges. Appeal From Nassau to Grand Cayman, 6 Islands for Your March Vacation: British Airways Is Launching New Nonstop Flights to Trinidad: Playa Just Added Another All-Inclusive Resort in Cancun: In St Thomas, a Must-Visit Caribbean Carnival: InterCaribbean Is Adding More Saint Lucia Flights: At This Caribbean All-Inclusive, A New Way to Enjoy the Water: The 5 Best New Overwater Bungalow Resorts in the Caribbean : A Major New Culinary Event in Antigua and Barbuda: Travel to This Caribbean Island Is Surging: Puerto Ricos Hottest New Restaurant Is In Rincon: Canada Jetlines Just Launched Nonstop Cancun Flights: Sign up for Caribbean Journal's free newsletter for a daily dose of beaches, hotels, rum and the best Caribbean travel information on the net. other courts had to answer to the English court. The jury is one of the last areas in which the individual citizen interacts with the workings of government. A member of the RJRGLEANER Communications Group. The choice of highest court remains a controversial political issue in the Caribbean. But does that mean that the ongoing debate and online discussions about what is best for Saint Lucia regarding the two courts should not be taken seriously? We believe that the matter is serious enough to warrant nationwide discussion on the pros and cons, more so when trust is cited as a reason for staying with the Privy Council, implying a lack of trust for the CCJ. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. The difficult here lies in how the court could, Advantages and Disadvantages of the Ccj as the Caribbean's Final Court of Appeal. Jeffrey H. Foreman is an Attorney-at-Law. This website is using a security service to protect itself from online attacks. Many in the Caribbean have embraced the idea that a Caribbean Court of Appeal would enrich regional jurisprudence and is conceivably less expensive to access than the London-based UK Privy Council. Your IP: It is a positive sign since eventually the judiciary well be completely powerless if its decisions are not executed. The Advocate-General in De Coster14 criticised the courts approach and criteria to the interpretation as he deemed it confusing. In March 1970, the Organization of Commonwealth Caribbean Bar Associations first raised the issue of the need to replace the Judicial Committee of the Privy Council as the court of last resort for the newly independent countries of the Caribbean by a regional Court of Appeal. Discuss the advantages and disadvantages of the institutions the CCJ and the Privy Council 4. The court in further cases has treated tribunals as not only tax appeal like in the case above but also; customs, social security and immigration. Business Law The Court is hereby established with: (a) original jurisdiction in accordance with the provisions of Part II, and. Plea Bargaining Paper In recent years the Caribbean has seen a number of high profile cases find a final resolution far from home in the UK's Privy Council (PC). Lack of political independence: There is a fear that while the judges of the Privy Council are dispassionate about regional politics, not being residents of the Caribbean, regional judges are less likely to be so and may become polarised, serving the interests of their individual governments. How Did White Horses In St. Thomas Get Its Name? This is especially important for small and medium-sized countries, which may not have the resources or expertise to effectively litigate cases in foreign courts. Other topics of interest include the emergence of arbitration in settling commercial disputes, the implications of BREXIT on the legal profession, and the use of technology in advancing the delivery of justice. There are so many reasons you should want to stay in an overwater bungalow One of the top Carnival events in the Caribbean is set for St Thomas next m On my right are the plunge-pool villas of the Hammock Cove resort. The Caribbean Court of Justice (CCJ) was first proposed at the sixth Caribbean Heads of Government Conference in Jamaica in 1970. United Kingdom The Fifth Annual SALISES Conference Trinidad and Tobago The autumn referendum of 2014 resulted in favour of the Court of Appeal. In parhcular, I will look at . Barbados, Contextual View of the Caribbean Court of Justice 4 The CCJ has two jurisdictions, an original jurisdiction and an appellate jurisdiction. The CCJ was established in 2001 and is based in Trinidad and Tobago. Over the past few years, the International Criminal Court (ICC or the Court) has been igniting controversy the world over. On appeal, Ndeumeni presents four issues for our review. One of the strategies being used in this regard is the incorporation of information and communications technology (ICT) in the case management systems in the courts. Legal Political Economic and Social Dimensions O. This essay will analyse present criticisms of the definition set out in the two cases and the overall effect of the new article. (adsbygoogle = window.adsbygoogle || []).push({}); Your email address will not be published. According to the former chief justice of Trinidad and Tobago, Isaac Hyatali, inTowards a West Indian Jurisprudence: It is a compromise of sovereignty to leave that decision to a court, which is part of the former colonial hierarchy, a court in the appointment of whose members we have no say. Court The time and energy involved in searching for the lawyer and then dealing with the expenses of lawyers fees and the court fees can be quite expensive. It is said that within the economic sphere the Caribbean is caught between two worlds. The court therefore affirmed the notion that in some circumstances the state must actively protect the constitutional rights of its citizens. Adults only resorts are the perfect accommodations for those looking to get Celebrity-filled food festivals, villa vacations and diverse spring breaks Can you believe it has been nearly three years since the world changed? Appeal The problem however, lies in, the period at which the dispute took place, for International law has not evolved at that time unlike in this day and age. Copyright 2022 Caribbean Court of Justice. In a sense the Court is the lynchpin as it acts as the guardian of the RTC and has exclusive jurisdiction to determine disputes arising from its operation. Smartphone only three so far namely Barbados Guyana and Belize have acceded additionally to its Appellate Amartya Sen writes that an individual's advantage is judged by the person's "capability to do things he or she has reason to value" (2009, p. 231). Law By having a group of legal adults come together to consider the merits of a case, then it is more likely that a fair outcome occurs. Privy Council At its last biennial conference the focus was on the implementation of international law and in particular global and regional trade law. In its original jurisdiction, the CCJ is an international court with compulsory and exclusive jurisdiction in respect to the interpretation and pronouncements of treaties such as the Revised Treaty of Chaguaramas. Appeal titled For example we can search Google for information or check e-mail. This is especially important for small and medium-sized countries, which may not have the resources or expertise to effectively litigate cases in foreign courts. The Caribbean Court of Justice (CCJ) critically determines how the CARICOM Single Market and Economy (CSME) functions. The appeals process is very important to the legal system and it includes many different factors and steps to the appeals process this helps the judge make the right decision. The Original Jurisdiction deals with the interpretation and application of the Treaty This essay demonstrates the admirable qualities that a Supreme Court Justice must have to be a potential candidate. These include: the legal and social landscape of the Caribbean, our independence, the comparatively cheaper expense of the CCJ as oppose to the Privy Council and leaving a legacy for our future generation. The Advocate-General in De Coster14 criticised the courts approach and criteria to the interpretation as he deemed it confusing. Caribbean countries to replace the Privy Council as the final court of appeal with a regional court; specifically, what has triggered this growing popularity. Liao Weiqin Israel in the limelight for the wrong reasons, Hasten referendum on Constitution reforms, Letter of the Day | Undermining guardrails of our democracy, Persons should be educated on autism spectrum disorder, The civil service needs a fully computerised system, Letter of the Day | Let us expose our children to values that last a lifetime, Digital Archives: Online editions 2006-Now. Unfortunately, there are others whose stance is purely political siding with what their respective party says. This is the case because both the president and the Senate have a part in the election of a Supreme Court Justice. CARIBBEAN COURT OF JUSTICE In its initial years this entity has held conferences on a range of issues concerning international law and the Revised Treaty of Chaguaramas (RTC). Further, we cannot forget that Jamaica contributed US$27 million to the CCJ's trust fund. The CCJ is intended to be a hybrid institution: a municipal court of last resort and an international court vested with original, compulsory and exclusive jurisdiction in respect of the interpretation and application of the Revised Treaty of Chaguaramas. The court in further cases has treated tribunals as not only tax appeal like in the case above but also; customs, social security and immigration. The reality is that an appeal to the Privy Council is well beyond the reach of the vast majority of our people. Two Significant Cases 9 of the Caribbean Court of Justice (CCJ) is reviewed as it relates to the final determination of labour issues in the CARICOM Single Market and Economy. In the 1993 case of Pratt v Attorney General of Jamaica, the Privy Council ruled that persons imprisoned on death row for more than five years should have their sentences commuted to life imprisonment. INTRODUCTION relevance of the Privy Council in Post
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