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CARIBBEAN COURT OF JUSTICE
In 1973, the Treaty of Chaguaramas, establishing the Caribbean Community and the Common Market (CARICOM) came into being. This Treaty has since been revised to take into account changes in the global trading environment and the establishment of the CARICOM Single Market and Economy (CSME). Since disputes will inevitably arise under the revised Treaty establishing the CSME, CARICOM Member States saw the importance of establishing a competent entity to resolve those disputes and develop a body of community law.

As long ago as the 1970s, the Organisation of Commonwealth Caribbean Bar Association (OCCBA), based on a study it has conducted, reported the need for a Caribbean Court of Appeal as the final Court of Appeal for the Commonwealth Caribbean.

In 1972, the OCCBA recommended the establishment of such an institution, and, the West Indian Commission which was set up, among others, "to formulate proposals for advancing the goals of the Treaty of Chaguaramas which established the Caribbean Community and Common Market (CARICOM) in 9973" later advanced the idea in its recommendations contained in the 1992 - Time for Action. The Commission pointed to the need for a Caribbean Supreme Court with original Jurisdiction to deal with disputes arising under the Treaty establishing the Caribbean Community.

The report stated that the Court was a necessary institution for Caribbean independence and the development of an indigenous jurisprudence and it was against this background that, at the Nineteenth Meeting of the Conference of Heads of Government of the Caribbean Community it was agreed that "A Caribbean Court of Appeal should be established to replace the Judicial Committee of the Privy Council as the final appellate court for the Commonwealth Caribbean." A decision later made resulted in the renaming of the institution to the Caribbean Court of Justice (CCJ).

The CCJ will be the final court of appeal from civil and criminal decisions of the Courts of Appeal of those Member States of the Caribbean Community (CARICOM) which presently send appeals to the Judicial Committee of the Privy Council. By bringing the Court to the people, the CCJ will enhance access to justice in terms of reducing distance and expense for populations of the Caribbean Community and will have the challenge of establishing respect as the binding authority of its decisions, while assuring public support and confidence in its administration of justice.

As an Appeal Court, the CCJ is designed to give moral leadership to our societies. As an international Court, the CCJ will ensure that the regional international movement develops along a structured, sustainable and rule-based entity. More importantly, as the tribunal responsible for interpreting and applying the Revised Treaty of Chaguaramas establishing the Caribbean Community, including the CARICOM Single

Market and Economy, the CCJ will be the guarantor of the rights of national, accorded by the Revised Treaty. Important rights in this context are the rights of skilled professionals to practice their professionals in any jurisdiction of the Community and for artisans and other specified categories of skills to provide services as independent contractors in any area of the Caribbean Community.

The Court will function in two jurisdictions - an original jurisdiction and an appellate jurisdiction. The CCJ in its appellate jurisdiction will apply the laws of the Member States from which they are hearing appeals. In the exercise of its original jurisdiction, the CCJ will be performing the role of an international Court, applying rules of international law in interpreting and applying the revised Treaty of Chaguaramas.

In terms of staffing, the Regional Judicial and Legal Services Commission is established and has responsibility for the appointment of Judges and other Court employees. The Court will comprise a president who will be chairman of the Commission and at least nine judges and will also determine wages, salaries and conditions of work.

A trust Fund has been set up to finance the Court and is intended to insulate it from political interference and will be managed by a board of trustees. The Agreement Establishing the Fund has entered into force with its signature by Members at the Twenty-Fourth Heads of Government Conference held in Montego Bay, Jamaica.

The seat of the Court is in Trinidad and Tobago but as the circumstances warrant, the Court may sit in the territory of any other Contracting Party.

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