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| HOUSE
OF REPRESENTATIVES PASSES CCJ BILL |
| KINGSTON, April 13 (JIS): |
After
lengthy deliberation the House of Representatives yesterday
(Tuesday, April 12) passed the Caribbean Court of Justice
(Original Jurisdiction) Act 2005 just days before the
official inauguration of the Caribbean Court of Justice
which is set for Saturday, April 16.
The Bill, piloted by Minister of Foreign Affairs and
Foreign Trade, K.D Knight, was passed with seven amendments.
Minister Knight explained that the Bill was intended
to act as “holding legislation” establishing
the CCJ, as a court of original jurisdiction only. He
said entrenchment of the court in its appellate jurisdiction
would follow and pointed out that the CCJ would play
a critical role in the Caribbean Single Market and Economy
(CSME).
Minister Knight said in discharge of Jamaica’s
obligations under the agreement, the intention was to
establish the CCJ as a court of original jurisdiction
with exclusive power in relation to the interpretation
and application of the Revised Treaty of Chaguaramas
and to do so by the procedure appropriate for the enactment
of ordinary legislation.
The CCJ as a court of original jurisdiction will have
compulsory exclusive jurisdiction in relation to matters
concerning the interpretation and application of the
Treaty. The court will discharge the functions of an
international tribunal, applying the rules of international
law with respect to the interpretation and application
of the Treaty.
He explained that the rationale behind the move to establish
the court in its original jurisdiction only was in light
of the recent Privy Council ruling, which held that
the three Bills establishing the CCJ were unconstitutional.
Mr. Knight said despite the ruling, Jamaica remained
bound by its obligations under the agreement to establish
the CCJ. He said the April 16 date did not allow sufficient
time to enact new legislation to establish the CCJ using
the procedure required for the enactment of legislation
to amend entrenched provisions of the Constitution.
He noted that this procedure required at a minimum,
lapses of two periods of three months each between the
introduction and the passage of the Bills.
The Foreign Affairs and Foreign Trade Minister said
the intention in due course was to replace the legislation
with a provision that would fully accord with the agreement
and would be enacted in accordance with the procedure
required for the enactment of legislation to alter entrenched
provisions of the Constitution.
In the meantime he assured that the amendments to the
Bill were intended to ensure that it contained nothing
that was inconsistent with the Constitution of Jamaica
or its legal system.
In response to complaints from the Opposition that the
court would be underutilized and was unnecessary, the
Foreign Trade Minister pointed out that there were several
disputes that could go to the CCJ and that there would
in fact be sufficient work for the court to do. Furthermore
he noted, all courts when first established took time
before the caseload increased.
The Judicial committee of the Privy Council in its recent
decision declared the Caribbean Court of Justice Act
2004 along with the Caribbean Court of Justice (Constitutional
Amendment) Act 2004 and the Judicature (Appellate Jurisdiction)
Act 2004 unconstitutional and void.
The Acts included legislation to establish the CCJ as
a Court of Original Jurisdiction and Appellate Jurisdiction
and abolish appeals to the Privy Council substituting
such appeals, with petitions to the CCJ in implementation
of treaty obligations under the agreement establishing
the CCJ.
The Privy Council in giving its decision said the difficulty
was not whether the Parliament had the power to achieve
the intended objectives by the three Acts, but whether
the procedural means of achieving it followed the procedures
required by the Constitution.
The Privy Council’s decision was that the legislation
to establish the CCJ as a court of appellate jurisdiction,
a court to which power to review decisions of the superior
courts of Jamaica was being entrusted, altered the entrenched
provisions of Chapter seven of the Constitution.
This chapter the Privy Council said, governed the judicature
and therefore had to be enacted by the procedure appropriate
for the enactment of legislation to amend an entrenched
provision of the Constitution. The three Acts considered
had not been enacted by such procedure and it was on
this basis that the Privy Council made its ruling.
In the meantime in his remarks Opposition spokesman
on Justice, Delroy Chuck said the Opposition had no
objections to the Bill or the CCJ but maintained that
the financial obligation of Jamaica in the sum of US$27
million for the maintenance of the court was too high,
given the fact that it was unlikely that there would
be need to use the court as the disputes could be settled
by other means identified by the Treaty without going
to the court.
His argument was based on Chapter Nine of the Revised
Treaty, which sets out ways in which disputes can be
resolved before the finality of the court such as good
offices, mediation, consultation, conciliation and arbitration.
Furthermore
Mr. Chuck said the Opposition’s lobby was for
an entrenchment of the court in the Constitution that
could not be removed by a simple majority by any government.
In responding to the concerns raised, Prime Minister
P.J Patterson said while the idea that the CCJ in
its original jurisdiction only was not the initial
intent and there were other provisions within CARICOM
to resolve disputes, “the Court in its original
jurisdiction would be the final tier.”
Prime Minister Patterson noted, “no tribunal
could replace the power and competence of the CCJ
in terms of its original jurisdiction as nothing short
of a judicial body could give rulings that are final
and definitive”.
On the matter of the remuneration for the judges being
higher than that of United States Supreme Court judges,
Mr. Patterson pointed out that while there was no
retirement age for judges of the U.S. Supreme Court
who could serve until the time of their death, there
was a fixed period of seven years tenure for CCJ judges
at the end of which contracts were non-renewable.
Prime Minister Patterson on the matter of the financing
of the court, pointed out that the funding arrangements
had already been brought before the House for approval
in the form of a Government Guarantee to obtain a
loan from the Caribbean Development Bank, to secure
the necessary financial backing.
Mr. Patterson further noted that CARICOM while not
the final “trading and economic horizon”
was a necessary step in enabling the combination of
resources crucial to operating in an increasingly
globalized world paving the way for future such advances.
He noted that it was important that the region successfully
collaborated, as it would prove the test of endurance
in an arrangement such as the Free Trade Area of the
Americas (FTAA).
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Region
to Lobby UN for Price Cut in AIDS Medication
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Lesser
Known Facts on the CSM |
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Prime
Minister Patterson urges CARICOM to Establish Governance
Structures |
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CARICOM
Heads Applauds Patterson’s Service to the Region |
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must Continue to Protect Trade Interests - Franklyn |
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the Business Sector should know about the CSM |
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Implementation of CSME will Remove need for Skills Certificate |
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CARICOM Single Market up Close |
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CARICOM States Formalise CSM |
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CARICOM
Heads Meet in Jamaica Today for Symbolic Signing of
CSM Agreement |
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CSM
will Widen Employment, Trade and Business Opportunities |
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CSM
will Transform Region-CARICOM Secretary General |
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No
Major Disruptions in Labour and Skills Under CSME |
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Finance
Minister Highlights Opportunities of CSM |
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CSM’s
Free Movement Clause will not Affect Health Sector -
Junor |
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CSME
Public Forum |
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NCTVET
Highlights Importance of Certification |
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Banking
Consultant Proposes Regional Regulatory Body |
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PM
Manning Is New Caricom Chairman |
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CARICOM
Ministers Intensify Single Market Talks |
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CARICOM
Urged to Grasp Opportunities for Closer Integration |
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CSME
Week in Jamaica |
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CARICOM
and UWI |
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Patterson
signs legal instrument to bring the Caricom Single Market
into being |
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CARICOM
Places Focus on ICT for Development |
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CARICOM
Newest Trade Bloc on January 23 |
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CARICOM
Exploring Deeper South/South Integration |
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CARICOM
Representatives say Proper Development Round Needed
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CARICOM
Countries Ratify Revised Treaty |
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Jamaicans
Encouraged to Apply for CARICOM Recognition of Skills
Certificate |
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Applying
for a CARICOM Skills Certificate -What you need to know
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Preparedness
for Single Market Crucial: CARICOM Secretary- General
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CARICOM
to Mark Legacy of Simon Bolivar on September 6 |
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Barbados’
Trade Minister to Play Key Role in WTO Ministerial Summit |
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CTU
to Push for Development of Telecom Standards |
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New
Global Realities Demand New CARICOM Trade Policy |
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Challenges
Facing Caribbean Ports Highlighted by Prime Minister
Douglas |
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Antigua
and Barbuda Pushes for Special and Differential Treatment
for OECS States |
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PM
urges CARICOM to Embrace PetroCaribe Agreement |
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Statement
to Parliament by the Most Hon. P. J. Patterson, ON,
PC, QC, MP, Prime Minister on Petrocaribe Agreement
on Wednesday, July 13, 2005 |
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CCJ
to Stimulate Young People to Aspire to High Judicial
Positions - Senator Nicholson |
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CCJ
Bill Approved in Time for Inauguration Ceremony |
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House
of Representatives Passes CCJ Bill |
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The
CSME: A Route to Greater Wealth and Prosperity |
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Jamaica
Fully Prepared for CSME |
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CSME
not a Final Horizon – PM |
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CARICOM
& UN Economic Commission to Deepen Cooperation |
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Regional
HIV/AIDS Strategy for Review at Saint Lucia Meeting |
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Consensus
Reached on Financing for ICT Development at WSIS Prep-Com2
Geneva Meeting |
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CARICOM
and Japan Hold Talks on Major Fisheries Project |
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CSME
Seminar Emphasises The Need to Capitalise on Opportunities |
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CSME
will Create Opportunities for Small Businesses –
Minister Knight |
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“A
Home of our own”
The New CARICOM Secretariat Headquarters Building |
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Regional
ICT Stakeholders Call For Inclusive Internet Governance,
Equitable Financing of ICTs Projects |
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New
CCJ Bill to be Tabled Next Week |
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CARICOM
HQ a Symbol of Caribbean Achievement - PM |
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Principals
told to Prepare for CSME |
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CARICOM
gets its Permanent Home |
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Information
Technology Assistance from India for CARICOM |
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CARICOM
Presses Case for Phased Sugar Price Cut |
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Opening
of CARICOM Secretariat Headquarters Building to take
Place in Guyana |
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Suriname
Hosting Critical CARICOM Meetings |
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Single
Market, Disaster Plan on CARICOM Agenda in Suriname |
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Legal
Affairs Committee Gives Legal Direction on Integration
Issues |
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CARICOM
Member States Proceed with Legislative Harmonisation
for Single Market and Economy |
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Privy
Council Rules on Jamaica's Legislation on the CCJ |
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CARICOM
Secretariat Gives Flood Relief Assistance to Guyana. |
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Regional
Agencies Commit to Provide Flood Relief Assistance to
Guyana |
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Caribbean
Urges more Support for Small States |
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Caribbean
& Pacific States Focus on Food Security in Mauritius |
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CARICOM
Region Mobilises for Information Society |
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Caribbean
Seeks Cultural Partnerships for Development |
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Caribbean
has Big Role at Small Islands Meeting |
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China
Accords Jamaica ‘Approved Destination Status’ |
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CARICOM
Trade and Economic Development Ministers Advance Work
on CARICOM Single Market Implementation |
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Community
Council Meets to Advance the Work of CARICOM |
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Caribbean
Trade Ministers Hold Talks with EU Trade Commissioner |
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Caribbean
to Focus on Sustainable Development,
Vulnerability Reduction at Mauritius Meeting |
| |
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 |
| Communiqué
of the 55th Meeting of the Monetary Council of the Eastern
Caribbean Central Bank St Kitts 17 February 2006 |
|
| Communiqué
Issued at the Conclusion of the Twenty-Sixth Meeting of
the Conference of Heads of Government of the Caribbean
Community (CARICOM), 3-6 July 2005, Gros Islet, Saint
Lucia |
|
| Joint
Communiqué |
|
Communiqué
Issued at the Conclusion of the Tenth Special Meeting
of the Conference of Heads of Government of the Caribbean
Community
Port-of-Spain, Trinidad and Tobago, 8-9 November 2004
|
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| Remarks
delivered by Secretary General of the Caribbean Community,
His Excellency Mr. Edwin W. Carrington, to the Joint Meeting
of the CARICOM Directors of Fisheries and Japan International
Cooperation Agency (JICA) Study Team. |
|
| Address
by the Most Hon P.J. Patterson ON, PC, QC, MP Prime Minister
of Jamaica at the Inauguration of the New CARICOM Secretariat
Building Georgetown, Guyana on February 19, 2005 |
 |
| Speech
by Dr. The Honourable Ralph E. Gonsalves, Prime Minister,
St. Vincent and the Grenadines at the Inauguration Ceremony
of the CSM |
|
| Statement
presented by Secretary-General of the Caribbean Community
(CARICOM), His Excellency Edwin W Carrington, on the occasion
of the formal launch of the CARICOM Single Market, Monday
30 January, Kingston, Jamaica. |
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| Address
by Most Honourable P. J. Patterson, ON, PC, QC, MP at
the CARICOM Single Market Signing Ceremony “From
Mona to Chaguaramas to Mona” 30th January 2006 |
|
| Address
by the Hon Patrick Manning Prime Minister Republic of
Trinidad and Tobago and Chairman Conference of Heads of
Government of the CARICOM |
|
| Address
by the Right Hon Owen Arthur, Prime Minister of Barbados
on the Occasion of the Signing of Declaration, Launching
the CARICOM Single Market |
|
| Statement
by Hon. Elvin Nimrod, Minister of Foreign Affairs and
International Trade on the Occasion of the First Anniversary
of the Re-Establisment of Diplomatic Relations Between
Grenada and the People’s Republic of China. |
|
| Statement
by the Honourable Patrick Manning, Prime Minister of Trinidad
and Tobago and Chairman of the CARICOM Conference of Heads
of Government |
|
| 2006
New Year Address by OECS Chairman Dr. the Hon. Ralph Gonsalves
Prime Minister of St. Vincent and the Grenadines |
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| Statement
by the Caribbean Community “CARICOM’s Perspective
on the Summit of the Americas Process” at the Fourth
Summit of the Americas Mar Del Plata November 5, 2005 |
|
| Message
by the Secretary General of the Caribbean Community, His
Excellency Edwin W. Carrington on the Occasion of Commonwealth
Day March 14, 2005 |
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| Message
from His Excellency Edwin W. Carrington Secretary General
of the Caribbean Community (CARICOM) on the Occasion of
International Women’s Day March 8, 2005 |
|
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| Speech
by the Most Hon. P. J. Patterson ON, PC, QC, MP, Prime
Minister, Jamaica at the Launch of the Publication, 'CARICOM:
Our Caribbean Community - An Introduction, Friday 26 November,
2004, Mona Visitors' Lodge and Conference Centre, UWI,
Mona, Jamaica |
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| Remarks
by H. E. Mr. Edwin W. Carrington, Secretary-General, CARICOM
at the Launch of the Publication, 'CARICOM: Our Caribbean
Community - An Introduction', Written by the Staff of
the CARICOM Secretariat and Published by Ian Randle Publishers,
Friday 26 November 2004, Mona Visitors' Lodge and Conference
Centre, UWI, Mona, Jamaica |
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| October
- November 2004 |
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