Celebrate the CCJ…and empower it

By Michelle Nurse On Mar 12, 2015

In just over a month, on April 16, 2015, the Caribbean Court of Justice (CCJ) will mark the tenth anniversary of its inauguration. The creation of the CCJ is arguably the single most important event in the history of the English-speaking Caribbean since the establishment of the Caribbean Community (CARICOM) by treaty in 1973.

In the words of Dr Kenny Anthony, the prime minister of Saint Lucia and a former legal counsel to the CARICOM Secretariat, the creation of the CCJ was “a leap into enlightenment”. Recently, in a lecture delivered at the St Augustine Campus of the University of the West Indies, Dr Anthony repeated that, in his view, the establishment of the CCJ has been “one of the major successes of (CARICOM’s) collective governance”. Few people — who think deeply about this matter — would disagree with the prime minister.

Yet, there was much dithering over the establishment of the CCJ. Although the decision was taken by heads of government to set up the court in 1988, 17 years elapsed before it was inaugurated. In the intervening period, the absence of confidence in the Caribbean’s self-worth was obvious in the fears that were expressed about separating from the British Judicial Committee of the Privy Council (JCPC) as the final appellate court. The notion that Caribbean judges could adjudicate Caribbean events and persons with erudition and independence was rejected by many, including lawyers, some of whom made handsome fees by appearing in London, the seat of the JCPC.[su_box title=”The Caribbean Court of Justice (CCJ)” style=”soft” box_color=”#54c0f0″]The CCJ was inaugurated on 16 April, 2005 in Trinidad and Tobago where it is headquartered. Its central role is providing legal certainty to the operations of the CARICOM Single Market and Economy (CSME). It is structured to have two jurisdictions – an original and an appellate. In its original jurisdiction it ensures uniform interpretation and application of the Revised Treaty of Chaguaramas, thereby underpinning and advancing the CARICOM Single Market and Economy. As the final court of appeal for Member States of the Caribbean Community it fosters the development of an indigenous Caribbean jurisprudence[/su_box]