Saint Lucians for and against the move have presented reasons for their respective positions. Then there is the argument that since the Privy Council is not in or of the region, and is populated by persons, some of whom might have to be shown in an atlas where St. Lucia is, and who are bereft of knowledge of the traditions, customs, aspirations and culture of the people of the region, then that court is not the best option as a West Indian final court of appeal. This is the case because both the president and the Senate have a part in the election of a Supreme Court Justice. Apparently, since the principles of law are embedded in decided cases, the . Law Eligibility for becoming a Supreme Court judge is: A person appointed as a judge of the Supreme Court must be a citizen of India and possess a degree of Law from a recognised university. The appointment of judges depends upon the vacancies available. Minister of Industry, Investment and Commerce, Hon. The Caribbean Court of Justice The Caribbean Court of Justice continues to play its part in the operationalization of the CSME. Three examples of note here are the Judicial Research and Institutional Strengthening Project (JURIST), the Caribbean Association of Judicial Officers (CAJO), and the Caribbean Academy of Law and Court Administration (CALCA). All Rights Reserved. Specialized courts also run the risk of encouraging special interest groups to take an undue . The rigid rules may be hard and result in injustice to some individual cases. The above suggests that there was a clear need to have a legal permanent, regional institution to authoritatively and definitively interpret and pronounce on laws in the region. The CCJ has two jurisdictions, an original jurisdiction and an appellate jurisdiction. Jeffrey H. Foreman is an Attorney-at-Law. In its appellate jurisdiction, the CCJ hears appeals as the court of last resort in both civil and criminal matters from those member states, which have ceased to allow appeals to the Privy Council. 1. Plea Bargaining Paper appeals from the Committee of the PC to the CCJ Advantages and disadvantages of plea bargaining is that some bad and some type of good will always come out of it. In the aftermath of the case many in Jamaica raised doubts regarding Barbados commitment to honor the judgment notwithstanding statements from those occupying the highest offices in Barbados that the country would meet its legal obligations. What are the advantages and disadvantages of all Caribbean states having the CCJ as a finale appellate court? It is proposed that the Supreme Court takes the. Both Chiquitaland and Country Q agree to submit the dispute to arbritation. Independent West Indian Nation States As more countries rallied behind it, more objections have been made, particularly from Americans, regarding what many view as fundamental flaws. Furthermore, an assessment will be made of the advantages and disadvantages of insiitutmg the Caribbean Court of Justice (CCJ) as the final appellate court. As more countries rallied behind it, more objections have been made, particularly from Americans, regarding what many view as fundamental flaws. In Li CJs judgment in A Solicitor v Law Society of Hong Kong [2008] 2 HKC 1, he commented in paragraph 9 that the rigid and inflexible adherence by this Court to the previous precedents may unduly inhibit the proper development of the law and may cause injustice in individual cases. A debate is now raging, primarily on social media, about governments intention to abandon the Privy Council based in London, England, in favour of the Caribbean Court of Justice (CCJ) based in Trinidad and Tobago as Saint Lucias final appellate court. Jury, of the English courts within which a decision of a higher court will be binding on a court lower in the hierarchy. Agreeably to the remark already made, the national and State systems are to be regarded as ONE WHOLE. Trinidad and Tobago Both in 1921 and in 1954 the company had to endure a consent decree imposed by the US Government in which it was concluded that Kodak monopolized the market in violation of the Sherman Act (the first and oldest of all US federal antitrust, Premium . United States Constitution, Lawrence are tried and found guilty in a court of law. 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. How the Caribbean Court of Justicebenefits the Caribbean. Each of these judges is elected to nine-year terms by the UN General Assembly and the UN Security Council. However, there are some fears that the role of necessity has been trumped by reasonableness in Belize that will consequently lead to the court making the contract for the parties. Birdsong has lived in the Caribbean and enjoys travelling there. You must listen to my ranting, or I am afraid I might become senile keeping all these thoughts to myself. Further, we cannot forget that Jamaica contributed US$27 million to the CCJ's trust fund. 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 view has been expressed that with the CCJ being the final appellate court, CCJ judges could exhibit some degree of bias; if cases coming before them involve persons they may know and have a friendship with (either from their university days or other). Birdsong is the first American to write about the CCJ and is very proud of the fact. caribbean court of justice advantages and disadvantages 08 Jun caribbean court of justice advantages and disadvantages Posted at 13:59h in global issues in persepolis by jazzercise calories burned calculator The cash-based bail system has few perceived advantages and significant disadvantages. However there have been occasions where the Court of Appeal departed from the decisions of the House of Lords this has been treated with hostility by the Supreme Court. How do we get justice against the political class when their friends are sitting in the final court of appeal? asked one Facebook writer. March 31 April 2 2004 Disadvantages: 1) By going to court the procedure will bring a lot of tension and stress to you and your family members. INTRODUCTION The Court is hereby established with: (a) original jurisdiction in accordance with the provisions of Part II, and. The Caribbean Court of Justice (CCJ) critically determines how the CARICOM Single Market and Economy (CSME) functions. Philippines, In the 21st century the technology of the world is becoming more developed and advance. 122). As opponents of retention say, any of the two alternatives currently being advanced would be less costly than having an appeal heard in England, and additionally, may be more expeditious as the Privy Council is burdened with appeals from other Commonwealth jurisdictions. The ICJ is the main judicial branch of the United Nations, based in The Hague, Netherlands, and was established in 1945. The Official CARICOM Song, Michele Henderson Delsol Singer/Songwriter What are the three view about justice as written by Plato? 9 The Federation eventually collapsed in 1962. Labour Relations in the Public Service The papers presented in this section provide a historical overview of industrial relations in the public service and examine the need for change Advantages and disadvantages. Although in Irelands recession times anything that requires additional funding is unnecessary expense. A jury is able to bring the standards of the community to play in the matters which it considers. I have. caribbean court of justice advantages and disadvantages. This is not adjudication, it is mere usurpation. Plea bargaining is favored because it is a less resource-intensive alternative to trial that consistently frees up the court docket. A debate is now raging, primarily on social media, about government's intention to abandon the Privy Council based in London, England, in favour of the Caribbean Court of Justice (CCJ) based in Trinidad and Tobago as Saint Lucia's final appellate court. Click to reveal 267, only court or tribunal of a member state may initiate preliminary reference to the ECJ, however through succeeding case law this has been expanded by allowing entities whose members may not be judges, provided that those entities have the power to adjudicate disputes12. The Fifth Annual SALISES Conference Trinidad and Tobago One of the most significant benefits is that it provides a regional forum for the resolution of legal disputes. It is said that within the economic sphere the Caribbean is caught between two worlds. In the Caribbean, the situation has been no different. Court 5. However, proponents of the CCJ alternative make the point that the judges of the CCJ will be appointed by members of the legal profession, with the exception of the chief justice, and not the political directorate. 2023 - CARICOM Today. All Rights Reserved. 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. Whereas, I am absolutely certain where my support is going tomore specifically, the dissenting opinion of this case. However, in the region, save for Guyana, the Judicial Committee of the Privy Council has been retained but not without much rancour. 8 Ibid at 105; See British Caribbean Federation Act, 1956 (UK), 4 & 5 Eliz II, c 63, s 2. 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. Barbados and Guyana both accepted the Caribbean Court of Justice (CCJ) established in 2005 as their final Court of Appeal. The Caribbean Court of Justice (CCJ) was first proposed at the sixth Caribbean Heads of Government Conference in Jamaica in 1970. The Government needs a two-thirds majority vote in both Houses of Parliament to pass the Bills. In its initial years this entity has held conferences on a range of issues concerning international law and the Revised Treaty of Chaguaramas (RTC). What are the fear of cutting the umbilical cord of the Through the organization of conferences, seminars, workshops, and special lectures CALCA furthers training and research in law. The recent ruling against presidential term limits in Guyana by the Caribbean Court of Justice (CCJ) is revealing. Advantages and Disadvantages of the Ccj as the Caribbean's Final Court of Appeal. 6 David Simmons, "The Caribbean Court of Justice: A Unique Institution of Caribbean Creativity" (2004) 30 Nov L Rev 171 at 174. Despite valid concerns, some continue to argue that critics of CARICOM should stop whining. The Caribbean Court of Justice (CCJ) is the Caribbean regional judicial tribunal established on 14 February 2001 by the Agreement Establishing the Caribbean Court of Justice. Regarding its appellate jurisdiction, the Court will review and rule on appeals arising from civil and criminal cases originating from common law courts in the jurisdiction of states party to the Agreement Establishing the Caribbean Court of Justice. Yet we should be careful in both cases they did not nevertheless totally eliminated the role of reasonableness. CALCA has aimed to make its work relevant to the times. Arguments in favour of the CCJ and a local Final Court of Appeal. 6 Advantages and disadvantages of mediation. 7 Proctor Jr., supra note 5 at 108. There are countless reasons to travel to the Caribbean. Appeals are actually made to the Queen-in-Council, and are referred to the Privy Council for . Therefore, by using this channel, Jamaican businessmen and citizens would be entitled to redress if it is proven that defendants breached the Treaty of Chaguaramas. Furthermore, an assessment will be made of the advantages and disadvantages of instituting the Caribbean Court of Justice (CCJ) as the final appellate court. One of the main steps to the process starts with the losing side having to apply for a, Premium Caribbean Community, A CRITIQUE OF THE 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. An individual's advantage, or happiness, is also important. Before the, Premium The reason is these four leaders have viewed the CCJ as strengthening the regional integration process that began with the signing of the Caribbean Free Trade Area (CARIFTA) Treaty in Barbados in 1967. How To: Protect Yourself In Case Of A Fire, 4 Financial Quotes to Increase Your Wealth, 6 Things You Need To Know Today October 16, 2015, The Difference Between Credit Unions And Banks, My Favourite Champs Memory: An Antiguan Catches The Champs Fever.