Agreement Establishing The Caribbean Court of Justice
THE CONTRACTING PARTIES,
CONVINCED that the Caribbean Court of Justice, (hereinafter referred to as “the Court”), will have a
determinative role in the further development of Caribbean jurisprudence
through the judicial process;
CONVINCED ALSO of the desirability of entrenching the
Court in their national Constitutions;
AWARE that the establishment of the Court is a further
step in the deepening of the regional integration process;
RECOGNISING the sovereignty of Members of the Caribbean
Community;
HEREBY AGREE as follows:
ARTICLE 1
USE OF TERMS
In this Agreement, unless the context otherwise
requires:
“Commission” means the Regional Judicial and Legal
Services Commission established by Article V;
“Conference” means the Conference of Heads of Government
of Member States of the Caribbean Community;
“Contracting Party” means an entity referred to in
Article II which has satisfied the requirements of membership and in
relation to which this Agreement is in force;
“Heads of Government” means the Heads of Government of
the Contracting Parties;
“President” means the President of the Court;
“Secretary-General” means the Secretary-General of the
Caribbean Community;
“Treaty” means the Treaty establishing the Caribbean
Community signed at Chaguaramas on 4 July 1973 and any amendments
thereto which take effect either provisionally or definitively.
PART I
MEMBERSHIP, ESTABLISHMENT OF THE COURT, THE
COMMISSION AND RELATED MATTERS
ARTICLE II
MEMBERSHIP
This Agreement shall be open to -
(a) Member States of the Caribbean Community;
(b) any other Caribbean country which is invited by the
Conference to become a Party to this Agreement.
ARTICLE III
ESTABLISHMENT AND SEAT OF THE CARIBBEAN COURT OF JUSTICE
1. The Court is hereby established with:
(a) original jurisdiction in accordance with the
provisions of Part II, and
(b) appellate jurisdiction in accordance with the
provisions of Part III.
2. The decisions of the Court shall be final.
3. The Seat of the Court shall be in the territory of a
Contracting Party as determined by a qualified majority of the
Contracting Parties but, as circumstances warrant, the Court may sit in
the territory of any other Contracting Party.
4. The Government of the Contracting Party in whose
territory the Seat of the Court is situated shall provide suitable
accommodation for the Seat of the Court and the offices of the Commission and shall conclude with the
Court and the Commission an Agreement relating to the Seat of the Court
and the offices of the Commission.
5. The Court shall have and use, as occasion may
require, a seal having a device or impression with the inscription
“The Caribbean Court of Justice”.
ARTICLE IV
CONSTITUTION OF THE COURT
1. Subject to paragraph 2 of this Article, the Judges of
the Court shall be the President and not more than nine other Judges of
whom at least three shall possess expertise in international law including international trade
law.
2. The number of Judges, excluding the President, may be
increased by the Heads of Government, upon the recommendation of the
Commission.
3. The Court shall be duly constituted as set out in
Parts II and III and may sit in such number of divisions as may be
directed by the President but every
Judge of the Court may sit in any division.
4. The determination of any question before the Court
shall be according to the opinion of the majority of the Judges of the
Court hearing the case.
5. Notwithstanding the provisions of this Article, the
President may appoint one or more judges to determine interlocutory
matters.
6. The President shall be appointed or removed by the
qualified majority vote of three-quarters of the Contracting Parties on
the recommendation of the Commission.
7. The Judges of the Court, other than the President,
shall be appointed or removed by a majority vote of all of the members
of the Commission.
8. The President shall take precedence over all other
Judges of the Court and the seniority of the other Judges of the Court
shall be determined in
accordance with the dates of their appointment.
9. The appointment of the President shall be signified
by letter under the hand of the Chairman for the time being of the
Conference acting on the advice of the Heads of Government and the appointment of any other Judge of the
Court shall be signified by letter under the hand of the Chairman of the
Commission.
10. A person shall not be qualified to be appointed to
hold or to act in the office of Judge of the Court, unless that person
satisfies the criteria mentioned in paragraph 11 and -
(a) is or has been for a period or periods amounting
in the aggregate to not less than five years, a Judge of a court of
unlimited jurisdiction in civil and criminal matters in the
territory of a Contracting Party or in some part of the
Commonwealth, or in a State exercising civil law jurisprudence
common to Contracting Parties, or a court having jurisdiction in appeals from
any such court and who, in the opinion of the Commission, has
distinguished himself or herself in that office; or
(b) is or has been engaged in the practice or
teaching of law for a period or periods amounting in the aggregate
to not less than fifteen years in a Member State of the Caribbean
Community or in a Contracting Party or in some part of the
Commonwealth, or in a State exercising civil law jurisprudence common to Contracting parties, and has distinguished himself or
herself in the legal profession.
11. In making appointments to the office of Judge,
regard shall be had to the following criteria: high moral character,
intellectual and analytical ability, sound judgment, integrity, and understanding of people and society.
12. The Commission may, prior to appointing a Judge of
the Court, consult with associations representative of the legal
profession and with other bodies and individuals that it considers
appropriate in selecting a Judge of the Court.
ARTICLE V
ESTABLISHMENT OF THE REGIONAL JUDICIAL AND LEGAL SERVICES
COMMISSION
1. There is hereby established a Regional Judicial and
Legal Services Commission which shall consist of the following persons:
(a) the President who shall be the Chairman of the
Commission;
(b) two persons nominated jointly by the
Organisation of the Commonwealth Caribbean Bar Association (OCCBA)
and the Organisation of Eastern Caribbean States (OECS) Bar
Association;
(c) one chairman of the Judicial Services Commission
of a Contracting Party selected in rotation in the English
alphabetical order for a period of three years;
(d) the Chairman of a Public Service Commission of a
Contracting Party selected in rotation in the reverse English
alphabetical order for a period of three years;
(e) two persons from civil society nominated jointly by
the Secretary-General of the Community and the Director General of the
OECS for a period of three years following consultations with regional
non-governmental organisations;
(f) two distinguished jurists nominated jointly by the
Dean of the Faculty of Law of the University of the West Indies, the
Deans of the Faculties of Law of any of the Contracting Parties and the
Chairman of the Council of Legal Education; and
(g) two persons nominated jointly by the Bar or Law
Associations of the Contracting Parties.
2. Where any person or body required to nominate a
candidate for appointment to the Regional Judicial and Legal Services
Commission in accordance with paragraph 1, fails to make such nomination
within thirty (30) days of a written request in that behalf, the
nomination shall be made jointly by the heads of the judiciaries of the Contracting Parties.
3. (1) The Commission shall have responsibility for:
(a) making appointments to the office of Judge of
the Court, other than that of President;
(b) making appointments of those officials and
employees referred to in Article XXVII and for determining the
salaries and allowances to be paid to such officials and employees;
(c) the determination of the terms and conditions of
service of officials and employees; and
(d) the termination of appointments in accordance
with the provisions of this Agreement.
(2) The Commission shall, in accordance with the
Regulations, exercise disciplinary control over Judges of the Court,
other than the President, and over officials and employees of the Court.
4. The term of office of members of the Commission,
other than the Chairman shall be three years, but such members shall be
eligible for reappointment for another term of office.
5. The members of the Commission referred to in
paragraph 1(b), (c), (d), (f) and (g) shall be appointed by letter under
the hand of the President.
6. If the office of a member of the Commission, other than the Chairman
is vacant or the holder thereof is unable to perform the functions of
his office, a person may be appointed to perform the functions of that office for the
unexpired term of the holder of the office or until the holder resumes
office.
7. Subject to paragraph 13 of this Article, the
Commission shall not be:
(a) disqualified from the transaction of business by
reason of any vacancy in its membership and its proceedings shall
not be invalidated by the presence or participation of any person
not entitled to be present or to participate in those proceedings;
(b) disqualified from the transaction of business
nor its proceedings invalidated by reason of the non-receipt by a
member of the Commission, of a notice for a meeting of the
Commission.
8. The Commission may, by directions in writing and
subject to such conditions as it thinks fit, delegate any of its powers
under paragraph 3(1)(b) and
(c) of this Article to any one or more of its members or to the
Registrar.
9. A member of the Commission, other than the Chairman
may, by writing under the hand of that member, addressed to the Chairman
of the Commission, resign from the Commission.
10. The Commission shall, no later than 31 March in
every year, submit to the Heads of Government, an Annual Report of its
work and operations during the previous year.
11. The Registrar of the Court shall perform the
functions of Secretary of the Commission and shall be the chief
administrative officer of the Commission.
12. In the exercise of their functions under this
Agreement, the members of the Commission shall neither seek nor receive
instructions from any body or person external to the Commission.
13. A quorum for the transaction of business by the
Commission shall consist of not less than six members of the Commission
including the Chairman or, where the Deputy Chairman is presiding, the Deputy Chairman.
14. Subject to this Article, the Commission shall have
power to regulate its own procedure.
ARTICLE VI
THE FIRST APPOINTMENT OF THE PRESIDENT AND MEMBERS OF THE
COMMISSION
1. For the purposes of the first appointment of the
President and Commissioners and notwithstanding the provisions of
paragraph 6 of Article IV, the members of the Commission appointed pursuant to the Agreement shall make
a recommendation for the appointment of the President.
2. Notwithstanding the provisions of paragraphs 4 and 5
of Article V:
(a) the term of office of the members of the
Commission appointed in accordance with paragraph 1 of this Article
shall be one year; and
(b) the members of the Commission mentioned in
sub-paragraph (a) of this paragraph shall be appointed by letter
under the hand of the heads of the judiciary of the Contracting
Parties.
ARTICLE VII
LEGAL STATUS OF THE COMMISSION
1. The Commission shall possess full juridical
personality including, in particular, full capacity to contract.
2. The privileges and immunities to be accorded the
Commission and its members in the territories of the Contracting Parties
shall be laid down in a Protocol to this Agreement.
3. The Contracting Parties undertake to make provision
to ensure that the proceedings of the Commission shall not be enquired
into in any Court.
ARTICLE VIII
ACTING APPOINTMENTS
1. If the office of President is vacant, or if the
President is for any reason unable to perform the functions of that
office, then, until some other person has been appointed to and has assumed the functions of that office or, as
the case may be, until the President has resumed those functions, they
shall be performed by the Judge of the Court who is most senior
according to the date of his appointment and he shall be appointed by
letter under the hand of the Chairman for the time being of the
Conference.
2. When none of the other Judges is senior by
appointment, the functions of President shall be performed by such one
of the other Judges of the
Court appointed by letter.
3. An appointment referred to in paragraph 2 shall be
made in accordance with the advice of the Heads of Government tendered
after consultations with the President and such other persons or bodies
of persons as the Heads of Government may think fit.
4. If one of the Judges of the Court is acting as the
President of the Court or if the office of a Judge of the Court, other
than the President, is vacant or
if such a Judge is for any reason unable to perform the functions of
that office, then, until some other person has been appointed to act and
has assumed the functions of that office or, as the case may be, until
the Judge has resumed those functions, they shall be performed by a
person qualified for appointment as a Judge of the Court to be appointed
by the Commission by letter under the hand of the Chairman of the
Commission.
5. The person appointed in accordance with paragraph 4
shall continue to perform the functions of the office until a person is
appointed to the office and has assumed the functions thereof or, as the case may be, until the
holder resumes office.
ARTICLE IX
TENURE OF OFFICE OF JUDGES
1. The office of a Judge of the Court shall not be
abolished while there is a substantive holder thereof.
2. Subject to the provisions of this Article, the
President shall hold office for a non-renewable term of seven years or
until he attains the age of seventy-two years, whichever is earlier, except that the President shall continue in
office, if necessary, for a further period not exceeding three months to
enable him to deliver judgment or to do any other thing in relation to
any proceedings part-heard by him.
3. Subject to the provisions of this Article, a Judge of
the Court shall hold office until he attains the age of seventy-two
years, except that he shall continue in office, if necessary, for a further period not exceeding three months
to enable him to deliver judgment or to do any other thing in relation
to any proceedings partheard by him.
4. A Judge may be removed from office only for inability
to perform the functions of his office, whether arising from illness or
any other cause or for
misbehaviour, and shall not be so removed except in accordance with the
provisions of this Article.
5. (1) Subject to Article IV, paragraph 5, the President
shall be removed from office by the Heads of Government on the
recommendation of the Commission, if the question of the removal of the
President has been referred by the Heads of Government to a tribunal and
the tribunal has advised the Commission that the President ought to be removed from office for
inability or misbehaviour referred to in paragraph 4.
(2) Subject to Article IV, paragraph 6, a Judge other
than the President shall be removed from office by the Commission if the
question of the removal of the Judge has been referred by the Commission to a tribunal; and the
tribunal has advised the Commission that the Judge ought to be removed
from office for inability or misbehaviour referred to in paragraph 4.
6. If at least three Heads of Government in the case of
the President jointly represent to the other Heads of Government, or if
the Commission decides in the case of any other Judge, that the question
of removing the President or the Judge from office ought to be
investigated, then -
(a) the Heads of Government or the Commission shall
appoint a tribunal which shall consist of a chairman and not less
than two other members, selected by the Heads of Government or the
Commission, as the case may be, after such consultations as may be
considered expedient, from among persons who hold or have held office as a Judge of a court of unlimited
jurisdiction in civil and criminal matters in some part of the
Commonwealth, or in a State exercising civil law jurisprudence
common to Contracting Parties, or a court having jurisdiction in
appeals from any such court; and
(b) the tribunal shall enquire into the matter and
advise the Heads of Government or the Commission, as the case may
be, whether or not the President or the Judge ought to be removed
from office.
7. The provisions of any law relating to the holding of
commissions of inquiry in the Member State of the Caribbean Community
where the inquiry is held shall apply as nearly as may be in relation to tribunals appointed under
paragraph 6 of this Article or, as the context may require, to the
members thereof as they apply in relation to Commissions or
Commissioners appointed under that law.
8. If the question of removing the President or any
other Judge of the Court from office has been referred to a tribunal
under paragraph 6 of this Article, the Heads of Government in the case of the President, or the Commission,
in the case of any other Judge of the Court, may suspend such Judge from
performing the functions of his office, and any such suspension may at
any time be revoked by the Heads of Government or the Commission, as the
case may be, and shall in any case cease to have effect if the tribunal
advises the Heads of Government or the Commission that the Judge ought
not to be removed from office.
9. (1) The President may at any time resign the office
of President by writing under the hand of the President addressed to the
Chairman for the time being of the Conference.
(2) Any other Judge of the Court may at any time resign
the office of Judge of the Court by writing under the hand of the Judge
addressed to the Chairman of the Commission.
ARTICLE X
OATH OF OFFICE
1. A Judge of the Court shall not enter upon the duties
of that office
unless he has taken and subscribed the oath of office as set out in
Appendix I to
this Agreement.
2. The oath of office shall be taken and subscribed
before the Head of
State of any Contracting Party.
PART II
ORIGINAL JURISDICTION OF THE COURT
ARTICLE XI
CONSTITUTION OF THE COURT
1. The Court, in the exercise of its original
jurisdiction, shall be duly constituted if it consists of not less than
three judges being an uneven number of judges.
2. The judges referred to in paragraph 1 shall possess
the expertise necessary for the Court to adjudicate the matter.
3. The deliberations of the Court shall be under the
authority and control of a Chairman, who shall be the most senior of the
judges appointed by the President.
4. Notwithstanding paragraph 1, the original
jurisdiction of the Court may be exercised by a sole judge appointed by
the Chairman.
5. The decision of a sole judge exercising jurisdiction
under paragraph 4 may, on application of a Party aggrieved, be reviewed
by a panel comprising not more than five judges.
ARTICLE XII
JURISDICTION OF THE COURT IN CONTENTIOUS PROCEEDINGS
1. Subject to the Treaty, the Court shall have exclusive
jurisdiction to hear and deliver judgment on:
(a) disputes between Contracting Parties to this
Agreement;
(b) disputes between any Contracting Parties to this
Agreement and the Community;
(c) referrals from national courts or tribunals of
Contracting Parties to this Agreement;
(d) applications by nationals in accordance with
Article XXIV, concerning the interpretation and application of the
Treaty.
2. For the purposes of this part, “national courts”
includes the Eastern Caribbean Supreme Court.
ARTICLE XIII
ADVISORY OPINIONS OF THE COURT
1. The Court shall have exclusive jurisdiction to
deliver advisory opinions concerning the interpretation and application
of the Treaty.
2. Advisory opinions shall be delivered only at the
request of Contracting Parties or the Community.
ARTICLE XIV
REFERRAL TO THE COURT
Where a national court or tribunal of a Contracting
Party is seised of an issue whose resolution involves a question
concerning the interpretation or application of the Treaty, the court or
tribunal concerned shall, if it considers that a decision on the
question is necessary to enable it to deliver judgment, refer the
question to the Court for determination before delivering judgment.
ARTICLE XV
COMPLIANCE WITH JUDGMENTS OF THE COURT
Member States, Organs, Bodies of the Community or
persons to whom a judgment of the Court applies, shall comply with that
judgment.
ARTICLE XVI
COMPULSORY JURISDICTION OF THE COURT
1. Contracting Parties agree that they recognise as
compulsory, ipso facto and without special agreement, the original
jurisdiction of the Court provided for in Article XII.
2. In the event of a dispute as to whether the Court
has jurisdiction, the matter shall be determined by decision of the
Court.
ARTICLE XVII
LAW TO BE APPLIED BY THE COURT IN THE EXERCISE OF ITS ORIGINAL
JURISDICTION
1. The Court, in exercising its original jurisdiction
under Article XII(b) and (c), shall apply such rules of international
law as may be applicable.
2. The Court may not bring in a finding of non liquet
on the ground of silence or obscurity of the law.
3. The provisions of paragraphs (1) and (2) shall not
prejudice the power of the Court to decide a dispute ex aequo et bono
if the parties so agree.
ARTICLE XVIII
INTERVENTION BY THIRD PARTIES
1. Should a Member State, the Community or a person
consider that it has a substantial interest of a legal nature which may
be affected by a decision of the Court in the exercise of its original jurisdiction, it may apply to
the Court to intervene and it shall be for the Court to decide on the
application.
2. Whenever the construction of a convention to which
Member States and persons other than those concerned in the case are
parties, is in question, the Registrar shall notify all such States and persons forthwith.
3. Every State or person so notified has the right to
intervene in the proceedings; but if the right is exercised, the
construction given by the judgment will be equally binding on all parties.
ARTICLE XIX
APPLICATION FOR INTERIM MEASURES
The Court shall have the power to prescribe if it
considers the circumstances so require, any interim measures that ought
to be taken to preserve the rights of a Party.
ARTICLE XX
REVISION OF JUDGMENTS OF THE COURT IN THE EXERCISE OF ITS ORIGINAL
JURISDICTION
1. An application for the revision of a judgment of the
Court in the exercise of its original jurisdiction may be made only when
it is based upon the discovery of some fact of such a nature as to be a
decisive factor, which fact was, when the judgment was given, unknown to
the Court and to the party claiming revision: provided always that such ignorance was not due to negligence
on the part of the applicant.
2. Proceedings for a revision shall be opened by a
judgment of the Court expressly recording the existence of the new fact,
recognising that it has such a character as to lay the case open to revision, and declaring the
application admissible on this ground.
3. The Court may require previous compliance with the
terms of the judgment before it admits proceedings in revision.
4. The application for revision shall be made within six
months of the discovery of the new fact.
5. No application for revision may be made after the
lapse of five years from the date of the judgment.
6. Nothing in this Article shall affect the rights of
third parties accrued since the delivery of the judgment mentioned in
paragraph 1.
ARTICLE XXI
RULES OF COURT GOVERNING ORIGINAL JURISDICTION
1. The President shall, in consultation with five other
Judges of the Court selected by him, establish rules for the exercise of
the original jurisdiction of the Court.
2. Without prejudice to the generality of the preceding
sub-paragraph, Rules of Court may be made for all or any of the
following purposes -
(a) regulating the sittings of the Court, the
selection of Judges for any purpose, and the period to be observed
as a vacation in the Court and the transaction of business during
any such vacation;
(b) regulating the pleading, practice, procedure,
execution of the process of the Court and the duties of the officers
of the Court;
(c) regulating matters relating to practice in the
Court by Attorneys-at-Law, Legal Practitioners or advocates and the
representation of persons concerned in any proceedings in the Court;
(d) providing for the summary determination of any
matter which appears to the Court to be frivolous or vexatious or to
be brought for the purpose of delay;
(e) regulating matters relating to the costs and the
taxation thereof, of proceedings in the Court;
(f) providing for the delivery of judgments in an
expeditious manner;
(g) prescribing forms and fees in respect of
proceedings in the Court;
(h) prescribing the time within which any
requirement of the rules of Court is to be complied with;
(i) regulating or prescribing or doing any other
thing which may be regulated, prescribed or done by rules of Court.
ARTICLE XXII
JUDGMENT OF THE COURT TO CONSTITUTE STARE DECISIS
Judgments of the Court shall be legally binding
precedents for parties in proceedings before the Court unless such
judgments have been revised in accordance with Article XX.
ARTICLE XXIII
ALTERNATIVE DISPUTE RESOLUTION
1. Each Contracting Party shall, to the maximum extent
possible, encourage and facilitate the use of arbitration and other
means of alternative dispute resolution for the settlement of
international commercial disputes.
2. To this end, each Contracting Party shall provide
appropriate procedures to ensure observance of agreements to arbitrate
and for the recognition and enforcement of arbitral awards in such
disputes.
ARTICLE XXIV
LOCUS STANDI OF PRIVATE ENTITIES
Nationals of a Contracting Party may, with the special
leave of the Court, be allowed to appear as parties in proceedings
before the Court where:
(a) the Court has determined in any particular case
that the Treaty intended that a right conferred by or under the
Treaty on a Contracting Party shall enure to the benefit of such
persons directly; and
(b) the persons concerned have established that such
persons have been prejudiced in respect of the enjoyment of the
benefit mentioned in sub-paragraph (a) of this Article; and
(c) the Contracting Party entitled to espouse the
claim in proceedings before the Court has:
(i) omitted or declined to espouse the claim, or
(ii) expressly agreed that the persons concerned
may espouse the claim instead of the Contracting Party so
entitled; and
(d) the Court has found that the interest of justice
requires that the persons be allowed to espouse the claim.
PART III
APPELLATE JURISDICTION OF THE COURT
ARTICLE XXV
APPELLATE JURISDICTION OF THE COURT
1. In the exercise of its appellate jurisdiction, the
Court is a superior Court of record with such jurisdiction and powers as
are conferred on it by this Agreement or by the Constitution or any
other law of a Contracting Party.
2. Appeals shall lie to the Court from decisions of the
Court of Appeal of a Contracting Party as of right in the following
cases:
(a) final decisions in civil proceedings where the
matter in dispute on appeal to the Court is of the value of not less
than twenty-five thousand dollars Eastern Caribbean currency
(EC$25,000) or where the appeal involves directly or indirectly a
claim or a question respecting property or a right of the aforesaid
value;
(b) final decisions in proceedings for dissolution
or nullity of marriage;
(c) final decisions in any civil or other
proceedings which involve a question as to the interpretation of the
Constitution of the Contracting Party;
(d) final decisions given in the exercise of the
jurisdiction conferred upon a superior court of a Contracting Party
relating to redress for contravention of the provisions of the
Constitution of a Contracting Party for the protection of
fundamental rights;
(e) final decisions given in the exercise of the jurisdiction
conferred on a superior court of a Contracting Party relating to the
determination of any question for which a right of access to the
superior court of a Contracting Party is expressly provided by its
Constitution;
(f) such other cases as may be prescribed by any law
of the Contracting Party.
3. An appeal shall lie to the Court with the leave of
the Court of Appeal of a Contracting Party from the decisions of the
Court of Appeal in the following cases:
(a) final decisions in any civil proceedings where,
in the opinion of the Court of Appeal, the question involved in the
appeal is one that by reason of its great general or public
importance or otherwise, ought to be submitted to the Court; and
(b) such other cases as may be prescribed by any law
of the Contracting Party.
4. Subject to paragraph 2, an appeal shall lie to the
Court with the special leave of the Court from any decision of the Court
of Appeal of a Contracting Party in any civil or criminal matter.
5. Nothing in this Article shall apply to matters in
relation to which the decision of the Court of Appeal of a Contracting
Party is, at the time of the entry
into force of the Agreement pursuant to the Constitution or any other
law of that Party, declared to be final.
6. The Court shall, in relation to any appeal to it in
any case, have all the jurisdiction and powers possessed in relation to
that case by the Court of Appeal of the Contracting Party from which the appeal was brought.
7. (1) The President shall in consultation with five
other Judges of the Court selected by him, make Rules of Court for
regulating the practice and procedure of the Court in exercise of the
appellate jurisdiction conferred on the Court and, in relation to
appeals brought before the Court, the practice and procedure of any
court in respect of such appeals.
(2) Without prejudice to the generality of the
preceding sub-paragraph, Rules of Court may be made for all or any
of the following purposes -
(a) regulating the sittings of the Court, the selection of Judges
for any purpose, and the period to be observed as a vacation in the
Court and the transaction of business during any such vacation;
(b) regulating the pleading, practice, procedure,
execution of the process of the Court and the duties of the officers
of the Court;
(c) regulating matters relating to practice in the
Court by Attorneys-at-Law or Legal Practitioners and the
representation of persons concerned in any proceedings in the Court;
(d) prescribing the cases in which, and the
conditions upon which an appellant in a criminal appeal to the Court
shall be entitled to be present at the hearing of the appeal;
(e) providing for the summary determination of any
appeal which appears to the Court to be frivolous or vexatious or to
be brought for the purpose of delay;
(f) regulating matters relating to the costs and the
taxation thereof, of proceedings in the Court;
(g) providing for the delivery of judgments in an
expeditious manner;
(h) prescribing forms and fees in respect of
proceedings in the Court;
(i) prescribing the time within which any
requirement of the rules of Court is to be complied with;
(j) regulating or prescribing or doing any other
thing which may be regulated, prescribed or done by rules of Court.
PART IV
ENFORCEMENT, FINANCIAL AND FINAL PROVISIONS
ARTICLE XXVI
ENFORCEMENT OF ORDERS OF THE COURT
The Contracting Parties agree to take all the necessary
steps, including the enactment of legislation to ensure that:
(a) all authorities of a Contracting Party act in aid of
the Court and that any judgment, decree, order or sentence of the Court
given in exercise of its jurisdiction shall be enforced by all courts
and authorities in any territory of the Contracting Parties as if it
were a judgment, decree, order or sentence of a superior court of that Contracting Party;
(b) the Court has power to make any order for the
purpose of securing the attendance of any person, the discovery or
production of any document, or the investigation or punishment of any
contempt of court that any superior court of a Contracting Party has
power to make as respects the area within its jurisdiction.
ARTICLE XXVII
OFFICIALS AND EMPLOYEES OF THE COURT
1. There shall be a Registrar of the Court, Deputy
Registrars and other officials and employees of the Court as the
Commission may consider necessary. The holders of those offices shall be paid such salaries and allowances
and shall have such other terms and conditions of service as may, from
time to time, be determined by the Commission.
2. With the concurrence of the competent authority of a
Contracting Party, the Commission may appoint the Registrar of a
superior court in the territory of that Contracting Party to be a Deputy
Registrar of the Court.
3. The Commission may, by directions in writing and
subject to such condition as it thinks fit, delegate any of its powers
under paragraph 1 to any one or more of its members or to the Registrar
of the Court.
4. For the purposes of paragraph 2 of this Article,
“competent authority” means the authority vested with power to make
appointments to the office of Registrar of a superior court and to
exercise disciplinary control over persons holding or acting in that
office.
ARTICLE XXVIII
FINANCIAL PROVISIONS
1. The expenses of the Court and of the Commission,
including the cost of the maintenance of the Seat of the Court and the
remuneration and allowances and other payments referred to in Article XXVII and this Article, shall
be borne by the Contracting Parties in such proportions as may be agreed
by the Contracting Parties. The assessed contributions to be paid by a
Contracting Party shall be charged by law on the Consolidated Fund or
public revenues of that Contracting Party.
2. (1) Subject to this Agreement and with the approval
of the Conference, the Commission shall determine the terms and
conditions and other benefits of the President and other Judges of
the Court.
(2) The salaries and allowances referred to in
sub-paragraph 1 shall be set out in Appendix II to this Agreement.
(3) Notwithstanding the provisions of Article XXXII, the
Commission may, with the approval of the Conference, make regulations to
amend Appendix II.
3. The salaries and allowances payable to the President
and the other Judges of the Court and their other terms and conditions
of service shall not be altered to their disadvantage during their
tenure of office. For the purposes of this paragraph, in so far as the
terms and conditions of service of any Judge of the Court depend upon
the option of that Judge, the terms for which that Judge opts shall be
taken to be more advantageous to that Judge than any other terms and
conditions for which the Judge might have opted.
4. There shall be paid to members of the Commission,
other than the Chairman, the actual travelling expenses and subsistence
allowance at such rate per day as the Heads of Government may, from time to time, decide for
the purpose of performing official duties as a member of the Commission.
ARTICLE XXIX
RIGHT OF AUDIENCE
Attorneys-at-Law, legal practitioners or advocates duly
admitted to practise law in the courts of a Contracting Party shall,
subject to the powers of the
Court, not be required to satisfy any other condition in order to
practise before the Court wherever the Court is sitting in exercise of
its jurisdiction and they shall enjoy the privileges and immunities
necessary for the independent exercise of their duties.
ARTICLE XXX
PRIVILEGES AND IMMUNITIES
The privileges and immunities to be recognised and
granted by the Contracting Parties to the Judges and officers of the
Court necessary to protect their independence and impartiality shall be
laid down in a Protocol to this Agreement.
ARTICLE XXXI
REGULATIONS
The Commission may make Regulations -
(a) governing the appointment, discipline,
termination of employment and other terms and conditions of service
and employment for-
(i) Judges, other than the President; and
(ii) officials and employees of the Court;
(b) prescribing the procedure governing the conduct
of disciplinary proceedings;
(c) generally giving effect to this Agreement.
ARTICLE XXXII
AMENDMENT
1. This Agreement may be amended by the Contracting
Parties.
2. Every amendment shall be subject to ratification by
the Contracting Parties in accordance with their respective
constitutional procedures and shall enter into force one month after the date on which the last Instrument of
ratification or accession is deposited with the Secretary-General
(hereinafter in this Agreement referred to as “the Depositary”).
ARTICLE XXXIII
SIGNATURE
This Agreement is open for signature by any of the
States or countries referred to in Article II.
XXXIV
RATIFICATION
This Agreement shall be subject to ratification by the
signatory
countries in accordance with their respective constitutional procedures.
Instruments of ratification shall be deposited with the Depositary who
shall transmit
certified copies to the Government of each Contracting Party.
ARTICLE XXXV
ENTRY INTO FORCE This Agreement shall enter into force upon the deposit of Instruments
of Ratification or Accession in accordance with Article XXXIV, by at
least three
Member States of the Caribbean Community. ARTICLE XXXVI
ACCESSION 1. Any country to which paragraph (b) of Article II applies may accede
to
this Agreement and become a Contracting Party on such terms and
conditions as
the Conference may decide. 2. Instruments of Accession shall be deposited with the Depositary.
ARTICLE XXXVII
WITHDRAWAL 1. A Contracting Party may withdraw from this Agreement by giving
three years’ notice in writing to the Depositary who shall promptly
notify the other
Contracting Parties accordingly and the withdrawal shall take effect
five years after
the date on which the notice has been received by the Depositary, unless
the
Contracting Party before the withdrawal becomes effective notifies the
Depositary
in writing of the cancellation of its notice of withdrawal.
2. A Contracting Party that withdraws from this Agreement undertakes
to honour any financial or other obligations duly assumed as a
Contracting Party; this includes any matter relating to an appeal filed before withdrawal
becomes
effective. ARTICLE XXXVIII
IMPLEMENTATION
The Contracting Parties shall take all necessary action, whether of a
legislative, executive or administrative nature, for the purpose of
giving effect to this Agreement. Such action shall be taken as expeditiously as possible, and
the
Secretary-General shall be informed accordingly. ARTICLE XXXIX
RESERVATIONS A reservation may be entered to Article XXV of this Agreement with
the consent of the Contracting Parties.
IN WITNESS WHEREOF the undersigned duly authorised in that
behalf by their respective Governments have executed this Agreement.
DONE at __________________________ on the___________________day
of_______________________2001.
Signed by
for the Government of Antigua and Barbuda on the day of 2001
at
Signed by
for the Government of Barbados on the day of 2001 at
Signed by
for the Government of Belize on the day of 2001 at
Signed by
for the Government of the Commonwealth of Dominica on the
day of 2001 at
Signed by
for the Government of Grenada on the day of 2001 at
Signed by
for the Government of the Co-operative Republic of Guyana on the
day of 2001 at
Signed by
for the Government of Haiti on the day of 2001 at
Signed by
for the Government of Jamaica on the day of 2001 at
Signed by
for the Government of Montserrat on the day of 2001 at
Signed by
for the Government of St. Kitts and Nevis on the day of 2001 at
Signed by
for the Government of Saint Lucia on the day of 2001 at
Signed by
for the Government of St. Vincent and the Grenadines on the day of
2001 at
Signed by
for the Government of The Republic of Suriname on the day of
2001 at Signed by
for the Government of The Republic of Trinidad and Tobago on the
day of 2001 at
APPENDIX I I .......................... do hereby swear (or solemnly affirm) that I
will faithfully exercise the
office of President/Judge of the Caribbean Court of Justice without fear
or favour, affection
or ill-will and in accordance with the Code of Judicial Conduct.
(so help me God (to be omitted in affirmation)).
APPENDIX II
Annual Salary 1.
(a) The President of the Court - [ EC$ ]
(b) Any other Judge of the Court
- [ EC$ ]
2. Judges of the Court shall be paid superannuation benefits in respect
of their service
as Judge of the Court as follows -
(a) less than 5 years’ service - |
a gratuity of 20 per cent of the
Judge’s pensionable emoluments
at the time of retirement for every
year of service; |
(b) 5 to 10 years’ service - |
a monthly pension equivalent to two-thirds
of the Judge’s monthly
pensionable emoluments at the time
of retirement. |
(c) more than 10 years’ service - |
a monthly pension equivalent to the
Judge’s monthly pensionable
emoluments at the time of retirement. |
3. Every Judge of the Court shall be paid a monthly allowance for
housing to be
determined by the Heads of Government of the Contracting Parties in
respect of
the Judge’s occupation of a fully furnished residence.
4. Every Judge shall be paid a monthly allowance to be determined by the
Heads of
Government of the Contracting Parties to meet the expenses incurred by
the Judge
in respect of the employment of a chauffeur. 5. Every Judge shall be paid a travelling allowance to be determined by
the Heads of
Government of the Contracting Parties in respect of the use by the Judge
of a
motor car owned by the Judge on official duty, subject to the conditions
of payment
as determined by the Heads of Government of the Contracting Parties.
6. Every Judge of the Court shall be provided with telephone services at
the Judge’s
residence, without charge, except for unofficial overseas telephone
calls. 7. Every Judge of the Court shall be paid a subsistence allowance to be
determined
by the Heads of Government of the Contracting Parties for each day on
which the
Judge is on official duty in the territory of a Contracting Party other
than that of the
seat of the Court.
Fuente/Source:
Caribbean Community Secretariat |