No. 10 of 2004. The Caribbean Court of Justice 1 ANTIGUA
Act, 2004. ANB

BARJ3UaA

I Assent,

James B. Carlisle,
Governor-General.

17th October, 2004.

ANTIGUA AND BARBUDA

No. 10 of 2004

AN ACT to implement the Agreement Establishing the Caribbean
Court of Justice and other Agreements relating to the Court
and the Regional Judicial and Legal Services Commission and
for other related matters.

[ Published in the OfJicial Gazette Vol. XYIV
No. 77 dated 28th October, 2004. ]

ENACTED by the Parliament of Antigua and Barbuda as fol-
lows:

1. This Act may be cited as the Caribbean Court of Justice Short title and
Act, 2004 and shall come into operation on a date appointed by commence-
the Minister by notice published in the Gazette ment.

2. (1) In this Act, unless the context otherwise requires - Interp'etation.

"Agreement" means the Agreement Establishing the Car-
ibbean Court of Justice, signed at Bridgetown, Barbados
on the 14th February. 2002, the text of which is set out in
the First Schedule;

ANPGUA 2 The Caribbean Coirrt of Justice No. 10 of 2004.
AND Act, 2004.

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"appellate jurisdiction" means the appellate jurisdiction
conferred upon the Court by or under Part I11 of the
Agreement;

"Commission" means the Regional Judicial and Legal Ser-
vices Commission established by Article V of the Agree-
ment;

"Contracting Party" means a Contracting Party within the
meaning of Article I of the Agreement; and, in relation
to Antigua and Barbuda, means the Government of
Antigua and Barbuda;

"Court" means the Caribbean Court of Justice established
by the Agreement;

"Court of Appeal" or "Court of Appeal of a Contracting
Cap 422A Party", in relation to Antigua and Barbuda, means the

Court of Appeal established under the Supreme Court
Order;

"Minister" means the Minister responsible for justice and
legal affairs;

"original jurisdiction" means the original jurisdiction of
the Court provided for in Part I1 of the Agreement;

"Rules of Court" means the Rules of Court made under
Article XXI of the Agreement; and

"Treaty" means the Revised Treaty of Chaguaramas Es-
tablishing the Caribbean Community Including the
CARICOM Single Market and Economy, signed in the
Bahamas on the 5th July, 2001.

(2) For the purposes of Article XXIV of the Agreement, a
reference to a national of a Contracting Party, in relation to
Antigua and Barbuda, includes a reference to -

Cap. 23
(a) a citizen of Antigua and Barbuda by virtue of the

Constitution or any other law;

(b) a person who, not being a citizen of Antigua and
Barbuda, is lawfully resident in Antigua and

No. 10 of 2004. The Caribbean Court of Justice 3 ANTIGUA
Act, 2004. AND

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Barbuda in accordance with the Immigration and Cap. 208
Passport Act or any other law; and

(c) an entity, in Antigua and Barbuda, established by
or under any law of Antigua and Barbuda.

3. The following shall have the force of law in Antigua and Agreement, its
Barbuda: related Instru-

ments, and Rules
o f Court to have
force of law.

(a) the Agreement (other than the provisions of the First Schedule.
Agreement relating to the appellate jurisdiction of the
Court provided for in Part I11 of the Agreement) and
the relevant Rules of Court made thereunder; and

(b) the Second, Third and Fourth Schedules. Second, Third
and Fourth
Schedules.

4. The Court shall have the original jurisdiction conferred Adoption of Juris-
on it by Part I1 of the Agreement. diction o f the

Court.

5. Nothing in this Act shall be construed as conferring ju- Exclusion of mat-
risdiction on the Court to hear any matter in relation to the Court ters declared final.
of Appeal which on the date of commencement of this Act was,
pursuant to the Constitution or any other law, declared to be
final.

6. (1) Matters pertaining to the exercise of the originaljuris- Mode of bringlng
diction of the Court shall be brought before the Court in the matters before
manner prescribed by the relevant Rules of Court. Court.

(2) The Minister shall cause the Rules of Court to be pub-
lished in the Gazette.

7. The amount of the contribution assessed under the Fourth Expenses of
Schedule as payable by the Government for the expenses of and

Commission to
the Court and Commission in accordance with Article XVIII of be a charge on
the Agreement shall be charged on and paid from the Consoli- Consolidated
dated Fund. Fund.

8. The proceedings ofthe Commission shall not be enquired Immunity of
into in any court. Commission

from court
proceedings.

ANTIGUA 4 The Caribbean Court of Justice No. 10 of 2004.
AND Act, 2004.

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First Schedule: The Agreement Establishing the Caribbean Court of Justice.

Second Schedule: The Protocol to the Agreement Establishing the Caribbean
Court of Justice Relating to the Juridical Personality and
Legal Capacity of the Court.

Third Schedule: The Protocol on the Status, Privileges and Immunities of the
Caribbean Court of Justice and the Regional Judicial and
Legal Services Commission.

Fourth Schedule: The Agreement Establishing the Caribbean Court of Justice
Trust Fund.

FIRST SCHEDULE

AGREEMENT ESTABLISEIING 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 hrther 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 deep-
ening of the regional integration process;

RECOGNISING the sovereignty of Members of the Caribbean Community;

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HEKJ%Y AGREE as follows:

kaTICltE I
USE OF TERllZS

In this Agreement, unless the context otherwise requires:

'Commission' means the Regional Judicial and Legal Services Commission
established by Article V;

'Conference' meaw the Conference of Heads of Govetnment of Member
States of the Caribbean Community;

'Contracting Party' means an entity referred to in Article II which has sat-
isfied the requirements of membership and in relation to which this Agree-
ment is in force;

'Heads of Government' means the Heads of Government of the Contract-
ing 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.

PAKT I

MEMBERSHIP, ESTABLISHMENT OF THE COURT,
THE COMMISSION AND RELATED MATTERS

ARTICLE I1
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.

ANTIGUA 6 The Caribbean Court of Justice No. 10 of 2004.
AND Act, 2004.

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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 11, and

(b) Appellate jurisdiction in accordance with the provisions of Part 111.

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 Govermnent 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 pos-
sess 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 I1 and I11 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.

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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 Com-
mission.

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 ju-
risdiction 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 dis-
tinguished 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.

ANTIGUA 8 The Caribbean Court of Justice No. 10 of 2004.
AND Act, 2004.

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ARTICLE V
ESTABLISHMENT OF THE REGIONAL JUDICIAL AND

LEGAL SERVICES COMMISSION

1. There is hereby established a Regional Judicial and Lagal Services Com-
mission 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 Organization of the Cornmon-
wealth Caribbean Bar Association (OCCBA) and the Qrganisation of
Eastern Caribbean States (OECS) Bw Association;

(c) One chairman of the Judicial Services Commission of a Contracting
Party sdeoted in rotation in the English alphabetical order for a pe-
riod of three years;

(d) The Chairman of a Public Service Commission of a Contracting @arty
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 QECS for
a period of three years following consultations with regional non-
govenunental organisations;

Two distinguished jurists nominated jointly by the Dean of the Fac-
ulty 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 appoint-
ment 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;

No. 10 of 2004. The Caribbean Court30f Justice 9 ANTIGUA
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(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 t!le 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 disci-
plinary control over Judges of the Court, other than the President, and over of-
ficials 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 re-appointment for
another term of office.

5. The members of the Commission referred to in paragraph l(b), (c), (d), r'J
and (g) shall be appointed by letter under the hand of the President.

5. 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 unex-
pired 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 va-
cancy in its menlbership 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 in-
validated by reason of the non-receipt by a member of the Cornmis-
sion, of a notice for a meeting of the Commission.

8. The Commission may, by directions in writing and subject to such condi-
tions 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 Conlrnission, resign
from the Commission

ANTIGUA 10 The Caribbean Court of Justice No. 10 of 2004.
AND Act, 2004.

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10. The Commission shall, no later than 3 1 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 con-
sist of not less than six members of the Commission including the Chairman or,
where the Deputy Chairnlan is presiding, the Deputy Chairman.

14. Subject to this Article, the Conlmission 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 Commis-
sioners 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 par-
ticular, full capacity to contract.

2. The privileges and immunities to be accorded the Commission and its mem-
bers in the territories of the Contracting Parties shall be laid down in a Protocol
to this Agreement.

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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 WI
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 ap-
pointment 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 perfomled by such one of the other Judges of the Court ap-
pointed 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 Gov-
ernment 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 func-
tions 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 re-
sumes 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

ANTIGUA 12 The Caribbean Court of Justice No. 10 of 2004.
AND Act, 2004.

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years, whichever is earlier, except that the President shall continue in offike, if
cecessary, for a further period not exceeding three months to enable him lo de-
liver judgment or to do any other thing in relation to any proceedings partheard
by him.

3. Subject to the provisions of this Article, a Judge of the Court sha l hold
office until he attains the age of seventy-two years, except that he shaa con-
tinue in office, if necessary, for a further period not exceeding three molths to
enable him to deliver judgment or to do any other thing in relation to a@ pro-
ceedings part-heard by him.

4. A Judge may be removed from office only for inability to perform t& func-
tions of his office, whether arising from illness or any other causd or for
misbehaviour, and shall not be so removed except in accordance with thd provi-
sions 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 in-
ability 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 -

the Heads of Government or the Commission shall appoint a tribunal
which shall consist of a chairman and not less than two other mem-
bers, selected by the Heads of Government or the Commission, as
the case may be, after such consultations as may be considered expe-
dient, 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 jurispru-
dence conlnlon to Contracting Parties, or a court having jurisdiction
in appeals from any such court; and

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(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 in-
quiry 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 para-
graph 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. Of 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 re-
voked 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 Gov-
ernment or the Commission that the Judge ought not to be removed from office.

9. (i) 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 I1
ORIGINAL JURISDICTION OF THE COURT

ARTICLE XI
CONSTITUTION OF THE COURT

1. The Court, in the exercise of its original jurisdiction, shall be duly consti-
tuted if it consists of not less than three judges being an uneven number of
judges.

ANTIGUA 14 The Caribbean Court of Justice No. 10 of 2004.
AND Act, 2004.

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2. The judges referred to in paragraph 1 shall possess the expertise neces-
sary 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 Presi-
dent.

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 XI1
JURTSDICTION 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 Co~tracting 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, concern-
ing the interpretation and application of the Treaty.

2. For the purposes of this part, "national courts" includes the Eastern Carib-
bean 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.

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ARTICLE XIV
REFERRAL TO THE COURT

Where a national court or tribunal of a Contracting Party is seized of an issue
whose resolution involves a question concerning the interpretation or applica-
tion 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 judg-
ment 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 mat-
ter shall be determined by decision of the Court.

ARTICLE X W
LAW TO BE APPLIED BY THE COURT IN THE EXERCISE OF

ITS ORIGINAL JURISDICTION

1. The Court, in exercising its original jurisdiction under Article XI1 (b) and
(c), shall apply such rules of i~iternational aw as may be applicable.

2. The Court may not bring in a finding of non-liquet on the ground of si-
lence 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.

ARTICLExwI
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

ANTIGUA 16 The Caribbean Court of Justice No. 10 of 2004.
AND Act, 2004.

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Court in the exercise of its original jurisdiction, it may apply to the ~ P u r t to in-
tervene 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 proceed-
ings; 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 revi-
sion: 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 ex-
pressly 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 ad-
missible 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 discov-
ery 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.

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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 pro-
cess 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 per-
sons concerned in any proceedings in the Court;

(d) Providing for the summary detemzination 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;

@ 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 DECISZS

Judgments of the Court shall be legally binding precedents for parties in pro-
ceedings before the Court unless such judgments have been revised in accor-
dance with Article XX.

ANTIGUA 18 The Caribbean Court of Justice No. 10 of 2004.
AND Act, 2004.

BARBUDA

ARTICLE XXlTI
ALTERNATIVE DISPUTE RESOLUTION

1. Each Contracting Party shall, to the maximum extent possible, encourage
and facililate the use of arbitration and other means of alternative dispute reso-
lution 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 en-
forcement of arbitral awards in such disputes.

ARTICLE XXIV
LOCUS STANDI OF PRIVATE ENTRIES

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 in-
tended that a right conferred by or under the Treaty on a Contract-
ing Party shall ensure 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 per-
sons be allowed to espouse the claim.

PART 111
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 Agree-
ment or by the Constitution or any other law of a Contracting Party.

No. 10 of 2004. The Caribbean Court of Justice 19 ANTIGUA
Act, 2004. AND

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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 thou-
sand dollars Eastern Caribbean currency (EC$25,000) or where the
appeal involves directly or indirectly a claim or a question respect-
ing 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 ques-
tion 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 contra-
vention 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 upon
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;

fl such other cases as may be prescribed by any law of the Contract-
ing 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 Contract-
ing 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.

ANTIGUA 20 The Caribbean Court of Justice No. 10 of 2004.
AND Act, 2004.

BARBUDA

5. Nothing in this Article shall apply to matters in relation to which the deci-
sion 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 Ap-
peal 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 pro-
cess of the Court and the duties of the officers of the Court;

(c) Regulating matters relating to practice in the Court by Attomeys-at-
Law or Legal Practitioners and the representation of persons con-
cemed 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 ap-
pears to the Court to be frivolous or vexatious or to be brought for
the purpose of delay;

fJl 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;

No. 10 of 2004. The Caribbean Court of Justice 21 ANTIGUA
Act, 2004. AND

BARBUDA

6) Regulating or prescribing or doing any other thing which may be
regulated, prescribed or done by rules of Court.

PART N
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 exer-
cise 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 XXW
OFFICIALS AND EMPLOYEES OF THE COURT

1. There shall be a Registrar of the Court, Deputy Registrars and other offi-
cials 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 condi-
tion 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

ANTIGUA 22 The Caribbean Court of Justice No. 10 of 2004.
AND Act, 2004.

BARBUDA

of a superior court and to exercise disciplinary control over persons holding or
acting in that office.

ARTICLE XXWII
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 Con-
tracting 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 I1 to this Agreement.

(3) Notwithstanding the provisions of Article XXXII, the Commission may,
with the approval of the Conference, make regulations to amend Appendix 11.

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 para-
graph, 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 con-
ditions for which the Judge might have opted.

4. There shall be paid to members of the Commission, other than the Chair-
man, the actual travelling expenses and subsistence allowance at such rate per
day as the Heads of Government may, from t h e 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 practice
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 practice before the

No. 10 of 2004. The Caribbean Court of Justice 23 ANTIGUA
Act, 2004. AND

BARBUDA

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 Contract-
ing 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 Agree-
ment.

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 goveming the conduct of disciplinary pro-
ceedings;

(c) generally giving effect to this Agreement.

ARTICLE XXXTI
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 Xxxm
SIGNATURE

This Agreement is open for signature by any of the States or countries re-
ferred to in Article 11.

ANTIGUA 24 The Caribbean Court of Justice No. 10 of 2004.
AND Act, 2004.

BARBUDA

ARTICLE XXXIV
RATIFICATION

This Agreement shall be subject to ratification by the signatory countries in ac-
cordance with their respective constitutional procedures. Instruments of ratifica-
tion shall be deposited with the Depositary who shall transmit certified copies to
the Government of each Contracting Party.

ARTICLE X M V
ENTRY INTO FORCE

This Agreement shall enter into force upon the deposit of Instruments of Rati-
fication or Accession in accordance with Article XXXIV, by at least three Mem-
ber States of the Caribbean Community.

ARTICLE XMVI
ACCESSION

1. Any country to which paragraph (b) of Article I1 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 XXXW
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 De-
positary 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 XXXWI
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 Agree-

No. 10 of 2004. The Caribbean Court of Justice 25 ANTIGUA
Act, 2004. p

B'4RJ3UDA

ment. Such action shall be taken as expeditiously as possible, and the Secretary-
General shall be informed accordingly.

ARTICLE XXXTX
RESERVATIONS

A reservation may be entered to Article XXV of this Agreement wi?h the con-
sent of the Contracting Parties.

APPENDIX I

I ........................................................ do hereby swear (or solemnly am) that I will
faithfully exercise the office of PresidentIJudge of the Caribbean Court of Justice
without fear or favour, affection or illwill and in accordance with the Code of
Judicial Conduct.

So help me God (to be omitted in affirmation).

APPENDIX 11

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 super-annuation 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.

ANTIGUA 26 ?' / I o Cilrihh~wt~ Oilrt q f ' Ji~sticc' No. I0 of 2004.
AND . - l c ~ . 2004.

BARBUDA

4. Every Judge shaH be pad 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 ol the employment of a chauffeur.

5. Every Judge shall be pad a travelling allowance to be determined by the
Heads of Government of the ('ontracting Parties in respect of the use by the
Judge of a motor car owncd by the Aldge on official duty, subject to the condi-
tions of payment as detcrmlnccl by the lleads of Government of the Contracting
Parties.

6. Every Judge of thc ('utlrt shall be pruvided with telephone services at the
Judge's residence, w l t l~o~~ t charge, e\c.cpt for ~lnofficial overseas telephone calls.

7. Every Judge of the ('ot~rt shall be paid 3 subsistence allowance to be de-
terrnlned by the I-ieads of (;u\ crnmenc of the C'unt~actlng Parties for each day on
bbhlch the Judge 1s on ofticla1 duty 111 the trrrltory of a Contracting Party other
than that of the seat of t11c ('ourt

PRO'I'WOL '1.0 THE AGREERlENT ESTABLISHLNG THE

CARIBBEAN COURT OF JUSTICE RELATING TO THE JURLDICAL

PERSONALITY AND LEGAL CAPACITY

OF THE COURT

The Currtrricting Purtic~s:

Notirrg that the Agreement Establishing the Caribbean Court of Justice (herein-
after referred to as "the Agreement") entered into force on 23 July 2002;

Currsciorrs that Article V1 of the Agreement confers on the Regional Judicial and
Legal Services Comnlission (hereinafter referred as "the Conlrnission") full juridi-
cal personality, including, 111 particular, full capacity to contract;

Aware that the Government of Trinidad and Tobago, the Contracting Party in
whose territory the Seat of the Caribbean Court of Justice (hereinafter referred to
as "the Court") is situated, in accordance with Article I11 (4) of the Agreement,
intends to conclude an Agreement relating to the Seat of the Court and the Head-
quarters of the Commission;

Desirous of conferring on the Court full juridical personality and legal capacity,

Have Agreed as follows:

No. 10 of 2004. The Caribbean Court of Justice 27 ANTIGUA
Act, 2004. AND

BARBUDA

ARTICLE I
JURIDICAL PERSONALITY AND

LEGAL CAPACITY OF THE COURT

1. The Court shall have full juridical personality.

2. Each Contracting party to the Agreement shall, in its territory, accord to
the Court the most extensive legal capacity accorded to legal persons under its
municipal law.

3. In any legal proceedings, the Court shall be represented by the Registrar
of the Court.

4. Each Contracting Party to the Agreement shall take such action as is nec;
essary to make effective in its territory the provisions of this Article and shall
promptly inform the Secretary-General of the Caribbean Community of such ac-
tion.

ARTICLE I1
PRIVILEGES AND IMMUNITIES

OF THE COURT AND THE COMMISSION

The President of the Court shall conclude with the Government of Trinidad
and Tobago an Agreement relating to the Seat of the Court and the Headquar-
ters of the Commission setting out, inter alia: '

(a) the terms respecting the facilitation of the administration and operation
of the Court and the Commission; and

(b) the privileges and immunities to be accorded to the Commission and its
members, the Court, the Judges and officers of the Court, parties, their
counsel and other persons required to appear before the Court.

ARTICLE m
RELATIONSHIP BETWEEN THIS PROTOCOL

AND THE AGREEMENT

This Protocol shall be read as one with the Agreement.

ARTICLE IV
SIGNATURE

This Protocol shall be open for signature by the Contracting Parties to the
Agreement.

ANTIGUA 28 The Caribbean court of Justice No. 10 of 2004.
AND Act, 2004.

BARBUDA

ARTICLE V
ENTRY INTO FORCE

This Protocol shall enter into force on signature by the Contracting Parties to
the Agreement.

ARTICLE VI
ACCESSION

1. Any Contracting Party to the Agreement may accede to this Protocol.

2. Instruments of accession shall be deposited with the Secretary-General who
shall transmit certified copies to the Governments.

THIRD SCHEDULE

PROTOCOL ON THE STATUS, PRIVILEGES AND IMMUNITIES
OF THE CARIBBEAN COURT OF JUSTICE AND THE REGIONAL

JUDICIAL AND LEGAL SERVICES COMMISSION

PREAMBLE

The Contracting Parties

Noting that the Agreement Establishing the Caribbean Court of Justice entered
into force on 23 July 2002;

Recognising that paragraph 2 of Article VII of the Agreement Establishing the
Caribbean Court of Justice (hereinafter referred to as "the Agreement") provides
that the privileges and immunities to be accorded the Regional Judicial and Le-
gal Sewices Commission shall be laid down in a Protocol to the Agreement;

Conscious that Article XXX of the Agreement also provides that the privileges
and inmlunities to be recognised and granted by the Contracting Parties thereto
to the judges and officers of the Court necessary to protect their independence
and impartiality, shall be laid down in a Protocol to the Agreement; and

Desirous of establishing conditions to safeguard the independence and integ-
rity of the judges and officers of the Caribbean Court of Justice (hereinafter re-
ferred to as "the Court") and the Members of the Regional Judicial and Legal
Services Commission,

Have agreed as follows:

No. 10 of 2004 The Caribbean Court of Justice 29 ANTIGUA
Act, 2004. AND

BARBUDA

ARTICLE I
USE OF TERMS

In this Protocol, unless the context otherwise requires:

"archives of the Court or the Commission" includes the records, correspon-
dence, documents, manuscripts, photographs, slides, films, sound recordings and
electronic storage devices belonging to or held by the Court or the Commission;

"Commission" means the Regional Judicial and Legal Services Commission es-
tablished by Article V of the Agreement;

"competent Authorities" means national, regional or local authorities of the Con-
tracting Parties as may be appropriate in the context and in the laws of the Con-
tracting Parties;

"Conference" means the Conference of Heads of Government of the Member
States ef the Caribbean Community;

"Contracting Party" means a state in relation to which this Protocol is in
force;

"counsel" means a person qualified to conduct proceedings before the Court
on behalf of another;

"the Court" means the Caribbean Court of Justice established by Article I11 of
the Agreement;

"the Government" means the Government of a Contracting Party to this Pro-
tocol;

"officers of the Court" means the Registrar of the Court and the Deputy
Registrar:

"the President" means the President of the Court;

"property" means all forms of property, including funds and assets belonging
to or held or administered by the Court or the Commission and all income accru-
ing to the Court or the Commission;

"Registrar" means the Registrar of the Court;

"Secretary-General" means the Secretary-General of the Caribbean Commu-
nity.

ANTIGUA 30 The Caribbean Court of Justice No. 10 of 2004.
AND Act, 2004.

BARBUDA

ARTICLE I1
PROPERTY FUNDS AND ASSETS OF THE COURT

AND THE COMMISSION

1. The Court, the Commission, their property and assets, wherever located
and by whomsoever held, shall enjoy immunity from every form of legal process
except in so for as in any particular case such immunity has been expressly
waived in accordance with Article X. No waiver of immunity shall extend to any
measure of execution.

2. The property of the Court and the Commission, wherever located and by
whomsoever held, shall be immune from search, requisition, confiscation, expro-
priation and any other form of interference whether by executive, administrative
or judicial action.

ARTICLE m
PREMISES OF THE COURT AND THE COMMISSION

1. The premises occupied by the Court or the Commission shall be inviolable.

2. The President may make regulations relating to the premises mentioned in
paragraph 1 of this Article for the purpose of establishing therein conditions
necessary for the full execution of the fbnctions of the Court or the Commission,
as the case may be.

3. Officials of the Government shall not enter the premises referred to in this
Article to perform any official duties therein except with the consent of and under
conditions agreed by the President. However, in case of fire or other emergency
requiring prompt protective action or in the event that officials of the Govern-
ment have reasonable cause to believe that such an emergency has occurred,
the consent of the President to entry on the premises by the officials of the Gov-
ernment shall be presumed if the President cannot be reached in time.

ARTICLE IV
ARCHIVES OF THE COURT AND THE COMMISSION

The archives of the Court and the Commission, and in general all documents
belonging to or held by the Court or the Commission, shall be inviolable wher-
ever located.

ARTICLE V
EXEMPTION FROM FOREIGN

EXCHANGE CONTROLS

1. Without being restricted by financial controls, regulations or moratoria of any
kind, the Court and the Commission shall be entitled for their official use only:

No. 10 of 2004. The Caribbean Court of Justice 31 ANTIGUA
Act, 2004. AND

BARBUDA

(a) to purchase from authorised dealers, hold and make use of nego-
tiable currencies, operate foreign currency and external accounts and
purchase through authorised dealers, hold and make use of funds
and securities;

(b) to freely transfer their finds, securities and foreign currencies to or
from the territory of any Contracting Party and to convert any cur-
rency held by them into any other currency.

2. The Court and the Commission, in exercising their rights under paragraph
1 of this ArticIe, shall pay due regard to any representations made by the Gov-
ernment and shall give effect to such representations so far as this is possible
without detriment to the interests of the Court or the Commission.

ARTICLEVI
EXEMPTTON PROM TAXE3, CUSTOIWS

D m s AND IMPORT OR EXPORT DUTIES

1. The Court and the Commission shall be exempt from:

(a) any form of direct or indirect taxation, but the Court or the Commis-
sion shall not claim exemption from taxes which are, in fact, no more
than charges for public utility services;

(b) customs duties and prohibitions and restrictions on imports in re-
spect of articles imported or exported by the Court or the Cornrnis-
sion for their official use, subject to the condition that articles irn-
ported under such exemption shall not be sold within the territory of
the Contracting Party except under conditions agreed to with the Gov-
ernment;

(c) customs duties and other levies and prohibitions and restrictions in
respect of the import, sale and export of their publications.

2. For the purposes of this Article, "indirect taxation" means airport depar-
ture or travel tax, travel ticket tax, hotel and restaurant taxes, customs and excise
duties, consumption tax, stamp duties, withholding tax on interest, value added
tax, finance charges and imposts with equivalent effect.

ARTICLE W
FACIUTDB IN RESPECT OF COMMUNICATIONS

1. The Court and the Commission shall, in relation to their official communica-
tions, enjoy in the territory of the Contracting Party, treatment no less favourable
than that accorded by the Government to any other international organisation.

ANTIGUA 32 The Caribbean Court of Justice No. 10 of 2004.
AND Act, 2004.

BARBUDA

2. The Court and the Commission shall be immune from censorship of their
official correspondence and official communications.

3. The Court and the Commission shall have the right to use codes and to
despatch and receive correspondence whether by courier or in sealed bags, which
shall have the same immunities and privileges as diplomatic couriers and bags.

4. Nothing in this Article shall be construed so as to preclude the adoption of
appropriate security measures in the interest of the Government concerned.

ARTICLE Vm
JUDGES AND OFFICERS OF THE COURT AND

MEMBERS OF THE COMMISSION

1. Judges and officers of the Court and members of the Commission engaged
in the business of the Court or the Commission, as the case may be, in the ter-
ritory of a Contracting Party, shall enjoy:

(a) immunity from legal process in respect of words spoken or written
and all acts done by them in their official capacity; such immunity
shall continue notwithstanding that the persons concerned have
ceased to exercise their functions with the Court or the Commission;

(b) immunity from personal arrest or detention in relation to acts per-
formed by them in their official capacity;

(c) inviolability of all papers, documents and materials related to the work
of the Court or the Commission as the case may be;

(d) exemption from immigration restrictions, alien registration require-
ments and national service obligations;

(e) the same protection and repatriation facilities in times of international
crisis as are accorded representatives of foreign governments on tem-
porary official missions;

fl the right, for the purpose of all communications with the Court or
the Commission, as the case may be, to use codes and to despatch
or receive papers, correspondence or other official material by cou-
rier or in sealed bags;

(g) the same privileges and facilities in respect of currency and exchange
restrictions as are accorded to representatives of foreign governments
on temporary official missions;

No. 10 of 2004. The Caribbean Court of Justice 33 ANTIGtrA
Act, 2004. AND

BARBUDA

(h) immunity from inspection and seizure of personal and official bag-
gage except in cases where the person is caught inflagrante delicto.
In such cases, the competent authorities shall immediately inform the
Registrar or other appropriate official of the Court. Inspection of per-
sonal baggage shall be conducted in the presence of the person con-
cerned or his authorised representative, and in the case of official
baggage, in the presence of a duly authorised representative of the
Registrar;

(i) exemption from any form of direct taxation on salaries, remuneration
and allowances paid by the Court or the Commission and from cus-
toms duties on imports in respect of articles imported for personal
use, subject to the condition that articles imported under such ex-
emption shall not be sold within the temtory of the Contracting Party
except under conditions determined by the Government.

ARTICLE IX
COUNSEL APPEARING IN PROCEEDINGS

BEFORE THE COURT

1. Counsel appearing in proceedings before the Court while present in the
territory of a Contracting Party shall, in the performance of their hnctions con-
nected with such proceedings, enjoy:

(a) inviolability of all papers, documents and materials relating to the
proceedings before the Court;

(b) immunity from personal arrest or detention and legal process in rela-
tion to words spoken or written or acts performed by them in rela-
tion to proceedings before the Court;

(c) exemption from immigration restrictions, alien registration require-
ments and national service obligations;

(d) the same privileges and facilities in respect of currency and exchange
restrictions in relation to proceedings before the Court as are accorded
to representatives of foreign governments on temporary official rnis-
sions.

2. The immunity mentioned in paragraph l(a) and (b) shall continue although
the person entitled is no longer conducting proceedings before the Court.

3. The privileges, immunities and facilities mentioned in this Article are only
intended to assist Counsel in the efficient representation of clients in proceed-
ings before the Court and shall not be employed to circumvent applicable laws
and regulations of the Government.

ANTIGUA 34 The Curibbeun Court of Justice No. 10 of 2004.
AND Act, 2004.

BARBUDA

ARTICLE X
CMPERATION WITH COMPETENT AUTHORITIES

1. Privileges and immunities are recognised and granted by this Protocol
in the interest of the Court and the Commission and not for the personal ben-
efit of persons entitled thereto. The Conference in the case of the President
and the President in the case of other persons entitled thereto, shall have
the right to waive such privileges and immunities whenever in their opinion the
enjoyment of the privileges and irnmunities would impede the course of justice
and could be waived without prejudice to the interests of the Court or the Com-
mission.

2. The President and the Registrar, as the case may be, shall co-operate at all
times with the competent authorities to facilitate the proper administration of jus-
tice, secure the observance of the laws and regulations of the Government and
to avoid the occurrence of any abuse in connection with the privileges, irnmuni-
ties and facilities mentioned in this Protocol.

3. Without prejudice to the privileges and immunities accorded by this Proto-
col, it is the duty of all persons enjoying such privileges and immunities to re-
spect the laws and regulations of the Government and not to interfere in the
internal affairs of the Contracting Party.

4. If the Government considers that an abuse has occurred in the enjoyment
of any privilege or immunity conferred by this Protocol, the Registrar shall, at
the request of the Government, consult with the competent authorities to deter-
mine whether such an abuse has occurred. If such consultations fail to achieve
results satisfactory to the Registrar and the Government, the issue shall be settled
in accordance with the procedure laid down in Article XII.

ARTICLE XI
FACILITATION OF TRAVEL

1. Subject to the laws or regulations restricting entry or movement for rea-
sons of national security, the Contracting Party shall extend all facilities for the
uninterrupted passage within its territory as well as for the entry and departure
therefrom of the categories of persons mentioned below:

(a) judges of the Court and members of their families forming part of
their households;

(b) officers of the Court and members of their families forming part of
their households;

No. 10 of 2004. The Caribbean Court of Justice 35 ANTIGUA
Act, 2004. AND

BARBUDA

(c) members of the Commission;

(d) counsel and their clients appearing in proceedings before the Court;

(e) persons appearing in proceedings before the Court;

fl persons other than oficers of the Court performing missions for the Court
and members of their families forming part of their household; and

(g) other persons invited to the Seat of the Court or the offices of the
Commission on official business.

2. The Registrar shall communicate to the Government the names of the per-
sons mentioned in paragraph 1 of this Article.

3. This Article shall not be applicable in case of a general interruption of
transportation and shall not impede the effective application of laws in force nor
waive the reasonable application of quarantine and health regu!ations.

4. Visas required by persons referred to in paragraph I of this Article shall be
granted by the Government expeditiously and free of charge.

ARTICLE XI1
SETTLEMENT OF DISPUTES

1. The President shall make appropriate provisions for the settlement of:

(a) disputes arising out of contracts and other disputes of a private law
character to which the Court or the Commission is a party;

(b) disputes involving any judge or officer of the Court or Counsel con-
ducting proceedings before the Court enjoying immunity if such
immunity has not been waived by the persons empowered in that
behalf.

2. Any difference between the Government and the Court or the Commission
arising out of the interpretation or application of this Protocol and which is not
settled by negotiation or other agreed mode of settlement, shall be referred for
final decision to a Tribunal of three arbitrators at the instance of any Contract-
ing Party to this Protocol: one to be appointed by the Government, one to be
appointed by the Registrar, and the third, who shall be the Chairman of the Tri-
bunal, to be chosen by the first two arbitrators.

3. If any of the parties fails to appoint an arbitrator within six weeks of the
decision to resort to arbitration, an arbitrator or arbitrators, as the case may be,
shall be appointed for such purposes by the Secretary-General.

ANTIGUA 36 The Caribbean Court of Justice No. 10 of 2004.
AND Act, 2004.

BARBUDA

4. If the first two arbitrators within three weeks of their appointment fail to
agree upon the third arbitrator, the Government or the Registrar shall request the
Secretary-General to appoint the third arbitrator.

5. A majority vote of the arbitrators shall be sufficient to reach a decision
which shall be final and binding.

6. The Chairman shall be empowered to settle all questions of procedure in
any case where there is disagreement between the other arbitrators in respect
thereto.

ARTICLE XUI
ENTRY INTO FORCE

This Protocol shall enter into force immediately upon signature by at least
three Contracting Parties to the Agreement.

ARTICLE XIV
ACCESSION

1. Any Contracting Party to the Agreement may accede to this Protocol.

2. Instruments of accession shall be deposited with the Secretary-General who
shall transmit certified copies to the Governments.

ARTICLE XV
AMENDMENT3

1. Consultations in respect of any amendment to this Protocol may be initi-
ated either by the Government or the Registrar.

2. Amendments shall enter into force upon their acceptance by all of the Con-
tracting Parties.

ARTICLE XVI
DEPOSlTrnY

This Protocol and any amendment thereto shall be deposited with the Secretary-
General who shall transmit certified copies thereof to the Contracting Parties.

Each Contracting Party shall promptly inform the Conference of the action
which it has taken to make effective the provisions of this Protocol in its terri-
tory.

No. 10 of 2004. The Caribbean Court of Justice 37 ANTIGUA
Act, 2004. AND

BARBUDA

ARTICLE XVIII
WlTKDRAWAL

1. A Contracting Party which withdraws from the Agreement, may also with-
draw from this Protocol by giving notice in writing to the Depositary who shall
promptly notify the other Contracting Parties accordingly.

1

2. Withdrawal shall take effect five years after the date on which the notice
was received by the Depositary, unless the Contracting Party before the with-
drawal becomes effective notifies the Depositary in writing of the cancellation of
its notice of withdrawal.

3. A Contracting Party withdrawing from this Prstocol shall honour all obli-
gations assumed by it before the effective date of its withdrawal.

FOURTH SCHEDULE

AGREEMENT ESTABLISHING THE CARIBBEAN COURT OF
JUSTICE TRUST FUND

The Parties to the Agreement Establishing the Caribbean Court of Justice:

Cognisant that the Court is indispensable for the good governance of the Car-
ibbejln Community;

Recognising the critical role of the Court in the efficient administration of Jus-
tice in the territories of the Contracting Parties to the Agreement establishing
the Court;

Recognising further that the Court is vital for the structured and efficient func-
tioning of the CARICOM Single Market and Economy;

Noting the provisions of Article XXVIII of the Agreement establishing the Court
which requires the expenses of the Court and the Commission to be borne by
the Contracting Parties to the Agreement establishing the Court;

Conscious that the financial viability of the Court is essential for its efficiency,
effectiveness and independence in the performance of its functions;

Bearing in mind the decision of the Twenty-third Meeting of the Conference of
Heads of Government of the Caribbean Community concerning the capital and
recurrent expenditures of the Court;

b

Determined to promote and safeguard the independence, integrity and credibil-
ity of the Court,

AhTTIGUA 38 The Caribbean Court of Justice No. 10 of 2004.
AND Act, 2004.

BARBUDA

Have agreed as follows:

ARTICLE I
INTERPRETATION

1. In this Agreement unless the context otherwise requires:

"Board" means the Board of Trustees of the Fund;

"Commission" means the Regional Judicial and Legal Services Commis-
sion established under Article V of the Agreement Establishing the Carib-
bean Court of Justice;

"Court" means the Caribbean Court of Justice established under Article
I11 of the Agreement Establishing the Caribbean Court of Justice;

"find" means the Caribbean Court of Justice Trust Fund established by
Article I1 of this Agreement;

"Member" means a Contracting Party to the Agreement Establishing the Car-
ibbean Court of Justice and in relation to which this Agreement is in force;
and

"Secretary-General" means the Secretary-General of the Caribbean Com-
munity.

ARTICLE I1

ESTABLISHMENT OF THE CARIBBEAN COURT OF
JUSTICE TRUST FUND

The Caribbean Court of Justice Trust Fund is hereby established.

ARTICLE m
PURPOSE OF FUND

The purposes of the Fund shall be to provide the resources necessary to
finance the biennial capital and operating budget of the Court and the Commis-
sion in perpetuity.

ARTICLE N
RESOURCES OF THE FUND

1. The resources of the Fund shall consist of:

No. 10 of 2004. The Caribbean Court of Justice 39 ANTIGUA
Act, 2004. AND

BARBUDA

(a) the contributions of Members;

(b) income derived from operations of the Fund or otherwise accruing
to the Fund, and

(c) contributions of third parties being contributions which are not likely
to prejudice the independence or integrity of the Court.

2. The Fund shall not solicit nor accept any grant, gift or other material ben-
efit from any source except with the consent of all the Members.

3. Each original Member shall, upon the entry into force of this Agreement,
contribute or cause to be contributed to the Fund the amount expressed in the
scale of contributions set out in the Annex to this Agreement.

4. Each Member acceding to this Agreement shall make contributions to the
Fund in accordance with the provisions set out in its instrument of accession.

5. The Board shall review the adequacy of the resources of the Fund, not
later than two years after the entry into force of this Agreement and thereafter at
least once within every succeeding biennium.

6. The Board shall communicate the results of the review to the Members.

7. Where upon such a review an inadequacy in resources is found to exist,
the Members shall make additional contributions in the proportions reflected in
the Annex to this Agreement.

8. Contributions of Members shall be made for the purpose of the Fund with-
out restriction as to use.

9. Financing from the Fund shall be governed by considerations of economy,
efficiency and cost effectiveness and the need to safeguard the independence
and sustainability of the Court and the Commission.

10. For the purpose of this Article "original Member" means a State or terri-
tory of the Caribbean Community which was a Member on the date this Agree-
ment entered into force.

ARTICLE V
STRUCTURE OF THE FUND

The Fund shall have a Board of Trustees.

ANTIGUA 40 The Caribbean Court of Justice No. 10 of 2004.
AND * ~ c t ; 2004.

BARBUDA

ARTICLE VI
COMPOSITION OF THE BOARD OF TRUSTEES

1. Subject to the provisions, of this Article, the Board of Trustees shall con-
sist of the following or their nominees:

(a) The Secretary-General;

(b) The Vice-Chancellor of the University of the West Indies;

(c) The President of the Insurance Association of the Caribbean;

(d) The Chairman of the Association of Indigenous Barks of the Carib-
bean;

( ) The President of the Caribbean Institute of Chartered Accountants;

0 The ~ris ident of\he Organisation of Commonwealth Caribbean Bar
Associations;

(g) The Chairman of the Conference of Heads of the Judiciary of Mem-
ber States of the Caribbean Community;

(h) The President of the Caribbean Association of Industry and Com-
merce; and

(i) The President of the Caribbean Congress of Labour.

2. There shall be a Chairman and Vice-Chairman of the Board elected by the
Board from among its members. The Chairman and Vice-Chairman shall hold of-
fice for a period of b e e years.

3. Where a trustee -

(a) resigns or dies;

(b) becomes bankrupt or otherwise insolvent;

(c) becomes unwilling or refuses to serve as a trustee;

(d) is convicted of an offence involving dishonesty; or

(e) in the unanimous opinion of the other members of the Board, be-
comes unfit or incapable to act as such, the competent institution

No. 10 of 2004. The Caribbean Court of Justice 41 ANTIGUA
Act, 2004. AND

BARBUDA

shall nominate a person of comparable status or experience to act in
place of that trustee.

4. Where an institution fails to nominate a trustee in accordance with para-
graph 3 or an institution mentioned in paragraph 1 ceases to exist, the Secretary-
General may designate a person or persons, as the case may require, to act as a
trustee.

5. Where more than three designations by the Secretary-General are required
to make up the full complement of the Board of Trustees, the Members may, by
consensus, propose an amendment to the Agreemeqt 4 accordance with Article
XII.

6. A trustee may resign by transmitting a written notice in that behalf to the
Chairman of the Board. Where the Chairman wishes to resign from the office of
Chairman or Trustee, such notice shall be transmitted to the Vice-Chairman of
the Board.

ARTICLE VII
FUNCTIONS OF THE BOARD

1. The Board shall be responsible for directing the operations of the Fund,
and, for this purpose shall, in particulw, exercise the following functions:

(a) evaluate the performance of the Fund;

(b) establish with the approval of the Members guidelines for pruden-
tial investment of the resources of the Fund;

(c) establish with the approval of the Members the financial regulations
of the Fund;

(rl) appoint the Executive Officer of the Fund;

(e) authorise the provision of resources required for the biennial capital
and operating budget of the Court and the Commission submitted
by the Executive Officer;

Cf) appoint an investment manager or managers to manage the invest-
ments of the Fund in accordance with the investment guidelines for
the Fund;

, q j applove the annual report on the performance of the Fund for trans-
!1115>1011 to the Membets

ANTIGUA -42 1110 ('irr.rhhc~rrn Court oj Jir~ticr No. 10 of 2004.
AND Act , 2004

BAKBLTL)A

( A ) a p p r o ~ e the cap~tal and operating annual budget of the Fund;

( I ) appo~nt an external Auditol. of the Fund;

(1) subm~t a n annual report to the Members, and

( X ) perf'ornl such other ti~nctions as may be necessary or appropriate for
the operations of the F~lnd

(2) The Board may exerc~se such powers and establish such rules as may be
necessary or appropriate in t'urtlierance of its pulpose and functions consistent
with this Agreement.

AII'HCLE \'I11
1'IIOCEI)I;RES OF THE BOARD

1. The Board shall hold two regular nleetings each year and may hold such
other meeting as the Board considers necessary

2. The Boa.rd shall elect a Chairman and one Vice-chairman at its first regular
annual meeting.

3. Each member of the Board shall have one vote.

4. A simple majority of the members of the Eoard shall constitute the quorum
for any meeting of the Board.

5. Subject to paragraph 6 of this Artlcle the Board shall take decisions by
consensus. A proposal shall be deemed to have been adopted by consensus if
no member of the Board rased a formal object~on against it during the meeting.

6. Where the Cha~rman of the Board determines that a decision cannot be
reached by consensus, the Chairman shall submit the matter to a vote. In such
a case the Board shall take ~ t s declsion by a majority of two-thirds of its mem-
bers.

7. Subject to thls Agreement, the Board may adopt its own rules of proce-
dure.

ARTICLE VIII bis
THE SEAL OF THE FUND

1. The Fund shall have and use as occasion may require, a Seal having a device
or impression with the inscription "Caribbean Court of Justice Trust Fund."

No. 10 of 2004. The Caribbean Court of Justice 43 ANTIGUA
Act, 2004. AND

BARBUDA

2. The Seal of the Fund shall be kept in the custody of the Executive Officer
and shall be affixed to documents pursuant to a resolution of the Board in the
presence of the Chairman of the Board and the Executive Officer.

3. The Seal shall be authenticated by the signature of the Chairman of the
Board and the Executive Officer.

ARTICLE M
FUNCTIONS OF THE EXECUTIVE OFFICER

The Executive Officer shall report to the Board and shall be invited to partici-
pate in all its meetings, except where the Board considers it inexpedient, having
regard to the matters on the agenda for any meeting. The Executive Officer shall:

(a) prepare and submit to the Board the capital and operating annual
budget of the Fund;

(b) manage the day-to-day operations of the Fund;

(c) enlploy staff and engage the services of consultants;

(d) prepare and submit to the Board for submission to the Members:

(i) a quarterly report on the performance of the Fund;

(ii) an annual report on the operations of the Fund;

(e) submit to the Board a statement of receipts and expenditures relat-
ing to the Fund during the preceding fiscal year as audited by the
External Auditor;

0 represent the Fund in relation to third parties; and

(g) perform any other functions as may be assigned by the Board from
time to time.

ARTICLE X
JURIDICAL PERSONALITY AND LEGAL CAPACITY

1. The Fund shall possess full juridical personality and in particular capacity to:

(a) contract;

(b) acquire and dispose of immovable and movable property; and

ANTIGUA 44 The Caribbean Court of Justice No. 10 of 2004.
AND Act, 2004.

BARBUDA

(c) institute legal proceedings.

2. The principal office of the Fund shall be located in Trinidad and Tobago.

3. The Fund shall conclude an agreement with the Government of Trinidad
and Tobago on the status, privileges and immunities of the Fund. The agree-
ment shall be approved by the Board, and signed by the Chairman.

ARTICLE XI
PRIVILEGES AND IMMUNITIES

1. To enable the Board and Officers of the Fund to fulfill the functions with
which it is entrusted, the status, immunities and privileges provided in this Article
shall be accorded to the Fund in the territories of each Member.

2. The Fund shall enjoy immunity from every form of legal process. Its prop-
erty and assets, wheresoever located and by whomsoever held, shall be immune
from all forms of seizure, attachment or execution.

3. The archives of the Fund shall be inviolable.

4. To the extent necessary to carry out the operations provided for in this
Agreement and subject to the provisions of this Agreement, all property and
assets of the Fund shall be free from restrictions, regulations, controls and mora-
toria of any nature.

5. The official communications of the Fund shall be accorded by each Mem-
ber the same treatment that it accords to the official communications of other
Members.

6. The Fund, its assets, property, income and its operations and transactions,
shall be exempt from all taxation, all customs duties on goods imported for its
official use and all other imposts.

7. Notwithstanding the provisions of paragraph 6 of this Article, the Fund
will not claim exemption from imposts that are no more than charges for public
utility services.

8. Where the Fund has paid any duties, taxes or other imposts, the Members
shall make appropriate administrative arrangements for the remission or return of
the amount of duty, tax or imposts paid.

9. Articles imported under an exemption from customs duties as provided by
paragraph 6 of this Article, or in respect of which a remission or return of duty

No. 10 of 2004. The Caribbean Court of Justice 45 ANTlGUA
Act, 2004. AND

BARBUDA

or tax has been made under paragraph 8, shall not be sold in the territory of the
Member which granted the exemption, remission or return except under condi-
-tions agreed with that Member.

10. No tax shall be levied on or in respect of salaries and emoluments paid by
the Fund to members of the Board or other officers, but Members reserve the
right to tax their own citizens or nationa!~ or persons permanently resident in the
territories of such Members.

11. All officers of the Fund:

(a) shall be exempt from the payment of income taxes except where that
officer is a citizen, permanent resident or national of the State grant-
ing the exemption;

(b) shall be accorded such immunities from immigration restrictions, alien
registration requirements and national service obligations, and such
facilities as regards exchange control restrictions, as are not less
favourable than those accorded by the Member concerned to the
representatives, officials and employees of comparable rank of any
other Member;

(c) shall be given such repatriation in time of international crisis as are
not less favourable than those accorded by the Member concerned
to the representatives, officials and employees of comparable rank
of any other Member.

12. The Trustees:

(a) shall be immune from all legal proaess in respect of the lawhl dis-
charge of their responsibilities under this Agreement;

(b) shall be accorded immunities from immigration restrictions and
such facilities as would ensure the proper discharge of their func-
tions.

13. The immunities, exemptions and privileges provided in this Article are
granted in the interests of the Fund. The Board may waive to such extent and
upon such conditions as it may determine, the immunities, exemptions and privi-
leges provided in this Article in cases where such action would, in its opinion,
be appropriate in the best interests of the Fund.

14. The Executive Officer shall have the right and the duty to waive any im-
munity, exemption or privilege in respect of any other officer where, in his opin-

ANTIGUA 46 The Caribbean Court of Justice No. 10 of 2004.
AND Act, 2004.

BARBUDA

ion, the immunity, exemption or privilege would impede the course of justice and
can be waived without prejudice to the interests of the Fund. In similar circum-
stances and under the same conditions, the Board shall have the right and duty
to waive any immunity, exemption or privilege respecting the Executive Officer,
and in the case of members of the Board, the Members shall waive such immunity.

15. The Members shall take such action as is necessary in their own territo-
ries for the purpose of making effective in terms of their law the principles set
forth in this Article and shall inform the Fund of the detailed action which they
have taken.

ARTICLE XII
AMENDMENT

Any Member may submit to the Board a proposal to amend a provision of
this Agreement. The Board shall promptly submit the proposal to all other Mem-
bers. The amendment shall take effect on the thirtieth day following the date on
which the Secretary-General (hereinafter referred to as "the Depositary") has
received the approval of three-quarters of the Members.

ARTICLE XIH
SIGNATURE

This Agreement shall be open for signature by the States mentioned in the
Annex hereto.

ARTICLE XIV
ENTRY INTO FORCE

This Agreement shall enter into force on signature by the States mentioned
in the Annex hereto.

ARTICLE XV
RESERVATIONS

No reservations may be entered in respect of any provision of this Agree-
ment.

ARTICLE XVI
ANNEX

The Annex to this Agrement shall constitute an integral part of this Agree-
ment.

No. 10 of 2004. The Caribbean Court of Justice 47 ANTIGUA
Act, 2004. AND

BARBUDA

ARTICLE XW
ACCESSION

1. Any Member State of the Caribbean Community or any State or territory
invited by the Conference of Heads of Government of the Caribbean Community
to participate in the Court may become a Member by acceding to this Agree-
ment on terms and conditions agreed between it and the Fund. Accession shall
be effected by the deposit of an instrument of accession approved by the Board.
This Agreement shall enter into force for the acceding Member on the thirtieth
day following the date on which its instrument of accession was deposited with
the Depositary.

2. Where any State accedes to this Agreement and undertakes to discharge
its financial obligations to the Trust Fund, the Amex shall be amended to reflect
such accession and undertaking.

ARTICLE X W I
WITHDRAWAL

1. Where a Member withdraws from the Agreement Establishing the Carib-
bean Court of Justice, such a Member shall be deemed to have withdrawn from
this Agreement with effect from the date of that Member's withdrawal from the
Agreement establishing the Caribbean Court of Justice.

2. A Member withdrawing from this Agreement shall honour all obligations
assumed by it before the effective date of its withdrawal.

ARTICLE XIX
DEPOSITARY AND REGISTRATION

1. This Agreement shall be deposited with the Depositary.

2. This Agreement shall be registered in accordance with .the provisions of
Article 102, of the Charter of the United Nations.

ANNEX

CONTRIBUTION OF THE MEMBERS OF THE TRUST FUND

MEMBERS PER CENT SHARE

Antigua and Barbuda

Barbados

Belize

ANTIGUA 48 The Caribbean Court of Justice No. 10 of 2004.
AND Act, 2004.

BARBUDA

Dominica

Grenada

Guyana

Haiti

Jamaica

Montserrat

St. Kitts and Nevis

Saint Lucia

St. Vincent and the Grenadines

Suriname

Trinidad and Tobago

TOTAL

Passed the House of Representatives Passed the Senate this 3rd day of
this 26th day of August, 2004. September, 2004.

D. Giselle Isaac-Arrindell,
Speaker.

Edmond A. Mansoor,
President.

Y. Henry, Y. Henry,
Acting Clerk to the House of Represen- Acting Clerk to the Senate.

tatives.

Printed at the Government Printing Office, Antigua and Barbuda,
by Walter A. Massiah, Government Printer

-By Authority, 2004.
1000-10.04 [ Price $1 7.65 ]