Chapter 003:11 - Protocol to the Agreement Establishing the Caribbean Court of Justice

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L.R.O. 1/2012
LAWS OF GUYANA
PROTOCOLS TO THE AGREEMENT ESTABLISHING THE
CARIBBEAN COURT OF JUSTICE ACT
CHAPTER 3:11
Act
25 of 2007
1 – 25 ... 1/2012 (inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.
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CHAPTER 3:11
PROTOCOLS TO THE AGREEMENT ESTABLISHING
THE CARIBBEAN COURT OF JUSTICE ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title and commencement.
2. Interpretation.
3. Protocols to have the force of law.
4. Amendment of the Protocols.
SCHEDULE I – Protocol to the Agreement Establishing the Carib-
bean Court of Justice relating to the Tenure of Judges, Rules of
Court, Financial Arrangements and Withdrawal from Agreement as
well as the Relationship between Provisions on the Original
Jurisdiction of the Caribbean Court of Justice and the Constitutions
of State Parties.
SCHEDULE II – Protocol to the Agreement Establishing the
Caribbean Court of Justice relating to Security of Tenure of
Members of the Regional Judicial and Legal Services
Commission.
SCHEDULE III – Protocol to the Agreement Establishing the
Caribbean Court of Justice relating to the Tenure of Office of
Judges of the Court.
__________________________
25 of 2007 AN ACT to give effect to certain Protocols to the Agreement
Establishing the Caribbean Court of Justice and for
matters connected therewith.
[23RD JULY, 2002]

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Short title.
Interpretation.

1. (1) This Act may be cited as the Protocols to the
Agreement Establishing the Caribbean Court of Justice Act.
(2) This Act shall be deemed to have come into
force –
(i) in respect of the Protocol in
Schedule I, in accordance with
Article XII of that Protocol;
(ii) in respect of the Protocol in
Schedule II, on the 6th July
2006; and
(iii) in respect of the Protocol in
Schedule III, on the 7th June,
2007.
2. In this Act ‚Protocol‛ means
(i) the Protocol to the Agreement
Establishing the Caribbean
Court of Justice relating to
the Tenure of Judges, Rules
of Court, Financial
Arrangements and
Withdrawal from Agreement
as well as the Relationship
between Provisions on the
Original Jurisdiction of the
Caribbean Court of Justice
and the Constitutions of State
Parties in Schedule I;
(ii) Protocol to the Agreement
Establishing the Caribbean
Court of Justice relating to
Security of Tenure of
Members of the Regional
Judicial and Legal Services
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Protocols to
have the force
of law.

Amendment of
the Protocols.
Commission in Schedule II;
(iii) Protocol to the Agreement
Establishing the Caribbean
Court of Justice relating to the
Tenure of Office of Judges of
the Court in Schedule III.
3. The Protocols shall have the force of law in
Guyana.
4. (1) Where Guyana becomes a party to any
agreement to amend a Protocol, the Minister may, by order,
amend Schedule I, Schedule II or, as the case may be,
Schedule III by including therein the amendment.
(2) An order made under subsection (1) may
contain consequential, supplemental or ancillary provisions
(including provisions amending this Act) as appear to the
Minister to be necessary or expedient for the purpose of
giving effect to the amendment of the Protocol.
(3) Where a Protocol in Schedule I, Schedule II
or, as the case may be, Schedule III is amended pursuant to
this section, any reference in this Act or any other instrument
to the Protocol shall, unless the context otherwise requires,
be construed as a reference to the Protocol as so amended.
(4) Every order made under this section shall
be subject to negative resolution of the National Assembly.
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SCHEDULE I
PROTOCOL TO THE AGREEMENT ESTABLISHING THE
CARIBBEAN COURT OF JUSTICE RELATING TO THE
TENURE OF JUDGES, RULES OF COURT, FINANCIAL
ARRANGEMENTS AND WITHDRAWAL FROM
AGREEMENT AS WELL AS THE RELATIONSHIP
BETWEEN PROVISIONS ON THE ORIGINAL
JURISDICTION OF THE CARIBBEAN COURT OF
JUSTICE AND THE CONSTITUTIONS OF STATES
PARTIES
The Contracting Parties to the Agreement Establishing the
Caribbean Court of Justice (hereinafter called ‚the
Agreement‛):
Recalling Article XXXII of the Agreement;
Desiring to effect certain amendments to the Agreement in
order to
(a) Modify the provisions respecting the
tenure of the Judges of the Court;
(b) Ensure that sound arrangements for
the administration and financial
sustainability of the Court are
provided for;
(c) Clarify the circumstances governing
withdrawal from the Agreement; and
(d) Make abundantly clear the
relationship between the original
jurisdiction of the Caribbean Court of
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Justice and the constitutional order in
their respective jurisdictions.
Agree as follows:
Article I
Tenure of Office of Judges
Paragraph 5 of Article IX of the Agreement shall be reworded
to read as follows:
5. (1) Subject to Article IV, paragraph 6, 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 7, 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.
Article II
Rules of the Court Governing Original Jurisdiction
In Article XXI of the Agreement, insert in paragraph I,
immediately before the word “five” the words “not less
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than two nor more than”. The provision as amended shall
read as follows:
‚1. The President shall, in consultation with not less than
two nor more than five other Judges of the Court selected by
him, establish rules for the exercise of the original jurisdiction
of the Court.‛
Article III
Appellate Jurisdiction of the Court
In Article XXV of the Agreement, insert in paragraph 7 (1),
immediately before the word ‚five‛ the words ‚not less than
two nor more than‛. The provision as amended shall read as
follows:
‚1. The President shall, in consultation with not less than
two nor more than five other Judges of the Court selected by
him, make Rules of Court for regulating the practice and
procedure of the Court in the 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.‛
Article IV
Financial Provisions
Appendix II shall be deleted and Article XXVIII amended to
read as follows:
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
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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 and as set out in the Annex to the
Revised Agreement Establishing the Caribbean Court of
Justice Trust Fund. 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. Subject to this Agreement and with the approval of
the Heads of Government, the Commission shall determine
the terms and conditions and other benefits of the President
and other Judges of the Court.
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 the members of the
Commission, other than the Chairman and to the Members of
the Board of Trustees of the Caribbean Court of Justice Trust
Fund, the actual travelling expenses and subsistence
allowance at such rate per day as the Heads of Government of
the Contracting Parties may, from time to time, decide for the
purpose of performing official duties as a member of the
Commission.
Article V
Relationship to Constitutional Order
The provisions regarding the original jurisdiction set out in
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this Agreement shall not be construed to require a
Contracting Party to enact legislation that is inconsistent with
its constitutional structure or the nature of its legal system.
Article VI
Withdrawal
Article XXXVII of the Agreement shall be amended to read
as follows:
‚1. A Contracting Party may withdraw from this
Agreement by giving 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 was 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 VII
Signature
This Protocol shall be open for signature by the Contracting
Parties to the Agreement.
Article VIII
Ratification
This Protocol shall be subject to ratification. Instruments of
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Ratification shall be deposited with the Depositary who shall
transmit certified copies to the Government of each
Contracting Party.
Article IX
Relationship between this Protocol and the Agreement
This Protocol shall be read as one with the Agreement.
Article XI
Accession
1. This Protocol shall, after it has entered into force, be
open for accession by any Caribbean country that is eligible to
become a Contracting Party to the Agreement establishing the
Caribbean Court of Justice in accordance with Article II of
that Agreement.
2. A Caribbean country referred to in paragraph I
may accede to this Protocol if at the same time it ratifies or
accedes to the Agreement establishing the Caribbean Court of
Justice in accordance with the provisions of Article II of that
Agreement.
3. Instruments of Accession shall be deposited with
the Depositary who shall transmit certified copies to the
Government of each Contracting Party. Accession shall take
effect one month after the date of deposit.
Article XII
Entry into Force
This Protocol shall enter into force in accordance with Article
XXXII, paragraph 2 of the Agreement one month after the
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date on which the last instrument of Ratification or Accession
is deposited with the Secretary-General.
IN WITNESS WHEREOF the undermentioned
representatives duly authorised in that behalf have executed
this Protocol for their respective Governments.
Done at.....................................................on the..........day
of.............................2005
Signed by
for the Government of Antigua and Barbuda on the
day of 2005 at
Signed by
for the Government of Barbados on the day of
2005 at
Signed by
for the Government of Belize on the day of
2005 at
Signed by
for the Government of Bahamas on the day of
2005 at
Signed by
for the Government of the Commonwealth of Dominica on
the day of 2005 at
Signed by
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for the Government of Grenada on the day of
2005 at
Signed by
for the Government of The Cooperative Republic of Guyana
on the day of 2005 at
Signed by
for the Government of Haiti on the day of
2005 at
Signed by
for the Government of Jamaica on the day of
2005 at
Signed by
for the Government of Montserrat on the day of
2005 at
Signed by
for the Government of St. Kitts and Nevis on the day of
2005 at
Signed by
for the Government of Saint Lucia on the day of
2005 at
Signed by
for the Government of St. Vincent and the Grenadines on the
day of 2005 at
Signed by
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for the Government of The Republic of Suriname on the
day of 2005 at
Signed by
for the Government of The Republic of Trinidad and Tobago
on the
day of 2005 at
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SCHEDULE II
PROTOCOL TO THE AGREEMENT ESTABLISHING THE
CARIBBEAN COURT OF JUSTICE RELATING TO THE
SECURITY OF TENURE OF MEMEBERS OF THE
REGIONAL JUDICIAL AND LEGAL SERVICES
COMMISSION
PREAMBLE
The Contracting Parties,
Noting that the Agreement Establishing the Court of Justice,
hereinafter referred to as ‘’the Agreement’’, entered into the
force on 23 July 2002;
Conscious that security of tenure of the members of the
Regional Judicial and Legal Services Commission is necessary
to protect their independence and impartiality;
Desirous of providing for the security of tenure of members of
the commission,
Have agreed as follows:

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ARTICLE I
USE OF TERMS
In this Protocol –
‚Chairman‛ means the Chairman of the Commission;
‚Commission‛ means the Regional Judicial and Legal
Services Commission established by the Agreement;
‚Contracting Party‛ means a states Party to the Agreement;
‚Courts‛ means the Caribbean Court of Justice;
‚Secretary-General‛ means the Secretary-General of the
Caribbean Community;
ARTICLE II
REMOVAL FROM OFFICE OF
MEMBERS OF THE COMMISSION
1. Subject to Article V of the Agreement, a member of
the Commission, other than the chairman-
(a) 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 this Article; and
(b) Shall be removed from office by the Heads of
Government, if the question of the removal of
that member has been referred by the Heads of
Government to a tribunal and the tribunal has
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advised that the member ought to be removed
from office for inability or misbehaviour referred
to in sub paragraph (a).
2. If at least three Heads of Government jointly represent to the other Heads that the question of
removing a member, other than the chairman, from
office ought to be investigated, then –
(a) The Chairman shall appoint a tribunal
which shall consist of three persons,
selected by the Chairman after such
consultation 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 Contraction
Parties, or a court having jurisdiction
in appeals from any such court; and
(b) The tribunal shall enquire into the
matter and advise the Chairman
whether or not the member ought to
be removed from office.
3. The provisions of any law relating to the holding of
commissions of inquiry in the Contracting Party
where the inquiry is held shall apply as nearly as may
be in relation to tribunals appointed under paragraph
2 or; as the context may require, to the members
thereof as they apply in relation to Commissions or
Commissioners appointed under the law.
4. Where the question of removing a member of the
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Commission from office has been referred to a
tribunal under paragraph 2, the Heads of
Government shall suspend such member from
performing the functions of his office, and any such
suspension shall cease to have effect if the tribunal
advises the Heads of Government that the member
ought not to be removed from office.
ARTICLE III
SIGNATURE
This Protocol shall be open for signature by the Contracting
Parties to the Agreement.
ARTICLE IV
ENTRY INTO FORCE
This protocol shall enter into force immediately upon
signature of at least three Contracting Parties.
ARTICLE V
ACCESSION
1. A 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 of the Contracting Parties.

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ARTICLE VI
AMENDMENTS
1. Consultations in respect of any amendment to this
Protocol may be initiated by the Government of a
Contracting Party.
2. Amendments shall enter into force upon their
acceptance by all of the Contracting Parties.
ARTICLE VII
DEPOSITARY
This Protocol and any amendment thereto shall be deposited
with the Secretary-General who shall transmit certified copies
to the Contracting Parties.
ARTICLE VIII
WITHDRAWAL
A Contracting Party that withdraws from the Agreement
shall be deemed to have withdrawn from this Protocol.
IN WITNESS WHEREOF the undermentioned representatives
duty authorised in that behalf have executed this Protocol for
their respective Governments.
Done at.....................................................on the..........day
of.............................2006
Signed by
for the Government of Antigua and Barbuda on the
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day of 2006 at
Signed by
for the Government of Barbados on the day of
2006 at
Signed by
for the Government of Belize on the day of
2006 at
Signed by
for the Government of the Commonwealth of Dominica on
the day of 2006 at
Signed by
for the Government of Grenada on the day of
2006 at
Signed by
for the Government of The Cooperative Republic of Guyana
on the day of 2006 at
Signed by
for the Government of Jamaica on the day of
2006 at
Signed by
for the Government of Montserrat on the day of
2006 at

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ss.1 and 2
Signed by
for the Government St. Kitts and Nevis of on the day of
2006 at
Signed by
for the Government of Saint Lucia
on the day of 2006 at
Signed by
for the Government of St. Vincent and the Grenadines on the
day of 2006 at
Signed by
for the Government of The Republic of Suriname on the
day of 2006 at
Signed by
for the Government of The Republic of Trinidad and Tobago
on the
day of 2006 at
__________
SCHEDULE III
PROTOCOL TO THE AGREEMENT ESTABLISHING THE
CARIBBEAN COURT OF JUSTICE RELATING TO THE
TENURE OF OFFICE OF JUDGES OF THE COURT
The Contracting Parties,
NOTING that the Agreement establishing the Caribbean
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Court of Justice (hereinafter referred to as ‚the Agreement‛)
entered into force on 23 July 2002 and that the Court was
inaugurated on 16 April 2005;
BEARING IN MIND that Article IV of the Agreement
provides that 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;
TAKING INTO ACCOUNT that the current composition of
the Court is the President and six other Judges and that
Article IX of the Agreement provides that a Judge of the
Court shall hold office until he attains the age of seventy-two
years;
COGNIZANT that the Court is integral to the deepening of
the regional integration process and will play a critical role in
the organisation of the CARICOM Single Market and
Economy.
COGNIZANT ALSO that the current composition of the
Court underscores the special need for the relevant
institutional capacity to be maintained, especially during its
evolutionary phase, that is, until the Court is constituted in
accordance with paragraph 1 of Article IV of the Agreement.
HEREBY AGREE AS FOLLOWS:
ARTICLE I
INTERPRETATION AND CONSTRUCTION
The provisions of this Protocol shall be read and construed as
one with the Agreement.

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ARTICLE II
SPECIAL PROVISION
RELATING TO TENURE OF JUDGES
1. Notwithstanding paragraphs 2 and 3 of Article IX
of the Agreement, the Commission may, if it appears to the
Commission at any time during the evolutionary phase of the
Court that special circumstances so require, extend the tenure
in office of a Judge of the Court by a period.
(a) in the case of the President, that is not
beyond the date on which he attains
the age of seventy-five years or the
date on which he completes seven
years in office, whichever of those
events first occurs;
(b) in the case of any other Judge of the
Court, that is not beyond the date on
which he attains the age of seventy-
five years.
Where the Commission is considering an extension of
the tenure of the President under this Article, the Chairman of
the Commission shall take no part in any deliberations or
decision of the Commission relating to the matter.
2. The provisions of paragraph 2 and 3 of Article IX of
the Agreement relating to the continuance in office of the
President or any other Judge for the purpose of delivering
judgment or dealing with part heard proceedings, shall apply
at the end of any extension of tenure granted to the President
or a Judge pursuant to paragraph 1 hereof.
3. Save as otherwise provided in this Protocol, the
provisions of the Agreement and any Protocol thereto shall
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apply to the President or any other Judge holding office
pursuant to this Protocol.
4. For the purposes of paragraph 1, ‚the evolutionary
phase of the Court‛ means the period ending with the
appointment of the maximum number of Judges as provided
for in paragraph 1 of Article IV of the Agreement.
ARTICLE III
SIGNATURE
This Protocol shall be open for signature by the Contracting
Parties.
ARTICLE IV
RATIFICATION
This Protocol shall be subject to ratificiation by the
Contracting Parties in accordance with their respective
constitutional procedures.
ARTICLE V
PROVISIONAL APPLICATION
This Protocol shall be provisionally applied upon signature
by all the Contracting Parties.
ARTICLE VI
INTO FORCE
This Protocol shall enter in force one month after the date of
deposit of the last instrument of ratification by the
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Contracting Parties.
IN WITNESS WHEREOF the undersigned duly
authorized in that behalf by their respective Governments
have executed this Protocol.
Signed by
For the Government of Antigua and Barbuda on the day
of
2007 at
Signed by
For the Government of Barbados on the day of
2007 at
Signed by
For the Government of Belize on the day of
2007 at
Signed by
For the Government of the Commonwealth of Dominica on
the day of 2007 at
Signed by
For the Government of Grenada on the day of
2007 at
Signed by
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For the Government of the Cooperative Republic of Guyana
on the day of 2007
at
Signed by
For the Government of Jamaica on the day of
2007 at
Signed by
For the Government of St. Kitts and Nevis on the day of
2007 at
Signed by
For the Government of Saint Lucia on the day of
2007 at
Signed by
For the Government of St. Vincent and the Grenadines on the
day of 2007 at
Signed by
For the Government of the Republic of Suriname on the
day of 2007 at
Signed by
For the Government of the Republic of Trinidad and Tobago
on the day of 2007 at
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