Caribbean Court of Justice
LAWS OF TRINIDAD AND TOBAGO
CARIBBEAN COURT OF JUSTICE ACT
CHAPTER 4:02
Act
8 of 2005
Amended by
204/2006
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–48 ..
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Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.
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CHAPTER 4:02
CARIBBEAN COURT OF JUSTICE ACT
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title.
2. Interpretation.
3. Agreement to have force of law.
PART II
JURISDICTION AND POWERS
4. Jurisdiction of the Court.
5. Constitution of the Court in exercise of its original jurisdiction.
PART III
ORIGINAL JURISDICTION OF THE COURT
6. Original jurisdiction of the Court.
7. Third party rights.
8. Revisions of judgments.
9. Binding precedent.
PART IV
ADMINISTRATIVE PROVISIONS
10. Appointment of Registrar as Deputy Registrar.
11. Right of audience.
12. Status of the Court and the Regional Judicial and Legal Services
Commission.
13. Composition of Commission.
14. Responsibility of Commission.
15. Rules of Court.
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PART V
PRIVILEGES AND IMMUNITIES
16. Application of the Privileges and Immunities Protocol.
17. Certificate of Minister as conclusive evidence.
PART VI
GENERAL
18. Payment from Consolidated Fund.
19. Amendment to the Schedules.
FIRST SCHEDULE.
SECOND SCHEDULE.
ARRANGEMENT OF SECTIONS—Continued
SECTION
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CHAPTER 4:02
CARIBBEAN COURT OF JUSTICE ACT
An Act to implement the Agreement Establishing the
Caribbean Court of Justice in its original jurisdiction
and for related matters.
[16TH DECEMBER 2005]
PART I
PRELIMINARY
1. This Act may be cited as the Caribbean Court of
Justice Act.
2. In this Act, unless the context otherwise requires—
“Agreement” means the Agreement Establishing the Caribbean
Court of Justice, signed at Bridgetown, Barbados, on the
14th day of February, 2001, as amended by the Protocol to
the Agreement Establishing the Caribbean Court of Justice
Relating to the Juridical Personality and Legal Capacity of
the Court signed at Montego Bay, Jamaica, on the 4th day
of July 2003, the texts of which are set out, respectively, in
Parts A and B of the First Schedule;
“Commission” means the Regional Judicial and Legal Services
Commission established by Article V of the Agreement;
“Contracting Party” means a Contracting Party within the
meaning of Article I of the Agreement;
“Court” means the Caribbean Court of Justice established by
paragraph 1(a) of Article III of the Agreement;
“Minister” means the Attorney General;
“party” means any party to proceedings before the Court;
“President” means the President of the Court;
“Privileges and Immunities Protocol” means the Protocol on the
Status, Privileges and Immunities of the Caribbean Court of
8 of 2005.
Commencement.
[286/2005].
Short title.
Interpretation.
First Schedule.
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Justice and the Regional Judicial and Legal Services
Commission signed at Montego Bay, Jamaica, on the 4th
day of July 2003, the text of which is set out in the
Second Schedule;
“Rules of Court” means the Rules of Court made pursuant to
Article XXI(1) and Article XXV(7) of the Agreement;
“Treaty” means the Revised Treaty of Chaguaramas establishing
the Caribbean Community including the CARICOM Single
Market and Economy signed at Nassau, The Bahamas, on
the 5th day of July 2001.
3. The articles of the Agreement in so far as they relate to
access to the Court and related proceedings and Rules of Court,
shall have the force of law in Trinidad and Tobago.
PART II
JURISDICTION AND POWERS
4. (1) The Court shall exercise the original jurisdiction
conferred on it by this Act in accordance with Part II of
the Agreement.
(2) Subject to section 5(3) and section 8, decisions of
the Court shall be final.
(3) The seal of the Court shall bear the inscription “The
Caribbean Court of Justice” and shall be affixed to such
documents as occasion may require.
5. (1) Subject to subsection (2), the Court, in the
exercise of its original jurisdiction, shall be constituted by not
less than three Judges and in every case, the number shall be an
uneven number.
(2) The original jurisdiction of the Court may be exercised
by a sole Judge appointed in accordance with the Agreement.
(3) The decision of a sole Judge under subsection (2)
may be reviewed by a panel comprising not more than five
Judges and may be varied, discharged or reversed by the Court
upon an application by an aggrieved party under section 8.
Second
Schedule.
Agreement to
have force
of law.
Jurisdiction
of the Court.
Constitution
of the Court
in exercise
of its original
jurisdiction.
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PART III
ORIGINAL JURISDICTION OF THE COURT
6. (1) The Court in the exercise of its original
jurisdiction shall—
(a) have compulsory and exclusive jurisdiction to
hear and determine disputes concerning the
interpretation and application of the Treaty
including—
(i) disputes between Contracting Parties;
(ii) disputes between Contracting Parties and
the Caribbean Community;
(iii) referrals from national Courts or tribunals
of Contracting Parties; and
(iv) applications by persons in accordance
with section 7;
(b) at the request of a Contracting Party or the
Caribbean Community, deliver advisory
opinions concerning the interpretation and
application of the Treaty.
(2) In the exercise of its original jurisdiction, the Court
shall apply such rules of international law as may be applicable.
(3) Matters pertaining to the exercise of the original
jurisdiction of the Court shall be brought before the Court by
written application, in the manner prescribed by the Rules of Court.
(4) Where a Court or tribunal is seised of an issue
whose resolution involves a question concerning the
interpretation or application of the Treaty, the court or tribunal
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.
(5) For the purpose of subsection (1), “national Courts”
means the Supreme Courts of the Member States of the
Caribbean Community and includes the Eastern Caribbean
Supreme Court.
Original
jurisdiction of
the Court.
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7. (1) A person who is a citizen or resident of Trinidad and
Tobago within the meaning of the Immigration Act may, with the
special leave of the Court, be allowed to appear as a party in
proceedings before the Court where—
(a) the Court has determined in any particular case
that the Treaty intended that a right conferred by
or under the Treaty on a Contracting Party shall
enure to the benefit of such a person directly;
(b) the person has established that he has been
prejudiced in respect of the enjoyment of the
benefit referred to in paragraph (a);
(c) the Contracting Party being 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 person may
espouse the claim instead of the
Contracting Party; and
(d) the Court has found that the interest of justice
requires that the person be allowed to espouse
the claim.
(2) Where a Contracting Party, the Caribbean
Community or a person considers that it or he has substantial
interest of a legal nature which may be affected by a decision of
the Court in exercise of its original jurisdiction, the Contracting
Party, the Caribbean Community or the person, as the case may
be, may apply to the Court to intervene and the Court shall
decide whether to allow the application.
(3) In this section, “person” includes a company
incorporated or registered under the Companies Act.
8. (1) An application under section 5(3) for the revision of
a judgment of the Court in the exercise of its original jurisdiction
may be made only where—
(a) there is the discovery of some fact of such
nature as to be a decisive factor;
Third party
rights.
Ch. 18:01.
Ch. 81:01.
Revisions of
judgments.
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(b) the fact was, when the judgment was given,
unknown to the Court and to the party applying
for the revision; and
(c) the ignorance regarding the fact was not due to
negligence on the part of the applicant.
(2) Proceedings for a revision shall be opened by a
judgment of the Court expressly recording the existence of the
new fact, recognising that it has such a character as to lay the
case open to revision, and declaring the application admissible
on this ground.
(3) The Court may require previous compliance with
the terms of the judgment before it admits proceedings
in revision.
(4) The application for revision shall be made within six
months of the discovery of the new fact.
(5) No application for revision may be made after the
lapse of five years from the date of the judgment.
(6) Nothing in this section shall affect the rights of third
parties that have accrued since the delivery of the judgment
referred to in subsection (1).
9. The judgments of the Court in its original jurisdiction
shall be final and constitute legally binding precedents for parties
in proceedings before the Court.
PART IV
ADMINISTRATIVE PROVISIONS
10. (1) The Registrar of the Supreme Court shall be a
Deputy Registrar of the Court.
(2) The Registry of the Supreme Court shall be
designated a sub-Registry of the Court pursuant to the Rules of
the Court.
11. Attorneys-at-law, duly admitted to practise law in
Trinidad and Tobago shall, subject to the powers of the Court,
Binding
precedent.
Appointment of
Registrar as
Deputy
Registrar.
Right of
audience.
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not be required to satisfy any other condition in order to practise
before the Court, wherever the Court is sitting in exercise of its
jurisdiction, and shall enjoy the privileges and immunities
necessary for the independent exercise of their duties.
12. (1) The Court and the Commission shall possess full
juridical personality including, in particular, full capacity—
(a) to contract;
(b) to acquire and dispose of real property; and
(c) to institute legal proceedings.
(2) In all legal proceedings, the Court and Commission
shall be represented by the Registrar of the Court.
13. The Commission shall consist of the persons who shall be
appointed in the manner and for periods set out in paragraphs (1) to
(7) of Article V and paragraph (2) of Article VI of the Agreement.
14. (1) The Commission shall have responsibility for—
(a) making appointments to the office of Judge of
the Court other than that of President;
(b) appointing those officials and employees
referred to in Article XXVII of the Agreement
and determining the salary and allowances to be
paid to such officials and employees;
(c) the determination of the terms and conditions of
service of officials and employees; and
(d) the termination of appointments in accordance
with the provisions of the Agreement.
(2) The Commission may by directions in writing and
subject to such conditions as it thinks fit, delegate any of its
powers under subsection (1)(b) and (c) to any one or more of its
members or to the Registrar of the Court.
(3) The Commission shall, in accordance with the
Regulations, exercise disciplinary control over Judges of the
Court, other than the President, and over officials and employees
of the Court.
Status of the
Court
and the
Regional
Judicial and
Legal
Services
Commission.
Composition of
Commission.
Responsibility
of
Commission.
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(4) The proceedings of the Commission shall not be
inquired into by any Court of law or tribunal.
15. Rules of Court made pursuant to Article XXI of the
Agreement shall have the force of law in Trinidad and Tobago
and shall be published in the Gazette.
PART V
PRIVILEGES AND IMMUNITIES
16. Subject to this Act, the Articles set out in Part B of the
First Schedule (being the Articles of the Privileges and Immunities
Protocol) shall have the force of law in Trinidad and Tobago.
17. If in any proceedings any question arises whether or not
any person is entitled to any privileges or immunity under this
Act, a certificate issued by or under the authority of the Minister
responsible for Foreign Affairs stating any fact relating to that
question shall be conclusive evidence of that fact.
PART VI
GENERAL
18. Any assessed contribution payable by Trinidad and
Tobago in respect of the Court and the Commission pursuant to
Article XXVIII of the Agreement shall be charged on and paid
from the Consolidated Fund.
19. (1) Where any amendment of the Agreement or the
Privileges and Immunities Protocol is accepted by the
Government, the Minister may by Order amend the relevant
Schedule to this Act for the purpose of including therein the
amendment so accepted.
(2) Any Order made under this section may contain
such consequential, supplemental or ancillary provisions as
appear to the Minister to be necessary or expedient for the
purpose of giving effect to the amendment and, without
prejudice to the generality of the foregoing, the Order may
Rules of Court.
Application of
the Privileges
and Immunities
Protocol.
Certificate of
Minister as
conclusive
evidence.
Payment from
Consolidated
Fund.
Amendment to
the Schedules.
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LaWs Of triNiDaD aND tOBaGO
first sCHEDULE
part a
aGrEEMENt EstaBLisHiNG tHE CariBBEaN COUrt
Of JUstiCE
tHE CONtraCtiNG partiEs,
COnvInCEd that the Caribbean Court of Justice, (hereinafter referred to as “the
Court”), will have a determinative role in the further development of
Caribbean jurisprudence through the judicial process;
Convinced also of the desirability of entrenching the Court in their
national Constitutions;
Aware that the establishment of the Court is a further step in the
deepening of the regional integration process;
contain provisions amending references in this Act to specific
provisions of the Agreement or the Privileges and Immunities
Protocol as the case may be.
(3) Every Order made under this section shall be subject
to negative resolution of Parliament.
(4) Where a Schedule to this Act is amended
pursuant to this section any reference in this Act or any other
law or instrument to the Agreement or the Privileges and
Immunities Protocol may be, unless the context otherwise
requires, be construed as a reference to the Agreement or the
Privileges and Immunities Protocol, as the case may be,
so amended.
(Section 2).
[204/2006].
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Recognising the sovereignty of Members of the Caribbean Community;
Hereby agree as follows:
artiCLE i
Use of Terms
In this Agreement, unless the context otherwise requires:
“Commission” means the Regional Judicial and Legal Services Commission
established by Article v;
“Conference” means the Conference of Heads of Government of Member
States of the Caribbean Community;
“Contracting Party” means an entity referred to in Article II which has
satisfied the requirements of membership and in relation to which this
Agreement is in force;
“Heads of Government” means the Heads of Government of the Contracting
Parties;
“President” means the President of the Court;
“Secretary-General” means the Secretary-General of the Caribbean
Community;
“Treaty” means the Treaty establishing the Caribbean Community signed at
Chaguaramas on 4th July 1973 and any amendments thereto which take
effect either provisionally or definitively.
part i
MEMBErsHip, EstaBLisHMENt Of tHE COUrt, tHE
COMMissiON aND rELatED MattErs
artiCLE ii
Membership
This Agreement shall be open to—
(a) Member States of the Caribbean Community;
(b) any other Caribbean country which is invited by the
Conference to become a Party to this Agreement.
artiCLE iii
Establishment and Seat of the Caribbean Court of Justice
1. The Court is hereby established with:
(a) original jurisdiction in accordance with the provisions
of Part II; and
(b) appellate jurisdiction in accordance with the
provisions of Part III.
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2. The decisions of the Court shall be final.
3. The Seat of the Court shall be in the territory of a Contracting Party
as determined by a qualified majority of the Contracting Parties but, as
circumstances warrant, the Court may sit in the territory of any other
Contracting Party.
4. The Government of the Contracting Party in whose territory the Seat
of the Court is situated shall provide suitable accommodation for the Seat of
the Court and the offices of the Commission and shall conclude with the Court
and the Commission an Agreement relating to the Seat of the Court and the
offices of the Commission.
5. The Court shall have and use, as occasion may require, a seal having
a device or impression with the inscription “The Caribbean Court of Justice”.
ARTICLE IV
Constitution of the Court
1. Subject to paragraph 2 of this Article, the Judges of the Court shall
be the President and not more than nine other Judges of whom at least three
shall possess expertise in international law including international trade law.
2. The number of Judges, excluding the President, may be increased by
the Heads of Government, upon the recommendation of the Commission.
3. The Court shall be duly constituted as set out in Parts II and III and
may sit in such number of divisions as may be directed by the President but
every Judge of the Court may sit in any division.
4. The determination of any question before the Court shall be
according to the opinion of the majority of the Judges of the Court hearing
the case.
5. Notwithstanding the provisions of this Article, the President may
appoint one or more judges to determine interlocutory matters.
6. The President shall be appointed or removed by the qualified
majority vote of three-quarters of the Contracting Parties on the
recommendation of the Commission.
7. The Judges of the Court, other than the President, shall be appointed
or removed by a majority vote of all of the members of the Commission.
8. The President shall take precedence over all other Judges of the
Court and the seniority of the other Judges of the Court shall be determined
in accordance with the dates of their appointment.
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9. The appointment of the President shall be signified by letter under
the hand of the Chairman for the time being of the Conference acting on the
advice of the Heads of Government and the appointment of any other Judge
of the Court shall be signified by letter under the hand of the Chairman of
the Commission.
10. A person shall not be qualified to be appointed to hold or to act in
the office of Judge of the Court, unless that person satisfies the criteria
mentioned in paragraph 11 and—
(a) is or has been for a period or periods amounting in the
aggregate to not less than five years, a Judge of a court of
unlimited jurisdiction in civil and criminal matters in the
territory of a Contracting Party or in some part of the
Commonwealth, or in a State exercising civil law
jurisprudence common to Contracting Parties, or a court
having jurisdiction in appeals from any such court and who,
in the opinion of the Commission, has distinguished himself
or herself in that office; or
(b) is or has been engaged in the practice or teaching of law for
a period or periods amounting in the aggregate to not less
than fifteen years in a Member State of the Caribbean
Community or in a Contracting Party or in some part of the
Commonwealth, or in a State exercising civil law
jurisprudence common to Contracting Parties, and has
distinguished himself or herself in the legal profession.
11. In making appointments to the office of Judge, regard shall be had to
the following criteria: high moral character, intellectual and analytical ability,
sound judgment, integrity, and understanding of people and society.
12. The Commission may, prior to appointing a Judge of the Court,
consult with associations representative of the legal profession and with other
bodies and individuals that it considers appropriate in selecting a Judge of
the Court.
ARTICLE V
Establishment of the Regional Judicial and Legal Services
Commission
1. There is hereby established a Regional Judicial and Legal Services
Commission which shall consist of the following persons:
(a) the President who shall be the Chairman of the Commission;
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(b) two persons nominated jointly by the Organisation of the
Commonwealth Caribbean Bar Association (OCCBA) and
the Organisation of Eastern Caribbean States (OECS)
Bar Association;
(c) one Chairman of the Judicial Services Commission of a
Contracting Party selected in rotation in the English
alphabetical order for a period of three years;
(d) the Chairman of a Public Service Commission of a
Contracting Party selected in rotation in the reverse English
alphabetical order for a period of three years;
(e) two persons from civil society nominated jointly by the
Secretary-General of the Community and the Director-
General of the OECS for a period of three years following
consultations with regional non-governmental
organisations;
(f) two distinguished jurists nominated jointly by the Dean of
the Faculty of Law of the University of the West Indies, the
Deans of the Faculties of Law of any of the Contracting
Parties and the Chairman of the Council of Legal
Education; and
(g) two persons nominated jointly by the Bar or Law
Associations of the Contracting Parties.
2. Where any person or body required to nominate a candidate for
appointment to the Regional Judicial and Legal Services Commission in
accordance with paragraph 1, fails to make such nomination within thirty (30)
days of a written request in that behalf, the nomination shall be made jointly
by the heads of the judiciaries of the Contracting Parties.
3. (1) The Commission shall have responsibility for—
(a) making appointments to the office of Judge of the Court,
other than that of President;
(b) making appointments of those officials and employees
referred to in Article XXVII and for determining the salaries
and allowances to be paid to such officials and employees;
(c) the determination of the terms and conditions of service of
officials and employees; and
(d) the termination of appointments in accordance with the
provisions of this Agreement.
(2) The Commission shall, in accordance with the Regulations,
exercise disciplinary control over Judges of the Court, other than the
President, and over officials and employees of the Court.
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4. The term of office of members of the Commission, other than the
Chairman shall be three years, but such members shall be eligible for
reappointment for another term of office.
5. The members of the Commission referred to in paragraph 1(b), (c),
(d), (f) and (g) shall be appointed by letter under the hand of the President.
6. If the office of a member of the Commission, other than the
Chairman is vacant or the holder thereof is unable to perform the functions of
his office, a person may be appointed to perform the functions of that office
for the unexpired term of the holder of the office or until the holder
resumes office.
7. Subject to paragraph 13 of this Article, the Commission shall
not be—
(a) disqualified from the transaction of business by reason of
any vacancy in its membership and its proceedings shall
not be invalidated by the presence or participation of any
person not entitled to be present or to participate in those
proceedings;
(b) disqualified from the transaction of business nor its
proceedings invalidated by reason of the non-receipt by a
member of the Commission, of a notice for a meeting of
the Commission.
8. The Commission may, by directions in writing and subject to such
conditions as it thinks fit, delegate any of its powers under paragraph
3(1)(b) and (c) of this Article to any one or more of its members or to
the Registrar.
9. A member of the Commission, other than the Chairman may, by
writing under the hand of that member, addressed to the Chairman of the
Commission, resign from the Commission.
10. The Commission shall, no later than 31st 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.
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13. A quorum for the transaction of business by the Commission shall
consist of not less than six members of the Commission including the
Chairman or, where the Deputy Chairman is presiding, the Deputy Chairman.
14. Subject to this Article, the Commission shall have power to regulate
its own procedure.
ARTICLE VI
The First Appointment of the President and Members
of the Commission
1. For the purposes of the first appointment of the President and
Commissioners and notwithstanding the provisions of paragraph 6 of Article
IV, the members of the Commission appointed pursuant to the Agreement
shall make a recommendation for the appointment of the President.
2. Notwithstanding the provisions of paragraphs 4 and 5 of Article V:
(a) the term of office of the members of the Commission
appointed in accordance with paragraph 1 of this Article
shall be one year; and
(b) the members of the Commission mentioned in sub-
paragraph (a) of this paragraph shall be appointed by letter
under the hand of the heads of the judiciary of the
Contracting Parties.
ARTICLE VII
Legal Status of the Commission
1. The Commission shall possess full juridical personality including, in
particular, full capacity to contract.
2. The privileges and immunities to be accorded the Commission and
its members in the territories of the Contracting Parties shall be laid down in
a Protocol to this Agreement.
3. The Contracting Parties undertake to make provision to ensure that
the proceedings of the Commission shall not be enquired into in any Court.
ARTICLE VIII
Acting Appointments
1. If the office of President is vacant, or if the President is for any
reason unable to perform the functions of that office, then, until some other
person has been appointed to and has assumed the functions of that office or,
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as the case may be, until the President has resumed those functions, they shall
be performed by the Judge of the Court who is most senior according to the
date of his appointment and he shall be appointed by letter under the hand of
the Chairman for the time being of the Conference.
2. When none of the other Judges is senior by appointment, the
functions of President shall be performed by such one of the other Judges of
the Court appointed by letter.
3. An appointment referred to in paragraph 2 shall be made in
accordance with the advice of the Heads of Government tendered after
consultations with the President and such other persons or bodies of persons
as the Heads of Government may think fit.
4. If one of the Judges of the Court is acting as the President of the
Court or if the office of a Judge of the Court, other than the President, is
vacant or if such a Judge is for any reason unable to perform the functions of
that office, then, until some other person has been appointed to act and has
assumed the functions of that office or, as the case may be, until the Judge has
resumed those functions, they shall be performed by a person qualified for
appointment as a Judge of the Court to be appointed by the Commission by
letter under the hand of the Chairman of the Commission.
5. The person appointed in accordance with paragraph 4 shall continue
to perform the functions of the office until a person is appointed to the office
and has assumed the functions thereof or, as the case may be, until the holder
resumes office.
ARTICLE IX
Tenure of Office of Judges
1. The office of a Judge of the Court shall not be abolished while there
is a substantive holder thereof.
2. Subject to the provisions of this Article, the President shall hold
office for a non-renewable term of seven years or until he attains the age of
seventy-two years, whichever is earlier, except that the President shall
continue in office, if necessary, for a further period not exceeding three
months to enable him to deliver judgment or to do any other thing in relation
to any proceedings part-heard by him.
3. Subject to the provisions of this Article, a Judge of the Court shall
hold office until he attains the age of seventy-two years, except that he shall
continue in office, if necessary, for a further period not exceeding three
months to enable him to deliver judgment or to do any other thing in relation
to any proceedings part-heard by him.
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4. A Judge may be removed from office only for inability to
perform the functions of his office, whether arising from illness or any other
cause or for misbehaviour, and shall not be so removed except in accordance
with the provisions of this Article.
5. (1) Subject to Article IV, paragraph 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.
6. If at least three Heads of Government in the case of the President
jointly represent to the other Heads of Government, or if the Commission
decides in the case of any other Judge, that the question of removing the
President or the Judge from office ought to be investigated, then—
(a) the Heads of Government or the Commission shall appoint a
tribunal which shall consist of a chairman and not less than
two other members, selected by the Heads of Government or
the Commission, as the case may be, after such consultations
as may be considered expedient, from among persons who
hold or have held office as a Judge of a court of unlimited
jurisdiction in civil and criminal matters in some part of the
Commonwealth, or in a State exercising civil law
jurisprudence common to Contracting Parties, or a court
having jurisdiction in appeals from any such court; and
(b) the tribunal shall enquire into the matter and advise the
Heads of Government or the Commission, as the case may
be, whether or not the President or the Judge ought to be
removed from office.
7. The provisions of any law relating to the holding of
commissions of inquiry in the Member State of the Caribbean Community
where the inquiry is held shall apply as nearly as may be in relation to
tribunals appointed under paragraph 6 of this Article or, as the context may
require, to the members hereof as they apply in relation to Commissions or
Commissioners appointed under that law.
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8. If the question of removing the President or any other Judge of the
Court from office has been referred to a tribunal under paragraph 6 of this
Article, the Heads of Government in the case of the President, or the
Commission, in the case of any other Judge of the Court, may suspend such
Judge from performing the functions of his office, and any such suspension
may at any time be revoked by the Heads of Government or the Commission,
as the case may be, and shall in any case cease to have effect if the tribunal
advises the Heads of Government or the Commission that the Judge ought not
to be removed from office.
9. (1) The President may at any time resign the office of President by
writing under the hand of the President addressed to the Chairman for the time
being of the Conference.
(2) Any other Judge of the Court may at any time resign the office
of Judge of the Court by writing under the hand of the Judge addressed to the
Chairman of the Commission.
ARTICLE X
Oath of Office
1. A Judge of the Court shall not enter upon the duties of that office
unless he has taken and subscribed the oath of office as set out in Appendix I
to this Agreement.
2. The oath of office shall be taken and subscribed before the Head of
State of any Contracting Party.
PART II
ORIGINAL JURISDICTION OF THE COURT
ARTICLE XI
Constitution of the Court
1. The Court, in the exercise of its original jurisdiction, shall be duly
constituted if it consists of not less than three judges being an uneven number
of judges.
2. The judges referred to in paragraph 1 shall possess the expertise
necessary for the Court to adjudicate the matter.
3. The deliberations of the Court shall be under the authority and
control of a Chairman, who shall be the most senior of the judges appointed
by the President.
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4. Notwithstanding paragraph 1, the original jurisdiction of the Court
may be exercised by a sole judge appointed by the Chairman.
5. The decision of a sole judge exercising jurisdiction under paragraph
4 may, on application of a Party aggrieved, be reviewed by a panel comprising
not more than five judges.
ARTICLE XII
Jurisdiction of the Court in Contentious Proceeding
1. Subject to the Treaty, the Court shall have exclusive jurisdiction to
hear and deliver judgment on:
(a) disputes between Contracting Parties to this Agreement;
(b) disputes between any Contracting Parties to this Agreement
and the Community;
(c) referrals from national courts or tribunals of Contracting
Parties to this Agreement;
(d) applications by nationals in accordance with Article XXIV,
concerning the interpretation and application of the Treaty.
2. For the purposes of this Part, “national Courts” includes the Eastern
Caribbean Supreme Court.
ARTICLE XIII
Advisory Opinions of the Court
1. The Court shall have exclusive jurisdiction to deliver advisory
opinions concerning the interpretation and application of the Treaty.
2. Advisory opinions shall be delivered only at the request of
Contracting Parties or the Community.
ARTICLE XIV
Referral to the Court
Where a national court or tribunal of a Contracting Party is seised of an
issue whose resolution involves a question concerning the interpretation or
application of the Treaty, the court or tribunal concerned shall, if it considers
that a decision on the question is necessary to enable it to deliver judgment,
refer the question to the Court for determination before delivering judgment.
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ARTICLE XV
Compliance with Judgments of the Court
Member States, Organs, Bodies of the Community or persons to whom a
judgment of the Court applies, shall comply with that judgment.
ARTICLE XVI
Compulsory Jurisdiction of the Court
1. Contracting Parties agree that they recognise as compulsory,
ipso facto and without special agreement, the original jurisdiction of the
Court provided for in Article XII.
2. In the event of a dispute as to whether the Court has jurisdiction, the
matter shall be determined by decision of the Court.
ARTICLE XVII
Law to be applied by the Court in the Exercise of its
Original Jurisdiction
1. The Court, in exercising its original jurisdiction under Article XII(b)
and (c), shall apply such rules of international law as may be applicable.
2. The Court may not bring in a finding of non liquet on the ground of
silence or obscurity of the law.
3. The provisions of paragraphs (1) and (2) shall not prejudice the
power of the Court to decide a dispute ex aequo et bono if the parties so agree.
ARTICLE XVIII
Intervention by Third Parties
1. Should a Member State, the Community or a person consider that it
has a substantial interest of a legal nature which may be affected by a decision
of the Court in the exercise of its original jurisdiction, it may apply to the
Court to intervene and it shall be for the Court to decide on the application.
2. Whenever the construction of a convention to which Member States
and persons other than those concerned in the case are parties, is in question,
the Registrar shall notify all such States and persons forthwith.
3. Every State or person so notified has the right to intervene in the
proceedings; but if the right is exercised, the construction given by the
judgment will be equally binding on all parties.
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ARTICLE XIX
Application for Interim Measures
The Court shall have the power to prescribe if it considers the
circumstances so require, any interim measures that ought to be taken to
preserve the rights of a Party.
ARTICLE XX
Revision of Judgments of the Court in the Exercise of its
Original Jurisdiction
1. An application for the revision of a judgment of the Court in the
exercise of its original jurisdiction may be made only when it is based upon
the discovery of some fact of such a nature as to be a decisive factor, which
fact was, when the judgment was given, unknown to the Court and to the party
claiming revision: provided always that such ignorance was not due to
negligence on the part of the applicant.
2. Proceedings for a revision shall be opened by a judgment of the
Court expressly recording the existence of the new fact, recognising that it
has such a character as to lay the case open to revision, and declaring the
application admissible on this ground.
3. The Court may require previous compliance with the terms of the
judgment before it admits proceedings in revision.
4. The application for revision shall be made within six months of the
discovery of the new fact.
5. No application for revision may be made after the lapse of five years
from the date of the judgment.
6. Nothing in this Article shall affect the rights of third parties accrued
since the delivery of the judgment mentioned in paragraph 1.
ARTICLE XXI
Rules of Court Governing Original Jurisdiction
1. The President shall, in consultation with 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.
2. Without prejudice to the generality of the preceding
subparagraph, 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
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vacation in the Court and the transaction of business
during any such vacation;
(b) regulating the pleading, practice, procedure, execution of the
process of the Court and the duties of the officers of
the Court;
(c) regulating matters relating to practice in the Court by
Attorneys-at-law, Legal Practitioners or advocates and the
representation of persons concerned in any proceedings in
the Court;
(d) providing for the summary determination of any matter
which appears to the Court to be frivolous or vexatious or to
be brought for the purpose of delay;
(e) regulating matters relating to the costs and the taxation
thereof, of proceedings in the Court;
(f) providing for the delivery of judgments in an expeditious
manner;
(g) prescribing forms and fees in respect of proceedings in the
Court;
(h) prescribing the time within which any requirement of the
Rules of Court is to be complied with;
(i) regulating or prescribing or doing any other thing which
may be regulated, prescribed or done by Rules of Court.
ARTICLE XXII
Judgment of the Court to Constitute Stare Decisis
Judgments of the Court shall be legally binding precedents for parties in
proceedings before the Court unless such judgments have been revised in
accordance with Article XX.
ARTICLE XXIII
Alternative Dispute Resolution
1. Each Contracting Party shall, to the maximum extent possible,
encourage and facilitate the use of arbitration and other means of alternative
dispute resolution for the settlement of international commercial disputes.
2. To this end, each Contracting Party shall provide appropriate
procedures to ensure observance of agreements to arbitrate and for the
recognition and enforcement of arbitral awards in such disputes.
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ARTICLE XXIV
Locus Standi of Private Entities
Nationals of a Contracting Party may, with the special leave of the Court,
be allowed to appear as parties in proceedings before the Court where—
(a) the Court has determined in any particular case that the
Treaty intended that a right conferred by or under the Treaty
on a Contracting Party shall enure to the benefit of such
persons directly;
(b) the persons concerned have established that such persons
have been prejudiced in respect of the enjoyment of the
benefit mentioned in subparagraph (a) of this Article; and
(c) the Contracting Party entitled to espouse the claim in
proceedings before the Court has—
(i) omitted or declined to espouse the claim, or
(ii) expressly agreed that the persons concerned may
espouse the claim instead of the Contracting Party so
entitled; and
(d) the Court has found that the interest of justice requires that
the persons be allowed to espouse the claim.
PART III
APPELLATE JuRISDICTION OF ThE COuRT
ARTICLE XXV
Appellate Jurisdiction of the Court
1. In the exercise of its appellate jurisdiction, the Court is a superior
Court of record with such jurisdiction and powers as are conferred on it by
this Agreement or by the Constitution or any other law of a Contracting Party.
2. Appeals shall lie to the Court from decisions of the Court of Appeal
of a Contracting Party as of right in the following cases:
(a) final decisions in civil proceedings where the matter in
dispute on appeal to the Court is of the value of not less than
twenty-five thousand dollars Eastern Caribbean currency
(EC$25,000) or where the appeal involves directly or
indirectly a claim or a question respecting property or a right
of the aforesaid value;
(b) final decisions in proceedings for dissolution or nullity of
marriage;
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(c) final decisions in any civil or other proceedings which
involve a question as to the interpretation of the Constitution
of the Contracting Party;
(d) final decisions given in the exercise of the jurisdiction
conferred upon a superior Court of a Contracting Party
relating to redress for contravention of the provisions of the
Constitution of a Contracting Party for the protection of
fundamental rights;
(e) final decisions given in the exercise of the jurisdiction
conferred on a superior Court of a Contracting Party relating
to the determination of any question for which a right of
access to the superior Court of a Contracting Party is
expressly provided by its Constitution;
(f) such other cases as may be prescribed by any law of the
Contracting Party.
3. An appeal shall lie to the Court with the leave of the Court of Appeal
of a Contracting Party from the decisions of the Court of Appeal in the
following cases:
(a) final decisions in any civil proceedings where, in the opinion
of the Court of Appeal, the question involved in the appeal
is one that by reason of its great general or public
importance or otherwise, ought to be submitted to the
Court; and
(b) such other cases as may be prescribed by any law of the
Contracting Party.
4. Subject to paragraph 2, an appeal shall lie to the Court with the
special leave of the Court from any decision of the Court of Appeal of a
Contracting Party in any civil or criminal matter.
5. Nothing in this Article shall apply to matters in relation to which the
decision of the Court of Appeal of a Contracting Party is, at the time of the
entry into force of the Agreement pursuant to the Constitution or any other
law of that Party, declared to be final.
6. The Court shall, in relation to any appeal to it in any case, have all
the jurisdiction and powers possessed in relation to that case by the Court of
Appeal of the Contracting Party from which the appeal was brought.
7. (1) The President shall, in consultation with 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.
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(2) Without prejudice to the generality of the preceding sub-
paragraph, Rules of Court may be made for all or any of the following
purposes:
(a) regulating the sittings of the Court, the selection of Judges
for any purpose, and the period to be observed as a vacation
in the Court and the transaction of business during any
such vacation;
(b) regulating the pleading, practice, procedure, execution of the
process of the Court and the duties of the officers of the
Court;
(c) regulating matters relating to practice in the Court by
Attorneys-at-law or Legal Practitioners and the
representation of persons concerned in any proceedings in
the Court;
(d) prescribing the cases in which, and the conditions upon
which an appellant in a criminal appeal to the Court shall be
entitled to be present at the hearing of the appeal;
(e) providing for the summary determination of any appeal
which appears to the Court to be frivolous or vexatious or to
be brought for the purpose of delay;
(f) regulating matters relating to the costs and the taxation
thereof, of proceedings in the Court;
(g) providing for the delivery of judgments in an expeditious
manner;
(h) prescribing forms and fees in respect of proceedings in the
Court;
(i) prescribing the time within which any requirement of the
Rules of Court is to be complied with;
(j) regulating or prescribing or doing any other thing which
may be regulated, prescribed or done by Rules of Court.
PART IV
ENFORCEMENT, FINANCIAL AND FINAL PROVISIONS
ARTICLE XXVI
Enforcement of Orders of the Court
The Contracting Parties agree to take all the necessary steps, including
the enactment of legislation to ensure that—
(a) all authorities of a Contracting Party act in aid of the Court
and that any judgment, decree, order or sentence of the
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Court given in exercise of its jurisdiction shall be enforced
by all Courts and authorities in any territory of the
Contracting Parties as if it were a judgment, decree, order or
sentence of a superior Court of that Contracting Party;
(b) the Court has power to make any order for the purpose of
securing the attendance of any person, the discovery or
production of any document, or the investigation or
punishment of any contempt of court that any superior Court
of a Contracting Party has power to make as respects the
area within its jurisdiction.
ARTICLE XXVII
Officials and Employees of the Court
1. There shall be a Registrar of the Court, Deputy Registrars and other
officials and employees of the Court as the Commission may consider
necessary. The holders of those offices shall be paid such salaries and
allowances and shall have such other terms and conditions of service as may,
from time to time, be determined by the Commission.
2. With the concurrence of the competent authority of a Contracting
Party, the Commission may appoint the Registrar of a superior Court in the
territory of that Contracting Party to be a Deputy Registrar of the Court.
3. The Commission may, by directions in writing and subject to such
condition as it thinks fit, delegate any of its powers under paragraph 1 to any
one or more of its members or to the Registrar of the Court.
4. For the purposes of paragraph 2 of this Article, “competent
authority” means the authority vested with power to make appointments to the
office of Registrar of a superior Court and to exercise disciplinary control
over persons holding or acting in that office.
ARTICLE XXVIII
Financial Provisions
1. The expenses of the Court and of the Commission, including the cost
of the maintenance of the Seat of the Court and the remuneration and
allowances and other payments referred to in Article XXVII and this Article,
shall be borne by the Contracting Parties in such proportions as may be agreed
by the Contracting Parties 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.
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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 XXIX
Right of Audience
Attorneys-at-law, legal practitioners or advocates duly admitted to
practise law in the Courts of a Contracting Party shall, subject to the powers
of the Court, not be required to satisfy any other condition in order to practise
before the Court wherever the Court is sitting in exercise of its jurisdiction
and they shall enjoy the privileges and immunities necessary for the
independent exercise of their duties.
ARTICLE XXX
Privileges and Immunities
The privileges and immunities to be recognised and granted by the
Contracting Parties to the Judges and officers of the Court necessary to protect
their independence and impartiality shall be laid down in a Protocol to
this Agreement.
ARTICLE XXXI
Regulations
The Commission may make Regulations—
(a) governing the appointment, discipline, termination of
employment and other terms and conditions of service and
employment for—
(i) Judges, other than the President; and
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(ii) officials and employees of the Court;
(b) prescribing the procedure governing the conduct of
disciplinary proceedings;
(c) generally giving effect to this Agreement.
ARTICLE XXXII
Amendment
1. This Agreement may be amended by the Contracting Parties.
2. Every amendment shall be subject to ratification by the Contracting
Parties in accordance with their respective constitutional procedures and shall
enter into force one month after the date on which the last Instrument of
ratification or accession is deposited with the Secretary-General (hereinafter
in this Agreement referred to as “the Depositary”).
ARTICLE XXXIII
Signature
This Agreement is open for signature by any of the States or countries
referred to in Article II.
ARTICLE XXXIV
Ratification
This Agreement shall be subject to ratification by the signatory countries
in accordance with their respective constitutional procedures. Instruments of
ratification shall be deposited with the Depositary who shall transmit certified
copies to the Government of each Contracting Party.
ARTICLE XXXV
Entry into Force
This Agreement shall enter into force upon the deposit of Instruments of
Ratification or Accession in accordance with Article XXXIV, by at least three
Member States of the Caribbean Community.
ARTICLE XXXVI
Accession
1. Any country to which paragraph (b) of Article II applies may accede
to this Agreement and become a Contracting Party on such terms and
conditions as the Conference may decide.
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2. Instruments of Accession shall be deposited with the Depositary.
ARTICLE XXXVII
Withdrawal
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 XXXVIII
Implementation
The Contracting Parties shall take all necessary action, whether of a
legislative, executive or administrative nature, for the purpose of giving effect
to this Agreement. Such action shall be taken as expeditiously as possible, and
the Secretary-General shall be informed accordingly.
ARTICLE XXXIX
Reservations
A reservation may be entered to Article XXV of this Agreement with the
consent of the Contracting Parties.
IN WITNESS WHEREOF the undersigned duly authorised in that behalf by their
respective Governments have executed this Agreement.
DONE at on the day
of , 2001.
Signed by
for the Government of Antigua and Barbuda on the day
of , 2001 at
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Signed by
for the Government of Barbados on the day of , 2001
at
Signed by
for the Government of Belize on the day of , 2001
at
Signed by
for the Government of the Commonwealth of Dominica on the day
of , 2001 at
Signed by
for the Government of Grenada on the day of , 2001
at
Signed by
for the Government of the Co-operative Republic of Guyana on the
day of , 2001 at
Signed by
for the Government of Haiti on the day of , 2001
at
Signed by
for the Government of Jamaica on the day of , 2001
at
Signed by
for the Government of Montserrat on the day of , 2001
at
Signed by
for the Government of St. Kitts and Nevis on the day of
, 2001 at
Signed by
for the Government of Saint Lucia on the day of , 2001
at
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Signed by
for the Government of St. Vincent and the Grenadines on the day of
, 2001 at
Signed by
for the Government of The Republic of Suriname on the day of
, 2001 at
Signed by
for the Government of The Republic of Trinidad and Tobago on the
day of , 2001 at
APPENDIX I
I, ............................................... do hereby swear (or solemnly affirm) that I
will faithfully exercise the office of President/Judge of the Caribbean Court of
Justice without fear or favour, affection or ill-will and in accordance with the
Code of Judicial Conduct.
[So help me God (to be omitted in affirmation)].
APPENDIX II— (Deleted by LN 204/2006)
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PART B
PROTOCOL TO THE AGREEMENT ESTABLISHING
THE CARIBBEAN COURT OF JUSTICE RELATING TO
THE JURIDICAL PERSONALITY AND LEGAL
CAPACITY OF THE COURT
THE CONTRACTING PARTIES:
NOTING that the Agreement Establishing the Caribbean Court of Justice
(hereinafter referred to as “the Agreement”) entered into force on 23rd July 2002;
Conscious that Article VI of the Agreement confers on the Regional
Judicial and Legal Services Commission (hereinafter referred to as “the
Commission”) full juridical personality, including, in 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 III(4) of the
Agreement, intends to conclude an Agreement relating to the Seat of the Court
and the Headquarters of the Commission;
Desirous of conferring on the Court full juridical personality and legal
capacity,
Have Agreed as follows:
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.
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4. Each Contracting Party to the Agreement shall take such action as is
necessary to make effective in its territory the provisions of this Article and
shall promptly inform the Secretary-General of the Caribbean Community of
such action.
ARTICLE II
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
Headquarters 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 III
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.
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.
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IN WITNESS WHEREOF the undersigned representatives, being duly authorised
by their respective Governments or Institutions, have signed this Protocol.
DONE at on the day of , 2003.
Signed by
for the Government of Antigua and Barbuda on the day
of , 2003 at
Signed by
for the Government of Barbados on the day of , 2003
at
Signed by
for the Government of Belize on the day of , 2003
at
Signed by
for the Government of the Commonwealth of Dominica on the day
of , 2003 at
Signed by
for the Government of Grenada on the day of , 2003
at
Signed by
for the Government of the Co-operative Republic of Guyana on the
day of , 2003 at
Signed by
for the Government of Jamaica on the day of , 2003
at
Signed by
for the Government of Montserrat on the day of , 2003
at
Signed by
for the Government of St. Kitts and Nevis on the day of
, 2003 at
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Signed by
for the Government of Saint Lucia on the day of , 2003
at
Signed by
for the Government of St. Vincent and the Grenadines on the day of
, 2003 at
Signed by
for the Government of The Republic of Suriname on the day of
, 2003 at
Signed by
for the Government of The Republic of Trinidad and Tobago on the
day of , 2003 at
SECOND 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 23rd 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 Legal Services Commission shall be laid down in a
Protocol to the Agreement;
(Sections 2 and
16).
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Conscious that Article XXX of the Agreement also provides that the
privileges and immunities 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
integrity of the Judges and officers of the Caribbean Court of Justice
(hereinafter referred to as “the Court”) and the Members of the Regional
Judicial and Legal Services Commission,
Have agreed as follows:
ARTICLE I
Use of Terms
In this Protocol, unless the context otherwise requires:
“archives of the Court or the Commission” includes the records,
correspondence, 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
established by Article V of the Agreement;
“competent Authorities” means national, regional or local authorities of the
Contracting Parties as may be appropriate in the context and in the laws
of the Contracting Parties;
“Conference” means the Conference of Heads of Government of the Member
States of 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 III of
the Agreement;
“the Government” means the Government of a Contracting Party to this
Protocol;
“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
accruing to the Court or the Commission;
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“Registrar” means the Registrar of the Court;
“Secretary-General” means the Secretary-General of the Caribbean
Community.
ARTICLE II
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 far 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, expropriation and any other form of interference whether by
executive, administrative or judicial action.
ARTICLE III
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 functions 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
Government 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 Government 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 wherever located.
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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:
(a) to purchase from authorised dealers, hold and make use of
negotiable 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 funds, securities and foreign currencies
to or from the territory of any Contracting Party and to convert
any currency held by them into any other currency.
2. The Court and the Commission, in exercising their rights under
paragraph 1 of this Article, shall pay due regard to any representations made
by the Government and shall give effect to such representations so far as this
is possible without detriment to the interests of the Court or the Commission.
ARTICLE VI
Exemption from Taxes, Customs Duties 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
Commission 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 respect of articles imported or exported by the Court or
the Commission for their official use, subject to the
condition that articles imported under such exemption shall
not be sold within the territory of the Contracting Party
except under conditions agreed to with the Government;
(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
departure 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.
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ARTICLE VII
Facilities in Respect of Communications
1. The Court and the Commission shall, in relation to their official
communications, enjoy in the territory of the Contracting Party, treatment no
less favourable than that accorded by the Government to any other
international organisation.
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 VIII
Judges and Officers of the Court and Members of the Commission
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 territory 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
performed 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
requirements and national service obligations;
(e) the same protection and repatriation facilities in times of
international crisis as are accorded representatives of foreign
governments on temporary official missions;
(f) the right, for the purpose of all communications with the
Court or the Commission, as the case may be, to use codes
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and to despatch or receive papers, correspondence or other
official material by courier 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;
(h) immunity from inspection and seizure of personal and
official baggage except in cases where the person is caught
in flagrante delicto. In such cases, the competent authorities
shall immediately inform the Registrar or other appropriate
official of the Court. Inspection of personal baggage shall be
conducted in the presence of the person concerned 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 customs duties on imports in respect
of articles imported for personal use, subject to the condition
that articles imported under such exemption shall not be sold
within the territory 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 functions
connected 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 relation to words spoken or written or acts performed by
them in relation to proceedings before the Court;
(c) exemption from immigration restrictions, alien registration
requirements 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 missions.
2. The immunity mentioned in paragraph 1(a) and (b) shall continue
although the person entitled is no longer conducting proceedings before
the Court.
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3. The privileges, immunities and facilities mentioned in this Article
are only intended to assist Counsel in the efficient representation of clients in
proceedings before the Court and shall not be employed to circumvent
applicable laws and regulations of the Government.
ARTICLE X
Co-operation 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 benefit 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 immunities would impede the
course of justice and could be waived without prejudice to the interests of the
Court or the Commission.
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 justice, secure the observance of the laws and regulations of
the Government and to avoid the occurrence of any abuse in connection with
the privileges, immunities and facilities mentioned in this Protocol.
3. Without prejudice to the privileges and immunities accorded by this
Protocol, it is the duty of all persons enjoying such privileges and immunities
to respect 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 determine 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
reasons 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;
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(b) officers of the Court and members of their families forming
part of their households;
(c) members of the Commission;
(d) counsel and their clients appearing in proceedings before the
Court;
(e) persons appearing in proceedings before the Court;
(f) persons other than officers of the Court performing missions
for the Court and members of their families forming part of
their households; 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 persons 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 regulations.
4. Visas required by persons referred to in paragraph 1 of this Article
shall be granted by the Government expeditiously and free of charge.
ARTICLE XII
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 conducting 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 Contracting 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 Tribunal, to be chosen by the first two arbitrators.
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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.
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 XIII
Signature
This Protocol shall be open for signature by the Contracting Parties to the
Agreement.
ARTICLE XIV
Entry into Force
This Protocol shall enter into force immediately upon signature by at
least three Contracting Parties to the Agreement.
ARTICLE XV
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 XVI
Amendments
1. Consultations in respect of any amendment to this Protocol may be
initiated either by the Government or the Registrar.
2. Amendments shall enter into force upon their acceptance by all of
the Contracting Parties.
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ARTICLE XVII
Depositary
This Protocol and any amendment thereto shall be deposited with the
Secretary-General who shall transmit certified copies thereof to the
Contracting Parties.
ARTICLE XVIII
Implementation
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 territory.
ARTICLE XIX
Withdrawal
1. A Contracting Party which withdraws from the Agreement, may also
withdraw from this Protocol by giving notice in writing to the Depositary who
shall promptly notify the other Contracting Parties accordingly.
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
withdrawal becomes effective notifies the Depositary in writing of the
cancellation of its notice of withdrawal.
3. A Contracting Party withdrawing from this Protocol shall honour all
obligations assumed by it before the effective date of its withdrawal.
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 , 2003.
Signed by
for the Government of Antigua and Barbuda on the day
of , 2003 at
Signed by
for the Government of Barbados on the day of , 2003
at
Signed by
for the Government of Belize on the day of , 2003
at
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Signed by
for the Government of the Commonwealth of Dominica on the day
of , 2003 at
Signed by
for the Government of Grenada on the day of , 2003
at
Signed by
for the Government of the Co-operative Republic of Guyana on the
day of , 2003 at
Signed by
for the Government of Jamaica on the day of , 2003
at
Signed by
for the Government of Montserrat on the day of , 2003
at
Signed by
for the Government of St. Kitts and Nevis on the day of
, 2003 at
Signed by
for the Government of Saint Lucia on the day of , 2003
at
Signed by
for the Government of St. Vincent and the Grenadines on the day of
, 2003 at
Signed by
for the Government of The Republic of Suriname on the day
of , 2003 at
Signed by
for the Government of The Republic of Trinidad and Tobago on the
day of , 2003 at
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