Appendix I

• Author: Duke Pollard
• Profession: Director of the CARICOM Legislative Drafting Facility and one of the principal consultants on all development aspects of the Caribbean Court of Justice on which he now sits as a Judge
• Pages: 258-285

The Caribbean Court of Justice

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appendix I

AGREEMENT ESTABLISHING THE CARIBBEAN

COURT OF JUSTICE

The Contracting Parties,

Convinced that the Caribbean Court of Justice, (hereinafter

referred to as “the Court”), will have a determinative role in the

further development of Caribbean jurisprudence through the

judicial process;

Convinced also of the desirability of entrenching the Court

in their national Constitutions;

Aware that the establishment of the Court is a further step in

the deepening of the regional integration process;

Recognising the sovereignty of Members of the Caribbean

Community;

Hereby Agree as follows:

Article 1

Use of Terms

In this Agreement, unless the context otherwise requires:

‘Commission’ means the Regional Judicial and Legal Services

Commission established by Article V;

‘Conference’ means the Conference of Heads of Government

of Member States of the Caribbean Community;

Appendix I

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‘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;

‘SecretaryGeneral’ means the SecretaryGeneral of the

Caribbean Community;

‘Treaty’ means the Treaty establishing the Caribbean

Community signed at Chaguaramas on 4 July 1973 and any

amendments thereto which take effect either provisionally

or definitively.

PART I

MEMBERSHIP, ESTABLISHMENT OF THE COURT, THE

COMMISSION AND RELATED MATTERS

Article II

Membership

This Agreement shall be open to –

(a) Member States of the Caribbean Community;

(b) Any other Caribbean country, which is invited by the

Conference to become a Party to this Agreement.

Article III

Establishment and Seat of the Caribbean Court of

Justice

1. The Court is hereby established with:

(a) Original jurisdiction in accordance with the provisions of

Part II, and

(b) Appellate jurisdiction in accordance with the provisions of

Part III.