Accessing the Original Jurisdiction of the Caribbean Court of Justice

Abstract

CARICOM, which is one of the oldest regional integration organizations in the developing world, has recently been transformed by the decision of its Member States to move to the next level of integration by establishing a CARICOM Single Market and Economy (CSME) under the Revised Treaty of Chaguaramas (RTC) and by investing the Caribbean Court of Justice (CCJ) with a compulsory and exclusive jurisdiction to interpret the RTC. The Preamble of the RTC affirms that the CCJ is essential for the successful operation of the CSME, but much will depend on how the CCJ approaches the exercise of its original jurisdiction. With the delivery of the CCJ’s first two judgements in the exercise of its original jurisdiction, it has been possible to gain a valuable insight into the judges’ approach towards the interpretation of the RTC and to the right of individuals and businesses to hold Member States accountable for their failure to comply with the requirements of the RTC by bringing proceedings directly before the CCJ.