The Effect of the Original Jurisdiction of the Caribbean Court of Justice on Regional Integration and National Law

Abstract

Abstract The Caribbean Court of Justice (CCJ) serves as both a final appellate court and, under its original jurisdiction, as a treaty-interpreting court. Under this latter jurisdiction the CCJ has developed and enhanced the effectiveness of Caribbean Community law. It has introduced a number of legal doctrines, several of which parallel doctrines of European Union law. In doing so the Court has challenged fundamental national legal norms and traditions, including the dualist view of the relationship between international law and municipal law, the principles of constitutional supremacy and separation of powers, the role of legitimate expectations, and potential for indirect effect. This chapter introduces the CCJ’s original jurisdiction jurisprudence and places it in its legal and historical context. It identifies the different bases under which the CCJ can take jurisdiction, and critically discusses some of its foundational decisions in two areas, namely, free movement of persons and the rules related to the Common External Tariff. The chapter compares the jurisprudence of the CCJ to that of the European Court of Justice in order to assess the former’s potential effect upon Caribbean constitutional norms. The chapter concludes by suggesting that the CCJ has laid the foundations for significant legal developments which may reshape our understandings of the relationship between the regional and national spheres and the scope of authority within each sphere.