Lecture 2 - CSME and The Caribbean Court of Justice

UNIVERSITY OF THE WEST INDIES
CAVE HILL CAMPUS

DEPARTMENT OF MANAGEMENT STUDIES
FACULTY OF SOCIAL SCIENCES
MGMT 2021 – BUSINESS LAW I
Lectures 2: The Caribbean Court of Justice
The Caribbean Court of Justice (CCJ) & the CARICOM Single Market & Economy (CSME)
The CSME is a single enlarged economic space created through the removal of restrictions
and resulting in the free movement of: Goods; Services; Persons; Capital; Technology
It confers the right on CARICOM nationals to establish business in any CARICOM Member
State and to be treated in the same manner as a national of that State
Pillars of the CSME
The five (5) main pillars of CSME are:
• Provision for the free movement of Capital
• Provision for the free movement of Goods, Services and People within the CSME
• The establishment of common trade and economic policy
• Harmonization of economic, fiscal and monetary policies
• A common currency
Rights of CARICOM Nationals under the CSME
1. Free Movement of Persons;

2. Free Movement of Capital;
3. Freedom to Provide Services: Free trade in services requires administrative
arrangements which allow CARICOM nationals to provide services within any
Member State without restrictions. Article 37 of the Revised Treaty requires
Member States to abolish discriminatory restrictions on the provision of services
within the Community in respect of Community nationals
4. Right to Establish a Commercial Presence
 Ease of entry to establish a commercial presence and indefinite stay to do so
 Ease of administration for the registering and/or incorporation of

companies.
 Access to capital in the receiving member state.
 Access to land, building and other property for the purpose of establishing a
business.
 Freedom of entry for managerial, supervisory and technical staff, spouse and
immediate dependent family members
Role of the CCJ: Agreement establishing the Caribbean Court of Justice signed on 14 th
February 20012 as inter alia
“determinative…in the further development of Caribbean jurisprudence through the judicial

process” and “that the establishment of the Court is a further step in the deepening of the
regional integration process”
14th February 2001: Antigua and Barbuda, Barbados, Belize, Grenada, Guyana, Jamaica,
St. Kitts and Nevis, Saint Lucia, Suriname and Trinidad and Tobago,
15th February 2003: Dominica and St. Vincent and the Grenadines.
Montserrat awaiting UK entrustment before it can sign (initially rejected)
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Jurisdiction – Appellate
The Court is a superior court of record
• Replacing the Privy Council for Barbados, Belize, Dominica (and the others who will join)
• Re-creation of the third layer for Guyana
– General Jurisdiction: Criminal, Civil (including Family), Constitutional matters
Jurisdiction – Original
The CCJ has exclusive jurisdiction in:
– Disputes between contracting parties to the Agreement
– Disputes between contracting parties to the Agreement and CARICOM
– Referrals from national courts or tribunals of contracting parties to the

agreement
– Advisory opinions (on request of Member states or the Community)
– Competition Commission issues.
Exclusive Arbiter: The Revised Treaty of Chaguaramas provides for the establishment of the
Caribbean Court of Justice to have exclusive and compulsory jurisdiction in interpreting and
applying the provisions of the Treaty.
• Why is the CCJ essential? The original jurisdiction of the Caribbean Court of Justice is
essential for the successful operation of the CSME.
The CCJ will provide legal certainty and member states will be compelled to adhere to
the principles and obligations enshrined in the revised treaty
• Both the investor and consumer will have greater confidence in the predictability and
fairness in the application of measures relating to the CCJ. There will be disputes and
disputes must be settled with certainty.
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Accessing the Original Jurisdiction
There are four (4) ways to access the original jurisdiction of the Court:
1. by way of originating application: The originating application used to commence

proceedings arising out of disputes between Contracting Parties to the
Agreement and disputes between Contracting Parties and the Community. If the
applicant is a person, they may be granted leave then may make originating
application
2. by way of referral: Article 214 of the Treaty deals with referrals as does Article
XIV of the Agreement Establishing the Caribbean Court of Justice and Part
11.2(1) of the Original Jurisdiction Rules 2006.
“Where a national court or tribunal of a Member State is seised of an issue whose

resolution involves a question concerning the interpretation or application of this 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.”
 Referrals from other Courts: Article 14 – Agreement Establishing the Court: National
courts or tribunals e.g. - High Courts and Magistrates Courts also includes Tax Appeal
Board, Industrial Court and the Environmental Commission could refer issues dealing
with the interpretation or application of the Treaty of Chaguaramas to the CCJ. It must
be before judgment is delivered. The interpretation of the Treaty or judgment of the CCJ
is final.
• Must be a question concerning interpretation or application of the Treaty by a national

Court or tribunal - High Courts and Magistrates Courts also includes Tax Appeal Board,
Industrial Court, Environmental Commission, other tribunals.
• Matters could also be referred for clarification by the Competition Commission
4
3. By way of advisory opinion: This is a route which can be used for Member States
to ascertain the situation where there is doubt. The Member States parties to a
dispute must make a joint request in writing for an advisory opinion. Article 212
of the Treaty:
“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 the Member States parties
to a dispute or the Community.”
• This request must be sent to the Registrar of the CCJ and must be accompanied by all
documents relevant to the issue.
• Courts or tribunals by referral
• Member states
• The Community
• Private Entities i.e. natural persons of a contracting party
a) Who can bring matters to the CCJ- original jurisdiction CCJ says that Treaty
intended that a right or benefit should extend to benefit of persons directly;
b) The person show they have been prejudiced in respect of such a right or benefit;
c) The court finds interest of justice requires it.
4. applications made with respect to the Competition Commission: The Competition

Commission was inaugurated in Paramaribo, Suriname on 18 th January 2008 as it is
expected that the Single Market and Economy will open business to greater
competition. It is necessary to establish ground rules for the conduct of business
as some of these enterprises may engage in price fixing or dumping which may be
harmful to competition and the needs of consumers.
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• The Competition Commission is established by Article 171 of the Treaty and its functions
set out in Article 173 (1). Articles 175 (11) 5, (12)6 and 180 (3)7 provide that the
Commission may approach the CCJ for certain Orders or for review of its
determinations.
5. The CCJ’s jurisdiction is final, there is no appeal from the Court’s decision. Again,
this ensures legal certainty and uniformity.

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UNIVERSITY OF THE WEST INDIES

CAVE HILL CAMPUS

MGMT 2021 – BUSINESS LAW I

Lectures 2: The Caribbean Court of Justice

Pillars of the CSME

The five (5) main pillars of CSME are:

• Provision for the free movement of Capital

• The establishment of common trade and economic policy

• Harmonization of economic, fiscal and monetary policies

1. Free Movement of Persons;

 Ease of entry to establish a commercial presence and indefinite stay to do so

 Ease of administration for the registering and/or incorporation of

 Access to capital in the receiving member state.

“determinative…in the further development of Caribbean jurisprudence through the judicial

Montserrat awaiting UK entrustment before it can sign (initially rejected)

The Court is a superior court of record

• Re-creation of the third layer for Guyana

– General Jurisdiction: Criminal, Civil (including Family), Constitutional matters

The CCJ has exclusive jurisdiction in:

– Disputes between contracting parties to the Agreement

– Disputes between contracting parties to the Agreement and CARICOM

– Referrals from national courts or tribunals of contracting parties to the

– Advisory opinions (on request of Member states or the Community)

– Competition Commission issues.

1. by way of originating application: The originating application used to commence

“Where a national court or tribunal of a Member State is seised of an issue whose

• Must be a question concerning interpretation or application of the Treaty by a national

• Matters could also be referred for clarification by the Competition Commission

• Courts or tribunals by referral

• Private Entities i.e. natural persons of a contracting party

c) The court finds interest of justice requires it.

4. applications made with respect to the Competition Commission: The Competition

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