The Caribbean Court of Justice and Legal Integration within CARICOM: Some Lessons from the European Community

(Journal article)

O'Brien, D. and Morano-Foadi, S. (2009) 'The Caribbean Court of Justice and Legal Integration within CARICOM: Some Lessons from the European Community', Law and Practice of International Courts and Tribunals, 8 (3) pp. 399-429.


An Open Access version of this publication is not currently available from RADAR.
The publisher's version of this publication and details of the copyright holder are available from the link on the left

Abstract
CARICOM, established under the Treaty of Chaguaramas, in 1973, has since its inception suffered from the repeated failure of member states to implement at the national level decisions taken by the Heads of Government at the regional level. The Caribbean Court of Justice (CCJ,) which has been vested with a compulsory and exclusive jurisdiction to interpret and apply the Revised Treaty of Chaguaramas, is intended to bridge this implementation gap. This has aroused expectations that the CCJ will play a role similar to that played by the ECJ in promoting legal integration. However, it is important to recognise that the ECJ has functioned within a particular jurisdictional framework and has benefited from the contribution of a diverse range of actors within the wider European legal community. It cannot, therefore, be assumed that the CCJ will be able to replicate the role played by the ECJ. The aim of this article is, accordingly, to review the jurisdictional framework within which the CCJ will function; to explore how this is likely to affect its relationship with the wider legal community within CARICOM; and, finally, to consider how this will impact upon legal integration within the region generally.

AuthorsO'Brien, D
Morano-Foadi, S
DepartmentsFaculty of Humanities and Social Sciences
Faculty of Humanities and Social Sciences\School of Law
Uncontrolled KeywordsCaribbean Court of Justice, CARICOM, European Community, legal integration; role of Commission; Direct effect; CARICOM Legal Community
DOI10.1163/156918509X12537882648462
Identifiers10.1163/156918509X12537882648462
Oxford Brookes logo for Facebook sharing

Details

  • Collaborators: Derek O'Brien
  • Collection: Research
  • Version: 1 (show all)
  • Status: Live