FAQs

The Agreement was first signed by ten states in 2001, and by an additional two states in 2003, making a total of 12 states.

The signatories to the Agreement Establishing the Caribbean Court of Justice are: Antigua & Barbuda; Barbados; Belize; Dominica; Grenada; Guyana; Jamaica; St. Kitts & Nevis; St. Lucia; St. Vincent & The Grenadines; Suriname; and Trinidad & Tobago.

The Caribbean Court of Justice was inaugurated on Saturday 16 April 2005.

Trinidad & Tobago is the Seat of the Caribbean Court of Justice.

The CCJ has two jurisdictions: an Original Jurisdiction and an Appellate Jurisdiction.

The Caribbean Community (CARICOM) was established by the Revised Treaty of Chaguaramas. In its Original Jurisdiction, the CCJ is an international court and it is the ONLY court that has the authority to interpret the Treaty when there are disagreements regarding the freedom of movement of people, goods, services, capital, labour/skills and the right of establishment among CARICOM states.

In its Appellate Jurisdiction, the Caribbean Court of Justice hears appeals from lower courts in both civil and criminal matters from states which have replaced the Privy Council with the CCJ. In its Appellate Jurisdiction, the CCJ is the highest municipal court in the region.

So far, Barbados, Belize, Dominica and Guyana have acceded to the Appellate Jurisdiction.

In its Appellate Jurisdiction, the Caribbean Court of Justice hears appeals from lower courts in both civil and criminal matters from states which have replaced the Privy Council with the CCJ. In its Appellate Jurisdiction, the CCJ is the highest municipal court in the region.  

In its Original Jurisdiction, the CCJ functions as an international tribunal, applying rules of international law in respect of the interpretation and application of the Revised Treaty of Chaguaramas (RTC). In this regard, the CCJ functions like the European Court of Justice, the European Court of First Instance, the Andean Court of Justice of COMESA and the International Court of Justice. In short, the CCJ is a hybrid institution – a municipal court of last resort and an international court with compulsory and exclusive jurisdiction in respect of the interpretation and application of the RTC. 

The CCJ decides in a crucial way how the CSME functions. Only the CCJ has the compulsory and exclusive right to interpret of the Revised Treaty of Chaguaramas, which set up the CSME.

There are currently seven CCJ judges, including the President. The Agreement Establishing the Caribbean Court of Justice allows for a total of nine Judges excluding the President.

The Caribbean Court of Justice is a final court. There are no appeals of the decisions of the CCJ to any other court in the world.

 Providing accessible, fair and efficient justice for the people and states of the Caribbean Community

To be a model of judicial excellence

Each judge is appointed to the Bench of the Court after an interview by the Regional Judicial and Legal Services Commission. After interviewing several applicants, the most successful individual is appointed. The selection of judges is not restricted to the Caribbean region. Candidates may come from any territory of the Commonwealth.

The RJLSC is a body of eleven persons, none of whom is politically appointed. These persons are:

• The Court President, who is the Chairman of the Commission;
• Two persons appointed jointly by the Organisation of the Commonwealth Bar Association and the Organisation of Eastern Caribbean States Bar Association;
• One chairman of the Judicial & Legal Service Commission of a Contracting Party;
• One chairman of the Public Service Commission of a Contracting Party;
• Two persons from civil society nominated jointly by the Secretary General of the Community and the Director-General of the OECS;
• Two distinguished jurists nominated jointly by the Dean of the Faculty of Law of the University of the West Indies, the Deans of the Faculty of Law of any of the Contracting Parties and the Chairman of the Council of Legal Education; and
• Two persons nominated jointly by the Bar or Law Associations of the Contracting Parties.

The RJLSC appoints the judges and staff of the Court and determines their terms and conditions of employment.

The President of the Caribbean Court of Justice is appointed by the Heads of Government whose countries have signed the Agreement Establishing the CCJ. This appointment is made on the recommendation of the RJLSC.

The Heads of Government must request another nominee from the RJLSC for another nominee. They cannot propose a nominee of their own.

In order to fund the Court for a very long time, a trust fund of USD100 million was established. It is administered by a Board of Trustees appointed from regional bodies.

The Board of Trustees of the Fund is made up of the following persons or their nominees:

(a) The Secretary-General of CARICOM;

(b) The Vice-Chancellor of the University of the West Indies;

(c) The President of the Insurance Association of the Caribbean;

(d) The Chairman of the Association of Indigenous Banks of the Caribbean;

(e) The President of the Caribbean Institute of Chartered Accountants;

(f) The President of the Organisation of Commonwealth Caribbean Bar Associations;

(g) The Chairman of the Conference of Heads of the Judiciary of Member States of the Caribbean Community;

(h) The President of the Caribbean Association of Industry and Commerce; and

 (i) The President of the Caribbean Congress of Labour.