SINCE the September 11 terrorist attacks on the USA, the Caribbean region's priorities have been so significantly changed that, not surprisingly, there have been very minimal references to efforts to transform the Caribbean Community and Common Market (CARICOM) into a Single Market and Economy (CSME) and create a related institution - the Caribbean Court of Justice (CCJ)

But the two are so integrally linked, that there is an emerging consensus among those anxious for the inauguration of the long-canvassed CSME, that if the CCJ is not established then the CSME itself will be a non-starter since only this regional court will be invested with original jurisdiction on disputes settlement within the Community.

The CCJ is, in effect, two courts in one, having an appellate function for the initial limited members as their final appellate court, instead of the Privy Council in London, as well as an original jurisdiction on the CARICOM Treaty that will be applicable to ALL member states of the CSME.

In a sentence, no CCJ, no CSME. And we have come too far in CARICOM to turn back the clock on the creation of the CCJ, although not every government and political party seems excited about its coming on stream.

Indeed the anti-CCJ lobbies are quite significant and influential in countries like Jamaica and Trinidad and Tobago - two of the four originally identified initial members for launching of the institution. The climate is more favourable in Barbados and Guyana where there are also influential dissenting voices among members of local bar associations.

Revisiting of the issue of the CCJ at this time was inspired by the recent comments of Senior Counsel and former parliamentarian of Trinidad and Tobago, Desmond Allum, when he addressed an audience at the recent launching of Professor Selwyn Ryan's book titled, 'Judiciary and Governance in the Caribbean'.

ALLUM's FEARS
Speaking with the experience of some 35 years legal practice, Allum left no doubt that although "supportive in principle" of the region having its own final appellate court, he feels that priorities must first be given to upgrading the facilities and services of the local courts, including the introduction of personnel and technologies that could help in expediting the delivery of justice.

Allum's argument has been advanced with variations by other senior counsel, bar associations and, even a few CARICOM political leaders, in and out of government. But the question that keeps recurring from those who remain consistent in their advocacy of the CCJ is:

When will be the right or appropriate time for a regional appellate court to replace the Privy Council. This, after all, is an idea that has been around for almost three decades and formally introduced on CARICOM's agenda approximately 14 years ago. Echoing expressed fears in some quarters - and not just by the pro-Privy Council or anti-death penalty lobby - Allum returned to old issues of likely interference by the political directorates through funding and judicial appointments.

In fairness to the CARICOM political directorates, these are matters to which they have been paying much attention in consultations with national bar associations and others as they move to establish the mechanisms for securing and disbursing funds for the CCJ.

In commending Ryan's book as a relevant read on post-independence governance and the judiciary in CARICOM, Allum took issue with the official suggestion that creation of the CCJ would be "to complete our independence", and cynically remarked: "I believe a call for us to begin our journey to independence would be more appropriate."

Interestingly, in contrast to the reservations raised by Allum about politics and the judiciary in the establishment of the CCJ, when Ryan's book had its launching in Barbados, the guest speaker was the well known West Indian jurist, Telford Georges, who, like the Chief Justice of Trinidad and Tobago, Michael de la Bastide, is an eloquent supporter of the regional appellate court.

Long before the launching of Ryan's book, Georges was on record as declaring his satisfaction over a pool of jurists from the Commonwealth Caribbean from which could be drawn persons "well suited to serve on the CCJ".

He sees the creation of such a regional institution "as the completion of the process of producing a West Indian jurisprudence".

For his part, Duke Pollard of the CARICOM Secretariat's Legal Division, a specialist in international law and deeply involved in arrangements for the creation of the CCJ, had a clear position when I spoke with him on some of the reservations that keep surfacing about the proposed regional institution.

He was in agreement with suggestions such as the need to upgrade local court facilities and systems; but stressed that this should not be confused with plans for the CCJ.

TWO DIMENSIONS
Particularly, as he argued, in relation to the CCJ's original jurisdiction to hear and determine disputes concerning the interpretation and application of the CARICOM Treaty in the functioning of the Caribbean Single Market and Economy (CSME).

Pollard stressed the two dimensions to the CCJ: Its appellate function, with the severance by participating states of access to the Judicial Committee of the Privy Council, and its original jurisdiction on the disputes arising from application of the CARICOM Treaty.

While a minimum of three countries must be involved for the inauguration of the CCJ in relation to its appellate role, all CARICOM states that will be involved in the CSME will have to be participants in the CCJ. If not, as Pollard sees it in plain truth, "the CSME is dead".

Local, regional and foreign investors will not wish to have a multiplicity of courts delivering judgements on the CARICOM Treaty. There must be confidence in the competence and integrity of a single court.

And, for Pollard and all advocates of a regional court, that court will have to be the CCJ - as the European Court of Justice functions for the European Union, with original jurisdiction - when it comes to interpretation and application of the Community Treaty.

Therefore, whatever the existing reservations in some quarters, the CCJ is expected to come on stream as a functioning institution early in 2003. Providing, of course, the required start-up funds of at least US$20 million for the first five years of operations, are secured and the process towards the CSME is expedited sufficiently for inauguration by January 2003.

At present, the three CARICOM governments that remain firmly committed to the CCJ in both its appellate and original jurisdiction functions are Barbados, Guyana and Jamaica.

In the case of Jamaica, where it faces strong opposition in its appellate function from Edward Seaga's Labour Party, it is likely to feature as a divisive issue during next year's general election campaign.

But by the 22nd CARICOM Summit in Guyana in July 2002, all member states of the Community would be expected to at least sign on to the CCJ's original jurisdiction. We shall know for certain by then the fate of the CCJ, and also, the destiny of the CSME.