CCJ judges can be non-Caribbean
Stabroek News
January 25, 2004
The judges who will preside in the Caribbean Court of Justice (CCJ), which is set for inauguration later this year, can and may be selected from outside the Caribbean jurisdiction.
"It is legally conceivable and entirely possible that the composition of the CCJ will include judges other than those from the Caribbean." Head of the CCJ's Implementation Unit, Sheldon McDonald, made this statement after his address at a joint meeting of the Rotary Clubs of Georgetown, Georgetown Central and Demerara, at Le Meridien Pegasus recently.
The judges, McDonald said, could come from any member state of the Commonwealth and their selection will be conducted by the Regional Judicial Service Commission.
It is the first international court where judges will not be selected by their respective governments.
The CCJ will serve as the final Court of Appeal for the 15-member states of Caricom and as an International Tribunal to settle disputes under the revised Treaty of Chaguaramas. "The CCJ will sit in substitution for appeals which would go to her Majesty and Council by way of special leave, leave by the CCJ itself or automatically," McDonald related.
However, he noted that countries such as Grenada and the twin-island state of Antigua and Barbuda require referendum to abolish appeals to the Privy Council.
According to McDonald, the appellate jurisdiction will not apply to Suriname and Haiti because they have distinct judicial practices.
Asked whether the CCJ will be an itinerant court, McDonald responded affirmatively, saying, "...registrars of each of the Caribbean states will serve as deputy registrars of the CCJ."
To ensure the financial independence and sustainability of the CCJ, a trust fund for which the Caribbean Development Bank (CDB) will raise US$100 million will be set up and governed by a Board of Trustees from various entities in the Caribbean.
"The induction of the CCJ will cap the independence achieved by [the CARICOM countries] so many years ago.... [and] ensure that the benefits of the Single Market Economy are not abstract but are transferred to the ordinary people," McDonald asserted.
Additionally, the CCJ yields a range of rights inclusive of privilege in the area of trade and the setting up of businesses, he added. McDonald also presented a plaque to the organisation.