THE CARIBBEAN COURT OF JUSTICE AND REGIONAL ECONOMIC INTEGRATION

In late 2008 the People’s United Party government of that day sought to introduce the required legislative amendment to have Belize replace the Privy Council with the Caribbean Court of Justice (CCJ) as her court of last appeal.  From early 2001 the former Prime Minster Honourable Said Musa signed the Agreement Establishing the Caribbean Court of Justice, however the then opposition failed to recognize the merit of Belize subscribing to this judicial body.  This important organ of the Caribbean Community (CARICOM) was conceptualized by the West Indian Commission which was tasked with the responsibility of addressing how the region would transition into the 21^st Century recognizing the effects of globalization and trade liberalization.  Thus from its conceptualization the functions of the CCJ were envisaged to serve a dual purpose; firstly as the Caribbean’s Supreme Court functioning in an appellate jurisdiction to replace the Privy Council; and secondly as a high court in an original jurisdiction.  This writer will seek to address the later issue and assert the importance for Government to inform of the implications to Belize, as the latest member of CARICOM to make the switch to the CCJ.  Most discussions on the CCJ remains focused on its function as an appellate body and the merits and benefits extolled as it replaces the Privy Council; however, its function in an original jurisdiction requires equal attention.

The mission as stated by the CCJ in execution of its function in its original jurisdiction is to “ensure uniform interpretation and application of the Revised Treaty of Chaguaramas, thereby underpinning and advancing the CARICOM Single Market and Economy.”  It is of utmost importance for Belizeans to understand the function of the CCJ in this capacity.  In its original jurisdiction it means any person, legal entity or member state of CARICOM that is aggrieved can take a dispute to the Court.  It is there to resolve any dispute arising from benefits or interpretation of the Treaty of Chaguaramas and its subsequent revisions that established the Caribbean Community and the CARICOM Single Market and Economy (CSME).  Therefore the Court could deliver judgment on disputes between any CARICOM member country party to the Agreement that established the CCJ; disputes between any CARICOM member country and CARICOM organs and any application from nationals concerning the interpretation and application of the Treaty.  The CCJ is therefore placed as the center piece in the institutional framework that supports the fluid and smooth functioning of the CSME.  Such a legal infrastructure is one that will provide the assurances on the unimpeded economic benefits that ought to be accrued from the free movement of factors within and throughout the CSME.  The CCJ is thus important in ensuring that the region and member states operate within an investment climate that is attractive and supports the competitive production of goods and services that is deemed a critical aspect of any country’s development policy.

With Government making the necessary steps to incorporate in national legislation the position of the CCJ, they have an obligation to go further in ensuring that the supporting institutions provide the level of education and dissemination of information on the implications to the business community and Belizean nationals overall.  This responsibility falls directly to the Ministry of Foreign Trade and the Attorney General’s Office of International Agreements.  The reality for Belizean businesses is that they must be made aware of the various provisions, requirements and obligations on Government under the CSME.  This can only be accomplished if there is a sustained education campaign to make the public aware.  The most recent fiasco with investors and fisher folk from Jamaica seeking to establish a processing facility clearly highlight the need for both the public and private sector to be made aware of rights and obligations under the CSME.  The principle of non-discrimination and national treatment underpins the core value of the regional integration being fostered.  This overarching foundation is to ensure that persons and businesses are not unfairly disadvantaged in pursuing economic benefits within the CSME.  Another important responsibility also lies with the private sector with respect to the provision of services.  The need to have Mutual Recognition Agreements in place for professional services require greater participation and insight from the professional associations such as the Association of Professional Engineers, Association of Architects, Association of Realtors and Real Estate Agents among others that may not be so well established.  Consequently, the private sector also has an important role to play in the education process and this can start with the Chamber of Commerce and Business Bureau.

This writer opines that the most recent passage of the Supreme Court of Judicature (Amendment) Act of 2010 would definitely come to be challenged and questioned by the CCJ sometime in the near future.  The far reaching implications of this piece of legislation will by no means find favor with investors from within CARICOM that may choose to look at Belize as a destination for their investment. As the benefits that ought to accrue under the CSME and the nondiscriminatory requirement for nationals and non-nationals in the free movement of capital may be incongruous with the position espoused by the Supreme Court of Judicature (Amendment) Act of 2010.  Thus, the challenge remains rather pertinent as to how the current administration will ensure that in meeting with its commitment to the CSME that Belize’s investment policy framework is one that remains attractive.  It is thus important that in all of Government’s undertakings full consideration is given to the wider implications of national decisions, as Belize’s development may continue to be compromised.

Gwyneth Sydney Nah

GwynethNah@gmail.com

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