By Rolande Pryce, Contributor 
Savanna-la-Mar Resident Magistrate's Court in Westmoreland.
THE NATIONAL debate concerning the Caribbean Court of Justice (CCJ) has been principally concentrated on the appellate jurisdiction of this proposed court. More specifically the debate has focused largely on the prospective advantages and disadvantages of the CCJ when compared with the Judicial Committee of the Privy Council. This emphasis is understandable. Upon its establishment, the CCJ will replace a revered legal institution, which takes much of its influence from longevity and its reputation for fairness.
Although the pros and cons of abolishing appeals to the Judicial Committee of the Privy Council will continue to be canvassed, it is important to recall that the CCJ will be more than an appellate Court. More specifically the CCJ will encompass both appellate and original functions in a unique way. The original function of the CCJ is the main point for discussion here.
ORIGINAL JURISDICTION
What is the meaning of the term "original jurisdiction" when applied with respect to the CCJ? Original jurisdiction refers to the CCJ's responsibility for hearing and determining disputes concerning the interpretation and application of the Revised Treaty of Chaguaramas Establishing the Caribbean Community including the CARICOM Single Market and Economy ('the Revised Treaty'). Under the Revised Treaty and the Agreement Establishing the Caribbean Court of Justice ("the CCJ Agreement"), the CCJ is empowered to resolve disputes that will arise under the Revised Treaty as well as provide advisory opinions on the interpretation and application of the Treaty, thereby developing a body of CARICOM law.
The Revised Treaty is itself a landmark for the region. It evidences the will of the CARICOM states to forge stronger alliances in order to achieve sustainable economic development through the strengthening of regional economic integration. CARICOM countries had already established a Free Trade Association (CARIFTA) and a Common Market which provided a common external tariff and free movement of goods within the Community. Under the Revised Treaty, however, nationals of CARICOM countries are granted further rights: the right of establishment, the right to provide services and the right to free movement of capital and by skilled nationals. The right of establishment includes the right to engage in economic activities undertaken by self-employed persons or independent contractors of a commercial, industrial, agricultural, professional or artisanal nature. It also includes the right to create and manage economic enterprises within the meaning of the Revised Treaty.
AGRICULTURAL POLICY
The Revised Treaty creates an agricultural policy, which is focused on fundamentally transforming the existing sector to a market-oriented, internationally competitive, and environmentally sound production of agricultural goods, as well as improving employment opportunities and increasing production. The Treaty also sets forth a transport policy, the objective of which shall be the provision of adequate, safe and internationally competitive transportation for the development and consolidation of CARICOM Single Market and Economy ('the CSME').
The trade policy, which contemplates full integration of the national markets of all members of CARICOM into a single unified and open market area and the active promotion of export of internationally competitive goods and services originating within CARICOM, is seen as a major cornerstone of the Revised Treaty. In this context, the Treaty also establishes a trade remedies regime, including provision on dumping and subsidies investigations, for intra-community trade. In a related area, the Treaty contemplates a competition policy, the objectives of which are as follows:
To ensure that the benefits expected from the establishment of the CSME are not frustrated by anti-competitive business practices
To promote and maintain competition
To enhance economic efficiency in production trade and commerce, and
To promote consumer welfare and the protection of consumer interests.
It can be seen then that the Revised Treaty provides comprehensive treatment of a board range of issues that are required in order to create a single economic space within which the factors of production may be efficiently employed. The challenge will be the exploitation of the economic potential of this space. A critical factor in overcoming this challenge is the need for legal certainty. There must be credible mechanisms for the protection of the rights afforded to CARICOM nationals under the Revised Treaty. Equally important, is that investors and other economic actors within the space are able to predict outcomes. This is only possible where there is one body competent to apply and interpret the Revised Treaty.
SETTLEMENT
Interpretation and application of the Revised Treaty by national courts of the Member States could lead to a variety of interpretations of the Revised Treaty which could likely have adverse consequences for the development of the CSME. The architects of the CSME clearly appreciated this fact. Thus, although the Revised Treaty establishes a dispute settlement regime, that includes a number of different methods for the settlement of disputes, such as arbitration and mediation, member states recognise as compulsory and exclusive, the jurisdiction of the CCJ to hear and determine disputes concerning the interpretation and application of the Revised Treaty.
The Revised Treaty provides that the CCJ, when exercising its original jurisdiction, shall apply such rules of international law as may be applicable. Ultimately, an economic space such as the CSME is a creature of international law, as the Revised Treaty is an international instrument concluded by sovereign states regulating their interactions in the CSME.
The importance of international law in the structure of the court is also evidenced in the CCJ agreement, which states that the judges of the court shall be the president and not more than nine other judges of whom at least three shall possess expertise in international law including international trade law, and that where the court sits in the exercise of its original jurisdiction it shall consist of an uneven number of judges, not less than three, who shall possess the necessary expertise for the court to adjudicate the matter. The inclusion of these provisions in the CCJ agreement illustrates the seriousness with which the Heads of Government view the implementation and application of the Revised Treaty and, ergo, the CSME.
The CCJ's exercise of its original jurisdiction is important as a judicial exercise, but is also vital for the economic development of the region. As potential judges, users and critics of the system, it is important that we educate ourselves about its function so that we may play our part in ensuring the high quality of justice that the court will dispense.
Rolande Pryce is a crown counsel in the Attorney-General's Office.
